In this post we consider the soundness of the legal conclusion of the Johannesburg High Court in the recent matter of Government of the United Republic of Tanzania v Hermanus Philippus Steyn (28994/2019) [2019] ZAGPJHC 312 (4 September 2019); 2019 JDR 1690 (GJ) (“Reconsideration Judgment“) to confirm jurisdiction over foreigners in South Africa in order…
Polish civil procedure is in the midst of a very significant makeover. The bulk of amendments came into effect on 7 November 2019 (the Polish version of the amending act to the Polish Code of Civil Procedure (CCP) is available here). This blog post discusses the nature of those amendments and their significance for arbitration….
2019 was a lively year for international arbitration in Latin America – especially in the international commercial arbitration arena, which is the focus of this post. Contributors to Kluwer Arbitration Blog reported mostly on favorable developments on arbitration-related legislation, case law and other initiatives. The year, however, ended with a regrettable situation in Peru, where…
There have been some false dawns but Thailand has become significantly more arbitration-friendly in recent years. This post briefly canvasses the recent developments and identifies potential areas for further development. Amendments to the Thai Arbitration Act – Arbitrators and Representatives Allowed to Work in Thailand Previously, foreign arbitrators were required to undergo an onerous…
Introduction At the latest ODR Forum which was held on 29-31 October 2019 in Williamsburg, Virginia, Dr Anyu Lee presented on China’s vision of online dispute resolution (“ODR”). He discussed how far China has progressed in developing artificial intelligence (“AI”) tools for online courts, arbitration and mediation. He also described the potential of AI in…
2019 has been a busy year for international arbitration in Sub-Saharan Africa. Indeed, the year has brought an interesting wave of precedents, new domestic statutes, modern international investment agreements, and arbitration events. This post highlights and summarises some of the African developments covered in the Blog in 2019, with many thanks to the authors who…
The swift and far-reaching development experienced by arbitration in Spain over the past few decades is unprecedented in the context of other arbitration-friendly jurisdictions. In little more than 40 years, a fully-fledged arbitration system was set up virtually from scratch. In 1977 Spain ratified the New York Convention without reservation, thus entering the international arbitration…
This year, I had the extraordinary pleasure of speaking at the Emirate Maritime Arbitration Centre (the “EMAC”) inaugural event of Dubai Arbitration Week 2019 (for the full presentation, see here). The EMAC, as readers may know, is the only arbitration institution specialized in the administration of maritime disputes through arbitration in the UAE and the…
A recent case has shocked the international arbitration community: pre-trial detention was issued against three renowned arbitrators. Their crime? Determining their fees based on the amount of the dispute and having meetings with both parties to discuss the applicable rules and who will act as the Chairperson. In other words, behave as any other arbitrator…
Investor-State Dispute Settlement (ISDS) is facing significant opposition in its current form. Whilst some parties are engaged to find new common ground, others have unilaterally implemented measures aimed at ousting investor-state arbitration altogether. Over time, more and more attention has been paid to the International Centre for the Settlement of Investment Disputes (ICSID) and its…
In its recent decision T-354/2019, the Colombian Constitutional Court, through one of its chambers, declared that arbitration awards, issued in international arbitrations seated in Colombia, may be subject to constitutional challenges by means of the so-called acción de tutela.1)The acción de tutela is similar to the so-called recurso de amparo, a constitutional injunction widely known…
Ms. Bayzakova, thank you for joining us on the Kluwer Arbitration Blog! We are grateful to have the opportunity to learn more about the Tashkent International Arbitration Centre (TIAC), one of the youngest arbitration institutions, having launched in November 2018, when the President of Uzbekistan signed the Resolution contemplating its establishment under the Chamber of…
Under French law, the principle is that both a request to set aside an award and an appeal of a decision upholding enforcement (ordonnance d’exequatur) have no suspensive effect (Article 1526(1) of the Code of Civil Procedure, ‘CCP’), so that an international arbitral award is immediately enforceable. However, as an exception, stay or adjustment of…
Introduction The United States, Mexico, and Canada renegotiated the 25-year-old North American Free Trade Agreement (NAFTA) in 2018. As a result of these renegotiations, the parties agreed on new terms to formulate “NAFTA 2.0” or the U.S.-Mexico-Canada Agreement (USMCA) in the United States, the CUSMA in Canada and, the T-MEC in Mexico. The USMCA aims…
Interesting developments in disputes involving Venezuela and its national oil company Petróleos de Venezuela S.A. (PDVSA) took place after Juan Guaidò, the president of the Venezuelan National Assembly, took the interim Presidency of the State in January 2019. Since then, he has adopted a series of measures and intervened in a series of proceedings involving…
The Young SIAC (“YSIAC“) Conference 2019 took place earlier today in Singapore, attracting young arbitration practitioners from all across the globe. The theme of the 2019 Conference was “Arbitration 2.0 – Navigating New Frontiers in International Dispute Resolution”, which explored the impact of various trends, technologies and innovations in international arbitration. Nonetheless, while trends may…
More than four years have passed since the Armenian Cassation Court—the highest court in Armenia—held in its EKD/1910/02/13 (2014) decision (“Cassation Court Decision”) that only state courts may exercise jurisdiction over the issue of contract invalidity (see previous post). To recall, the Cassation Court reasoned that civil rights could be protected through judicial, administrative or…
Located in the heart of Brussels, Europe’s capital and home to international organisations such as NATO, CEPANI, the Belgian Centre for Arbitration and Mediation, was founded on 25 September 1969. At that time, Belgium had just acceded to the Geneva Convention and was exploring ways to update its obsolete legal arbitration framework. Much has changed…
Introduction In July this year, an International Centre for Settlement of Investment Disputes (ICSID) based arbitration tribunal ordered the Government of Pakistan (GOP) to pay a massive $5.8 billion to Tethyan in compensation. The legal battle between Tethyan and GOP started in 2011 when GOP refused to grant a mining lease to Tethyan after it…
The progression of arbitration law in the American legal system has been steadfast. Despite a few uneasy rulings, the U.S. Supreme Court (“SCOTUS” or “the Court”) has provided resolute support for arbitration and proclaimed the legitimacy of its enhanced adjudicatory role. The few rulings that strayed from the contemporary judicial evaluation of arbitration1)Wilko v. Swan,…
One of David Guetta’s most famous songs is “When Love Takes Over”. Recent weeks have shown him that insolvency can also “take over”. The Commercial Court in Santander (Spain) ruled recently that an arbitration agreement signed by the agents of David Guetta ceased to produce effects due to the insolvency of the counterparty, the Spanish…
After 11 years and more than US$ 89 million in costs,1)Perenco claimed US$ 57,923,322 in legal costs and other expenses, while Ecuador claimed US$ 31,620,369.27 for legal costs and other expenses and an additional US$ 49,629.76 for Petroecuador’s legal costs (a total of US$ 31,701,618.76). an international tribunal rendered a final decision awarding damages in…
Introduction In domestic award enforcement proceedings, the U.S. federal Court of Appeals for the Second Circuit (“Second Circuit”) in New York recently reversed a lower federal trial court’s decision to vacate that award on grounds that the arbitrator manifestly disregarded the law. See Weiss v. Sallie Mae, Inc., Dkt. No. 18-2362, Slip Op. (2d Cir….
The national courts in Uzbekistan have not commonly been noted by arbitration lawyers and foreign investors for having a pro-arbitration judicial attitude. However, since President Mirziyoyev took office in 2016, Uzbekistan has been trying to build a reputation as an investment-friendly country. It was hoped that the reforms in various sectors would extend as far…
