Jurisdiction

Case Management, China, HK Arbitration Week, HKIAC, Hong Kong

(Skadden, Arps, Slate, Meagher & Flom LLP)/ /Leave a comment

This February, Ms. Joanne Lau assumed the position of the Hong Kong International Arbitration Centre (“HKIAC”) Secretary-General, succeeding Dr. Mariel Dimsey. Prior to this, Joanne spent more than a decade practicing at an international law firm, building and managing a successful international arbitration practice as part of its leadership team. Joanne brings to HKIAC a…

ACICA, Australian Arbitration Week, Culture, Fiji, foreign direct investment, Med-Arb, Pacific Islands, Papua New Guinea, Reform, Solomon Islands, Tonga

, (Ashurst) and / /Leave a comment
ACICA

The Pacific region, with its rich tapestry of cultures and diverse political landscapes, presents both unique opportunities and formidable challenges for international arbitration. As nations within this region strive to attract foreign direct investment (“FDI”) and foster economic growth, the role of arbitration becomes increasingly pivotal. On 17 October 2024, during the Australian Arbitration Week…

ACICA, Australia, Australian Arbitration Week, Burden of proof, Evidence, IBA Rules of Evidence

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ACICA 45

Australian Arbitration Week continued in full force on the morning of 16 October 2024, with ACICA45’s panel discussion named, “Filling in the Gaps: Inferences, Presumptions, and Burdens of Proof,” hosted by Deloitte.  The panel was moderated by Brisbane-based ACICA45 Steering Committee members Oliver Cook (Barrister, Level 27 Chambers) and Zara Shafruddin (Associate, Jones Day).  Drawing…

ACICA, Asia, Australia, Australian Arbitration Week, Corporate Social Responsibility, Energy, Energy Dispute, Environmental protection, ESG, Investor-State arbitration, Oil & Gas, Price revision, Renewable energy, Third party funding

(Australian Centre for International Commercial Arbitration)/ /Leave a comment
ACICA

On 15 October 2024, Norton Rose Fulbright hosted a breakfast panel discussion on the topic of “Hot Cakes and Hot Takes: Trends and Developments in Asia’s Energy Sector” in Brisbane as part of Australian Arbitration Week. The panel was moderated by Dylan McKimmie, Head of Arbitration and Co-Head of Energy, Norton Rose Fulbright Australia and…

COVID-19, Force majeure, Portugal

(Linklaters LLP) and / /Leave a comment

In a landmark decision, the Portuguese Supreme Administrative Court has overturned an arbitral award which dealt with the different available remedies in case of a fundamental change in circumstances (in this case, the effects of Covid-19) ruling that affording a force majeure protection to a party should have the effect of excluding other remedies to…

ACICA, Australia, Australian Arbitration Week, Interviews with Our Editors

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ACICA

Judith Levine is the President of the Australian Centre for International Commercial Arbitration (“ACICA”). Judith has been a long-serving member of ACICA and was one of its Vice-Presidents before her appointment as President in June this year. She is also a leading independent arbitrator based in Sydney, Australia, and has served as presiding, sole, and…

Artificial Intelligence, Confidentiality, DIS, Diversity, Efficiency, Germany

(CMS Hasche Sigle)/ /Leave a comment

The DIS Autumn Conference, held on 10 September 2024, was the main event of the Berlin Dispute Resolution Days, which took place from 9 to 12 September 2024 and were jointly organized by the German Arbitration Institute (DIS), the Federal Ministry of Justice, and the Humboldt University in Berlin. Set against the vibrant backdrop of…

Artificial Intelligence, Energy, SIAC, SIAC Symposium, SIAC Symposium 2024, Singapore International Arbitration Centre, Southeast Asia, Trade Disruption

(Omni Bridgeway)/ /Leave a comment
YSIAC

The 2024 Singapore Convention Week kicked off with a bang on 26 August 2024 with the Singapore International Arbitration Centre (“SIAC”) hosting its flagship SIAC Symposium at the Shangri-La Hotel, Singapore. The SIAC Symposium 2024 featured a welcome address by Mr Davinder Singh SC (Chairman, SIAC; Executive Chairman, Davinder Singh Chambers LLC), a keynote address…

Artificial Intelligence, Confidentiality, Conflicts of interest, Due process, Ethics, Illegally obtained evidence, Privilege, SIAC, SIAC Symposium, SIAC Symposium 2024, Singapore International Arbitration Centre, Southeast Asia, Technology

(Shearn Delamore & Co)/ /Leave a comment
YSIAC

Following the morning session of the SIAC Symposium 2024, which explored issues including the challenges posed by artificial intelligence (“AI”), climate change, and trade disruption (see Part 1), the afternoon session consisted of three plenary panel discussions that delved into the core issues shaping the future of arbitration. These pivotal topics comprised: the ethical considerations guiding…

Arbitral Award, Colombia, Money Laundering, Non-justiciability, Security Exceptions, Self-judging clauses

(University of Vienna)/ /Leave a comment

One of the most contentious issues in investor-state dispute settlement (“ISDS”), leading to an extensive scholarly debate, and yet one of the least decided legal questions in arbitral practice is the functioning and effect of security exceptions. One of the reasons for that is the relatively low number of investment treaties that include such provisions…

Anti-arbitration Injunction, Germany, Russia

, , (A&O Shearman)/ /Leave a comment

Against the backdrop of the ongoing war in Ukraine, numerous commercial disputes have arisen. In a (further) significant ruling dated 1 June 2023, the Higher Regional Court Berlin (Kammergericht or the “Court”) reinforced the integrity of arbitration by confirming the admissibility of arbitration to the exclusion of (Russian) state courts (Case No. 12 SchH 5/22)….

Anti-arbitration Injunction, Russia, Sanctions

, (Gherson LLP) and / /Leave a comment

On 4 July 2024, Russia’s Arbitrazh Court of the North-Western Region (cassation) confirmed the earlier decision of the Arbitrazh Court of Saint Petersburg (first instance) to grant an anti-suit injunction prohibiting German Uniper Global Commodities SE (“Uniper”) and Methanhandel GmbH (“Metha”) from continuing ad hoc arbitration proceedings in Stockholm (Case No. А56-16212/2024). The reasons behind…

EU Law, Intra-EU Investment Arbitration, Netherlands, State Aid

, (Linklaters LLP; Erasmus University) and (Linklaters LLP)/ /Leave a comment

There is no dull moment in the intra-EU realm. Pandora’s box has long been opened by the Court of Justice of the European Union (“CJEU”) with its Achmea decision leading to numerous ongoing challenges. In a recent ruling, the District Court of Amsterdam (“Amsterdam Court”) had to address a strategic manoeuvre by the Kingdom of…

Brazil, Environment, Environmental protection, Infrastructure, Latin America

(BMA - Barbosa Müssnich Aragão Advogados)/ /Leave a comment

From 1st to 3rd September 2024, the Brazilian Arbitration Committee—CBAr held its 23rd International Arbitration Conference (“23rd CBAr IAC” or “Conference”) in Brasília, Brazil’s federal capital. The theme of this year’s Conference was “Arbitration and Infrastructure.” The Organizing Committee, composed of both the current and previous CBAr Board members, succeeded in providing a program that…

Brazil, Infrastructure, Latin America

(Demarest Advogados)/ /Leave a comment

The 23rd CBAr IAC was a resounding success. The second day of the Conference included a first Panel on the Circulation of Contractual Models and Infrastructure Arbitrations, a second Panel on Contractual Incompleteness and Infrastructure Arbitrations, and a third Panel on the Limits of Consent, Arbitrability, and Judicial Review in Infrastructure Arbitrations. Below, we summarize…

Brazil, Foreign Investment, Latin America

(Eleonora Coelho Advogados)/ /Leave a comment

Continuing the central theme of the CBAr 23rd International Arbitration Conference, focused on discussing “Arbitration and Infrastructure,” the two panels held on September 3rd, 2024 were focused on the rendering of technical evidence in infrastructure disputes and the impact of foreign investment and sustainability in Brazil—topics of great complexity, yet essential for the continued development…

Arbitrability, India, Insolvency, Singapore, UK

, (Linklaters)/ /1 Comment

Arbitration and insolvency embody, to some extent, countervailing legal policies. Courts in many jurisdictions have grappled with the extent to which claims involving an insolvent company should be permitted to be resolved through arbitration. In the October 2023 decision of Indian Oil Corporation Ltd v Arcelor Mittal Nippon Steel India Ltd (“Indian Oil”), the Delhi…

German law, Germany, Hague Service Convention, Russia, Sanctions

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In a decision of 1 June 2023 (Case No. 12 SchH 5/22) that was praised as landmark, the Higher Regional Court of Berlin (Kammergericht) (“KG”) addressed some of the legal issues arising from the complex dispute between Siemens and Russian Railroads (“RZhD”) concerning the unilateral termination of an electric trains maintenance and repair contract by…

Africa, European Union, Investment, Investment agreements, Sustainability

, (Morais Leitão)/ /Leave a comment

Early this year, the European Union (“EU”) finalized the required internal procedures for the entry into force of the Sustainable Investment Facilitation Agreement concluded between the European Union and the Republic of Angola on 18 November 2022 (“SIFA” or the “Agreement”). This landmark agreement, the EU’s first “sustainable investment facilitation agreement,” could set a precedent…

Independence and Impartiality, Switzerland

, (Homburger)/ /1 Comment

On 11 June 2024, the Swiss Federal Supreme Court (the “Court”) rendered another pair of decisions in the high-stakes arbitration saga Crescent Petroleum Co. International Ltd. (“Crescent”) v. National Iranian Oil Company (“NIOC”) (decisions no. 4A_288/2023 and 4A_572/2023). The Court rejected two separate applications for revision by NIOC, requesting revision of an interim award following…

Arbitration Agreement, Germany, Interim measures, Set aside an arbitral award

, (Luther)/ /Leave a comment

On 12 July 2024, more than 25 years after adopting its current arbitration law, the German government agreed on a draft reform law (“Draft Law”). It is based on a White Paper issued in April 2023 (reported here), including comments received thereon (see here). The now adopted version (dated 26 June 2024, to be submitted…

Bias, Foreign arbitral awards, India

, (DSK Legal)/ /Leave a comment

In the last decade, India has emerged as a prominent pro-arbitration jurisdiction owing to several factors including legislative changes to the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). Indian courts have been at the forefront of this movement and consistently interpreted Indian law in favour of arbitration rather than against arbitration. A noticeable trend has…

Arbitration, Arbitration Proceedings, Australia, Commercial Arbitration, Domestic law, Governing Law, International arbitration, UNCITRAL Model Law

(Twenty Essex and Banco Chambers) and (Banco Chambers)/ /Leave a comment

On 7 August 2024, the High Court of Australia (“Court”) delivered judgment in the much-anticipated Tesseract International v Pascale Construction [2024] HCA 24 in which the Court held that proportionate liability statutes apply in arbitration. This post seeks to draw attention to critical aspects of the decision of Australia’s highest court, and suggests that, properly…

Australia, Hearings, Investor-State arbitration, ISDS, ISDS Reform, PCA, Permanent Court of Arbitration, Transparency, Transparency in investment arbitrations

(University of Sydney & Williams Trade Law)/ /Leave a comment

On 4 August 2023, in an investor-State dispute settlement (“ISDS) arbitration commenced against Australia on 29 March 2023 under the Association of Southeast Asian Nations (“ASEAN”) Australia New Zealand Agreement for a Free Trade Area (“AANZFTA”), Singapore-incorporated Zeph filed an application for interim measures including an unusual request. Zeph sought an order that Australia’s “officers…