Jurisdiction

Astana International Financial Centre, Central Asia, Kazakhstan, Kazakhstan Law on Arbitration, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan

(Squire Patton Boggs)/ /Leave a comment

Kazakhstan has been making concerted efforts to increase foreign investment and to reduce its dependency on extractive industries which have long dominated production. In 2015, when it was ranked 77th out of 190 countries for doing business, the then President introduced a “100 Concrete Steps” Plan to make the country one of the top 30…

Arbitration clause, Assignment of arbitration clause, Bulgaria, International arbitration, International Commercial Arbitration

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The assignment of contractual rights is a common business practice. An important question concerning the assignment of rights under a contract is the fate of the arbitration agreement related to those rights and whether it is transferred automatically to the assignee so that such arbitration agreement becomes effective and binding in the relationship between the…

Arbitration institution, Arbitration Institutions and Rules, International arbitration, Interview, Interviews with Our Editors, Iran, TRAC

(Mihaela Maravela Law Office)/ /1 Comment

Welcome to the Kluwer Arbitration Blog, Mr. Rezvanian! We are grateful for this opportunity to learn more about the Tehran Regional Arbitration Centre (“TRAC”) and your experience with international arbitration in the region.   To start, can you briefly introduce yourself and explain your role at TRAC? My educational background is quite diverse. I have…

Arbitrability, India, Intellectual Property, Intellectual Property Rights

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Young ICCA

Introduction The juxtaposition of laws that seemingly operate in different domains has posed a continual challenge to arbitration – conventionally, in the form of concerns over arbitrability of disputes. Here, arbitrability connotes the notion that a dispute, by its nature, is capable of being adjudicated beyond public fora, through a private tribunal chosen by parties….

Canada, Class arbitration, Federal Arbitration Act (FAA), North America, UNCITRAL Model Law

(Osler Hoskin & Harcourt LLP) and / /Leave a comment

Introduction The United States and its neighbor to the north, Canada, share the world’s longest border, a common language, and similar values, resulting in one of the most stable and mutually beneficial international business relationships in the world. Indeed the United States is Canada’s largest trading partner, and Canada is the United States’ second largest…

Arbitration, Enforcement, Judicial intervention, Nigeria, Party autonomy

(The Law Crest LLP)/ /Leave a comment

Introduction Party autonomy is the underlining principle of arbitration. The courts ought to have it in mind whenever they are called upon to intervene in matters related to arbitration. The right of parties to resolve their dispute by arbitration must be upheld and given effect to. When the judiciary acts to give effect to this…

ISDS, Japan, Korea, Mediation, WTO

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

1. Complex Multi-faceted Tensions between Japan and Korea A media and geopolitical storm recently erupted after Japan introduced measures affecting exports to the Republic of Korea (Korea). Thunder sounded with Japan’s imposition of certification requirements on three chemicals needed by South Korean companies to make semiconductors, memory chips and displays for consumer electronics (the 4…

ISDS, Japan, Korea, Mediation, WTO

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

Our previous posting set out the background to the current trade tension between Korea and Japan. It outlined the possibility of Japan bringing claims under a 1965 Treaty that purported to settle claims resulting from Japan’s colonisation of Korea, or under two investment treaties, regarding Korean courts recently ordering Japanese companies to pay compensation to…

Arbitral Award, Arbitral seat, Arbitral Tribunal, Hungary, Set aside an arbitral award, Set aside an international arbitral award

(ESSEC Business School, Paris; Paragon Advocacy)/ /Leave a comment

As reported in earlier blog posts on the Kluwer Arbitration Blog, 1) See, e.g., Zoltán Novák, New Arbitration Act in Hungary, Kluwer Arbitration Blog, 15 October 2017; Alexandra Bognár, Hungary: Are Interim Measures Hard to Enforce?, Kluwer Arbitration Blog, 18 July 2017; Ioana Knoll-Tudor, The 2018 Hungarian Arbitration Act: Implications of the New Setting Aside…

Arbitration Agreement, Best practices, commercial litigation, Contract Drafting, Court of Appeal, Court Proceedings, National Courts, United States

, (Fitch Law Partners)/ /Leave a comment

Arbitration is often used to avoid the messy processes of national litigation, sometimes involving years of appeals and hearings. But when you want to attach property to support your arbitral award, that itself can result in years-long litigation, as in the case of Stemcor USA, Inc. v. Cia Siderurgica Do Para. The delays in the…

Arbitration, Commercial Arbitration, Commercial Law, English Law, Hybrid arbitration clause, Insolvency, party-appointed, Portugal, Romania, Switzerland, Third party funding

, (Gabriel Arbitration AG) and (Walder Wyss Ltd.)/ /Leave a comment

On 7-8 June 2019, the ninth (Romanian) National Conference on Commercial Law in Cluj-Napoca was organized by the Department for Company Law and Corporate Governance of the Law Faculty of the University Babeş-Bolyai in Cluj-Napoca (Romania), together with the Center for Commercial Law of the West University of Timişoara (Romania), supported by the Romanian National…

Arbitrability, CAS arbitration, Sport arbitration, Ukraine, Uncategorized

(Avellum)/ /Leave a comment

It is no secret that each sport has its rules of the game with appropriate sanctions for violating them. However, it may be new for someone that sports also have its own dispute resolution system. Almost every sports organization has its own internal dispute settlement bodies, whose decisions may be appealed to Court of Arbitration…

Australia, Empathy, Kluwer Mediation Blog, Mediation, Mediation Act, Mediator, Scotland, Singapore Mediation Convention, The Roles of the Mediator

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

“Listening conveys respect to the speaker, which in turn engenders respect for the listener. People who are respected because they listen will have more influence when they speak.” Bill Marsh in Don’t Sit On Your Ass[ets] – Part 2: The Arguments. Over the last couple of months, the Kluwer Mediation Blog has offered posts on…

Arbitration clause, Russia, Unilateral Clauses

(Baker & McKenzie LLP)/ /Leave a comment

Overview At the end of 2018, the Presidium of the Russian Supreme Court published its “Review of Cases Related to the Functions of Assistance and Control in Relation to Arbitration and International Commercial Arbitration” (“Review”). The 51-page Review was dedicated to issues that the Russian courts have faced while hearing cases arising from domestic and…

Colombia, Domestic Courts, Israel, Territory, Treaty

, (Zuleta Abogados)/ /Leave a comment

In June 2019, the Constitutional Court of Colombia (the “Court”) issued a communication summarizing its decision on the Free Trade Agreement between the Republic of Colombia and the State of Israel (the “FTA”) signed on September 30, 2013.  The Court adjudged that the FTA is compliant with the Colombian Constitution but warned that if the…

Africa, Appointment of arbitrators, Arbitral seat, Arbitration, Arbitration Awards, Interviews with Our Editors, Nigeria

(Equanimity Arbitration)/ /Leave a comment

Disputes, particularly arbitration, has been predominated by the old pale male. Diversity, though a hot topic, is something that the arbitration field is still striving to achieve. What many would like to see is that all people, male or female, are appointed whether as an arbitrator or a counsel based on their credentials. However, as…

Achmea, Bosnia and Herzegovina, Treaty, Uncategorized, VCLT, Vienna Convention on the Law of Treaties

(Association ARBITRI)/ /Leave a comment

The Effects of Achmea on the Prospective EU Member States  Much ink has been spilt on of the aftermath of the CJEU Achmea decision which has turned the world of arbitration on its head. In-depth analysis and commentary were previously featured on the Kluwer Arbitration Blog as well. Following the decision of the CJEU and…

Arbitration Agreement, Brazil, Consent, Public Policy, Subrogation

, (BMA Advogados)/ /Leave a comment

In a landmark decision rendered on May 15, 2019, the Brazilian Superior Court of Justice rejected the argument that transmission of an arbitration agreement via subrogation violated public policy. The Court thus gave full effect in Brazil to a foreign arbitral award resulting from a transmitted arbitration agreement. The decision sets the “law of the…

Adjudication, ADR Clauses, Arbitration, Arbitration Agreement, Australia

(Australian National University)/ /1 Comment

For the first time, the High Court held in its decision in the Rinehart dispute that the ordinary principles of contractual interpretation must be applied when interpreting the scope of arbitration clauses. While this approach is consistent with modern contractual interpretation, it may deter parties from selecting Australian law to govern arbitration agreements. This post…

CIAMA, Maritime Arbitration, MENA, Middle East, Morocco

(Université Paris 1 Panthéon-Sorbonne)/ /Leave a comment

As the backbone of globalization, the shipping industry is at the heart of cross-border transportation networks that support supply chains and facilitate international trade. In the MENA region, the maritime sector is a significant industry. In order to manage the rise in foreign trade, both governments and the maritime industry have increased investment into the…

Arbitration, Arbitration Proceedings, Artificial Intelligence, Efficiency, Finland, GDPR, International arbitration, National Courts

(The Arbitration Institute of the Finland Chamber of Commerce) and (The Finland Arbitration Institute (FAI))/ /Leave a comment
Finland Arbitration Institute (FAI)

On 23 May 2019, the Arbitration Institute of the Finland Chamber of Commerce (FAI) hosted the 15th IFCAI Biennial Conference in Helsinki. The International Federation of Commercial Arbitration Institutions (IFCAI) organises the “IFCAI Biennial Conference” every two years in cooperation with an IFCAI member arbitration institution. This year it was hosted by the FAI in lieu…

China, Hong Kong, Interim measures, interim relief

(Zhong Lun Law Firm)/ /Leave a comment

Introduction On April 2, 2019, the Supreme People’s Court (“SPC”) and the Department of Justice (“DOJ”) of the Hong Kong Special Administrative Region (“HKSAR”) signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (“Arrangement”). This…

China, Hong Kong, Interim measures, interim relief

(Zhong Lun Law Firm)/ /Leave a comment

In Part I of this post I discussed how the Arrangement excluded ad-hoc arbitration and how it raised certain issues on jurisdiction of the courts. In Part 2, I discuss other aspects of the Arrangement.   Interaction between Arrangement and CICC The interaction between the Arrangement and the China International Commercial Court (“CICC”) is also…

Concession Agreement, Construction, Corruption, Dispute Resolution Boards, Energy, Evidence, Investment, Investor duties, Latin America, Social license

(Reed Smith) and (Morgan & Morgan Legal)/ /Leave a comment

The Latin Lawyer – GAR Live 3rd Annual Arbitration Summit took place on Tuesday, April 30, 2019 (the “Summit”). Practitioners from the United States and Latin America gathered for a third consecutive year in Miami to discuss the importance of dispute boards in constructions contracts, the issue of social licenses, the challenges facing the energy…