Jurisdiction

Construction, Construction arbitration, Exclusionary Clauses, India, International Arbitration Procedures, International Commercial Arbitration, SCL-CIArb, UNIDROIT Principles of International Commercial Contracts

/ /Leave a comment

A 3-day International Conference on Construction Law & Arbitration was held in December 2019 in New Delhi, co-hosted by the Society of Construction Law-India and the Chartered Institute of Arbitrators-India. During the course of their presentations, the panelists discussed various topics ranging from trends in construction law in the context of arbitration across global jurisdictions…

Arab World, Dispute Resolution, International dispute resolution, International Law, Iran, United States

(AFFAKI)/ /1 Comment

Amid the celebrations that accompanied the conclusion on 14 July 2015 of the Joint Comprehensive Plan of Action (JCPOA) between the E3/EU+3 (China, France, Germany, Russia, the UK and the U.S., with the EU Commission) and Iran, few observers paid attention to the Dispute Resolution Mechanism (DRM) embedded in two paragraphs, ¶¶ 36 and 37,…

Greece, ICSID, Kluwer Mediation Blog, Mediation, Romania, Ukraine

(Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

“the money’s not about the money…The key to settlement lay not in the realm of calculation and rationality but in the more opaque social world of face, punishment, justice and emotion.” Charlie Irvine in Not about the money? The end of 2019 and the start of 2020 offered a rich variety of posts on the…

Enforcement, Execution, India, Set aside an arbitral award, Stay of Proceedings

(West Bengal National University of Juridical Sciences)/ /Leave a comment

The automatic stay provisions in the Indian arbitration regime have been a matter of a long debate. At first blush, the automatic stay seems like the perfect protection mechanism for any award debtor; however, it often puts the award creditor in a difficult spot. Arbitral awards rarely go unchallenged in India. The automatic stay provision…

AfCFTA, Africa, Morocco, OHADA

(University Cadi Ayyad)/ /Leave a comment

Since 2014, the Casablanca Arbitration Days (CAD) have no doubt become one of the most attended arbitration-related events in Africa. Organized on 5-6 December 2019 at Kenzi Tower Hotel Casablanca by the Casablanca International Mediation and Arbitration Centre (CIMAC), this year marked the fifth edition of CAD under the topic ‘Investing and Doing Business in…

Arbitral seat, Enforceability, Enforcement, Judgment, Jurisdiction

(Blanke Arbitration LLC)/ /Leave a comment

In a ruling of 11 December 2019 (see Cassation No. 8/2019 (JT) – Al Taena: AF Construction Company LLC (formerly Al Futtaim Carillion – Abu Dhabi LLC v. Power Transmission Gulf), the Dubai-DIFC Joint Judicial Tribunal, also commonly known as the “Judicial Tribunal” or simply the “JT”, was required to deal with the conflicting jurisdiction…

2019 In Review, India, International Commercial Arbitration, Investment Arbitration

/ /Leave a comment

Amazon founder Jeff Bezos on his recent visit to India in January 2020 remarked that the 21st century belongs to India. If that is true, it would also mean a flurry of disputes involving some Indian angle are inevitable and will keep the arbitration industry busy. Thus, even though 2019 may have drawn curtains over…

Arbitrability, Arbitration Agreement, Arbitration clause, Public Policy, Reform, Saudi Arabia

(University of Miami School of Law)/ /Leave a comment

“Recourse to arbitration has now become a right of the competent ministry with the agreement of the Ministry of Finance. Whereas recourse to arbitration was previously an exception, now, this is a clear confirmation by the government of the importance of arbitration and the government’s commitment to participate in more rapid, cost-effective litigation.” – Saudi…

Arbitration, Arbitration Industry, Arbitration Institutions and Rules, FAI, Finland

(Merilampi Attorneys Ltd.)/ /Leave a comment

The Finland Chamber of Commerce has recently revised its Arbitration Rules and the Rules for Expedited Arbitration to address the growing demands of the competitive world of commercial arbitration, as reported by the Arbitration Institute of the Finland Chamber of Commerce ( “FAI” or the “Institute”) in its article from December 2019. The revised Rules,…

2019 In Review, Section 1782 Discovery, U.S. Supreme Court, United States, United States Courts, USMCA

(Musick, Peeler & Garrett LLP) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

2019 was an important year for international arbitration developments in the United States, both in the commercial and investment context.  Some of the more far-reaching developments included the deepening circuit court split on whether “manifest disregard” of the law is a grounds to refuse enforcement of an award, the first U.S. Court of Appeals decision…

Arbitration, Bosnia and Herzegovina, Consolidation, Reform

and (Alchemy Capital LLC)/ /Leave a comment

Consolidation of arbitral proceedings is commonly regarded as a procedural device designed to deal with the challenges associated with complex cases. It is a method that combines multiple proceedings and harmonizes the final outcome of the disputes that bear significant resemblance, thus eradicating the risk of having contradictory awards rendered on a closely related set…

Enforcement, Enforcement of an arbitration clause, New York Convention, Pakistan, Pro arbitration

/ /Leave a comment

Recently, the Center for International Investment & Commercial Arbitration inaugurated its Young Arbitration Group in Pakistan in a conference which attracted foreign panelists who efficaciously explained the theory and practice of international arbitration, highlighting the room for improvement in Pakistan. This has been summarized in a prior post on the Blog, which also explained that…

Arbitration, Domain Names, Hungary, Public Policy, Supreme Court

(Taylor Wessing Budapest)/ /2 Comments

For a number of years, most Hungarian domain name disputes have been decided by an Alternative Dispute Resolution Forum (hereinafter: ‘Forum’) operated by the Council of Hungarian Internet Providers (‘Internet Szolgáltatók Tanácsa’, abbreviated as ‘ISZT’). Although the procedure conforms to the Uniform Domain Name Dispute Resolution Policy established by the Internet Corporation for Assigned Names…

Arbitration Act, Arbitration clause, Brazil, Brazilian Arbitration Act, Consent, kompetenz-kompetenz

(Herbert Smith Frehills)/ /1 Comment
Herbert Smith Freehills

On September 10, 2019, in considering an interlocutory appeal to stay arbitration proceedings, the Espírito Santo Court of Appeals decided to grant an exception to the competence-competence principle on grounds that the arbitration agreement was prima facie “manifestly illegal”. (Interlocutory Appeal No. 0013950-80.2019.8.08.0012, injunctive relief issued on September 10, 2019).   Background In 2001, the…

Appointment of arbitrators, Injunction, Interim measures, Malaysia

, (GanPartnership)/ /Leave a comment

The dilatory tactics of some claimant parties in conducting arbitration proceedings can often be frustrating and can result in unnecessary costs and expenses. In the judgment of Jaks Island Circle Sdn Bhd (“Jaks Island”) v. Star Media Group Bhd (“Star Media”) and AmBank (M) Berhad (“AmBank”) [Originating Summons No.: WA-24C(ARB)-11-02/2018] issued in 2019, the Malaysian…

2019 In Review, Armenia, Azerbaijan, Belt Road Initiative, China, Georgia, HK Arbitration Week, HKIAC, Hong Kong, Interim measures, Japan, Kazakhstan, Kyrgyzstan, Online Dispute Resolution, South Korea, Third party funding, Trade, Uzbekistan

and (Peter & Kim)/ /Leave a comment

Gong Xi Fa Cai! The Year of the Earth Pig has drawn to a close. In what was certainly an auspicious and lucky year for arbitration developments in East and Central Asia, we take a closer look at five key developments:   1. Initiatives in PR China to boost arbitration In southern coastal China, the…

Hungary, Set aside an arbitral award, UNCITRAL Model Law

(SMARTLEGAL Schmidt & Partners)/ /Leave a comment

Two and a half decades have passed since Hungary harmonised its arbitration law with UNCITRAL Model Law (‘Model Law’) in 1994. This marked a giant leap forward, especially as the adopted provisions were made applicable not only in international, but in purely domestic arbitrations as well. This post analyses the Hungarian case law on setting…

ADR, Arbitration Act, Arbitration institution, Law of the Sea, National Arbitration Laws, Philippine Arbitration Convention, Philippines, Recognition and enforcement of arbitral award, Singapore Mediation Convention, South China Sea, UNCITRAL Model Law

, / /Leave a comment

The year 2019 was a milestone year for alternative dispute resolution (“ADR“) in the Philippines. It saw the inaugural Philippine Arbitration Convention organized by the Philippine Institute of Arbitrators (“PIArb“) on 25 November 2019 (the “Arbitration Day“), the signing of the Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention“), the implementation of…

Antitrust arbitration, Arbitrability, China, Competition Law, Economic, Jurisdiction of the arbitral tribunal, Non-arbitrability

(International University of Rabat)/ /Leave a comment

Private antitrust actions were long thought to be non-arbitrable due to the public law character of antitrust law, though the scope of non-arbitrability has been reduced to varying extents in different jurisdictions. For instance, US courts had long adhered to the so-called “American Safety doctrine”, which limited the arbitrability of domestic antirust disputes.1)American Safety Equipment v…

2019 In Review, CIAMA, CRCICA, Egypt, Morocco, National Courts, North Africa

(Egyptian State Lawsuits Authority, Ministry of Justice and University of Geneva) and (Dentons & Co, Dubai)/ /Leave a comment

Here at Kluwer Arbitration Blog, we are pleased to reflect on a number of significant and exciting developments in international arbitration, with impact on the North African region. In this post, we recap these developments and their implications; and, of course, also thank our esteemed authors who have enabled us to bring coverage of events…

Arbitration, Interim measures, Macau, Recognition and enforcement of arbitral award

, , (Morrison & Foerster LLP)/ /Leave a comment

The Macau Special Administrative Region of the People’s Republic of China (“Macau”) has seen a dramatic decrease of foreign direct investment in the last few years. According to data from the Macau Statistics and Census Service, foreign direct investment dropped 79.9% in 2017 compared to 2016. In order to attract more investment, Macau needs to…

Dual Nationals, International Investment Arbitration, International Law, Jurisdiction of the arbitral tribunal, Venezuela

(GST LLP)/ /Leave a comment

In a previous post, which discussed the Ballantines award, the author concluded that doors for dual nationals’ claims are being closed, including for non-ICSID cases where the relevant treaty does not have a provision dealing with the issue. The recent Heemsen v. Venezuela jurisdictional award confirms this approach. Unanimously, a PCA tribunal declined jurisdiction over…

Law governing the arbitration agreement, Shanghai, Singapore

(Drew & Napier LLC)/ /1 Comment
YSIAC

In BNA v BNB and another [2019] SGCA 84 (“BNA”), the Singapore Court of Appeal overturned the High Court’s ruling and provided authoritative guidance on the applicable principles in determining the proper law of an arbitration agreement. I discussed the High Court’s decision and the factual background in an earlier post. This post unpacks the…

2019 In Review, Chile, Colombia, Constitutional Court, Damages, Dominican Republic, Dual Nationals, Ecuador, Free Trade Agreements, Investment Arbitration, Latin America, Mexico, USMCA

(Locke Lord LLP)/ /Leave a comment

Introduction In 2019, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. While some of them were in line with expectations, some jurisdictions did deviate from their usual or expected approach to ISDS and surprised us in positive, but also in negative ways. Our authors did a tremendous…