Jurisdiction

Financial Services Arbitration, Mediation, Shanghai, SHIAC, Singapore International Mediation Centre

, (Shanghai International Arbitration Center)/ /Leave a comment
Shanghai International Arbitration Center (SHIAC)

Arbitration is often used to resolve financial disputes in China. For example, China’s financial regulation organs, i.e., People’s Bank of China, China Securities Regulatory Commission, China Insurance Regulatory Commission and China Banking Regulatory Commission, each have made efforts in promoting the use of arbitration in their regulated areas of business. Data released by the Ministry…

CRCICA, Egypt, Interviews with Our Editors, MENA, Middle East

(Dentons & Co, Dubai)/ /Leave a comment

Dr Ismail Selim, thank you for joining us on the Kluwer Arbitration Blog! We are grateful to have the opportunity to share your unique perspective with our readers.   1. Could you give our readers a brief introduction to yourself and your route to becoming Director at CRCICA? I graduated from Cairo University in 1997…

Africa, Arbitral seat, Arbitrators, Courts, International arbitration, Interviews with Our Editors, National Courts

(Equanimity Arbitration)/ /Leave a comment

A common concern for parties when opting for an African country as a seat of arbitration is the extent of judicial intervention in the arbitration. Whilst certain African national courts have swayed back and forth between exercising sovereignty and upholding party autonomy in arbitration there is a positive inkling that African national courts are more…

Hong Kong, International Commercial Arbitration, Interpretation of Contracts, Scope of an arbitration agreement, Shareholders Agreement

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Introduction In the recent Hong Kong decision of Dickson Holdings Enterprise Co Ltd v. Moravia CV and Others [2019] HKCFI 1424, the court considered whether the arbitration agreement contained in the parties’ shareholders’ agreement covered disputes arising from any affairs of the company. As elaborated below, the decision is instructive for how similar arbitration agreements…

Arbitration, arbitrators’ conduct, Code of best practices, Conflicts of interest, Diversity, Duty to Disclose, Spain

(Mihaela Maravela Law Office) and (GIN Platform Blockchain Infrastructure)/ /1 Comment

In June 2019, the Spanish Arbitration Club (“CEA”) launched a new Code of Best Practices in Arbitration (the “Code”). This post briefly describes the scope of the Code and provides insights on the specific best practices proposed by CEA. The initiative is commendable, as it reflects the CEA community experience and tackles hot topics in…

BIT, Chile, Free Trade Agreements, Investment protection, Investment Treaties

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Chile is one of the most dynamic states in Latin America.  The World Bank has observed that “Chile has been one of Latin America’s fastest-growing economies in recent decades”.  And foreign direct investment has increased significantly in recent years.  As investment interest in Chile grows, it is important for both investors and international law practitioners…

India, Public Policy, Set aside an international arbitral award

(Kachwaha & Partners) and (Permanent Court of Arbitration)/ /Leave a comment

The decision of the Supreme Court of India (“SC”) in Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India (NHAI) (“Ssansyong”), has led to three notable developments: (1) it clarifies the scope of the “public policy” ground for setting aside an award as amended by the Arbitration and Conciliation (Amendment) Act 2015…

Belt Road Initiative, Central Asia, China, Investment Arbitration

(The George Washington University Law School)/ /1 Comment

Background Since its announcement in 2013, China has invested more than US $120 billion into the target countries along the Belt and Road Initiative (“BRI”) on infrastructure projects ranging from ports and railroads to pipelines. Central Asia will become part of nearly the entire major trade corridor identified under the BRI. Hence the BRI presents…

Colombia, Domestic Courts, France, Latin America

, (Zuleta Abogados)/ /Leave a comment

In June 2019, Colombia’s Constitutional Court (the “Court”) issued a communication informing its decision on the constitutionality of the BIT between Colombia and France (the “BIT”) signed on July 10, 2014. In an unprecedented decision, the Court adjudged that the BIT is compliant with the Colombian Constitution (the “Constitution”) but conditioned its ratification to the…

China, Enforcement, Enforcement of an award that was set aside, Hong Kong, Macau, Set aside an arbitral award, Stay of Proceedings, Taiwan

(Arnold & Porter) and / /Leave a comment

Introduction In international arbitration, winning an award is not the end of the story.  Instead, a favorable business outcome depends on successful enforcement of the award in the jurisdiction(s) where the opponent’s assets are situated.  Unfortunately for the winning party, the losing party may delay or even avoid enforcement by raising challenges and instigating proceedings…

Foreign arbitral awards, Foreign Dispute, Foreign seat, India, Seat of the arbitration

(National Law University, Delhi) and (National Law University Delhi)/ /2 Comments

The question whether two Indian parties can choose a foreign seat of arbitration has become far too obfuscated with some recent judicial pronouncements. This article seeks to argue that the scheme of Indian Arbitration and Conciliation Act (“Act”) itself does not permit it. In India, enforcement of arbitral awards is covered in two parts under…

Arbitration institution, CICA, Costa Rica, Interview, Interviews with Our Editors, Latin America

(Locke Lord LLP) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

Welcome to the Kluwer Arbitration Blog, Ms. Sauma!  We are grateful for this opportunity to learn more about the International Center for Conciliation and Arbitration (“CICA” for its initials in Spanish), which is celebrating its twentieth anniversary this year (congratulations!), as well as about the dynamic alternative dispute resolution environment of Costa Rica.  Thank you…

Central Asia, Enforcement, ICCA, Kyrgyzstan, Set aside an arbitral award

(Oon & Bazul LLP)/ /Leave a comment

Although Central Asia has geostrategic importance in Asia, the Middle East, and Europe as the heart of the ‘Silk Road’, the Kyrgyz Republic in Central Asia1)Central Asia consists of 5 countries (Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, and Turkmenistan) and Kyrgyzstan is a landlocked nation bordered by China, Kazakhstan, Uzbekistan and Tajikistan. has remained relatively unknown, especially…

Arbitration, Arbitration Proceedings, International arbitration, Investment Arbitration, Switzerland, Third party funding

(Gabriel Arbitration AG) and (University of Belgrade)/ /Leave a comment

Prof. Dr. Jelena Perović, from the University of Belgrade (Serbia) and Dr. Nataša Hadžimanović, from Gabriel Arbitration (Zurich, Switzerland), launched the Round Table on Arbitration in 2018 as a forum to discuss controversial issues, share experiences and highlight new trends in arbitration. The 2nd Round Table on Arbitration took place in the magnificent rooms of…

Jurisdiction, Jurisdictional challenge, Singapore Court of Appeal, UNCITRAL Model Law

(Drew & Napier)/ /Leave a comment
YSIAC

Art 16(3) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) provides that if a tribunal issues a preliminary ruling that it has jurisdiction, a respondent may appeal the tribunal’s ruling to the relevant court within 30 days. Can a party who loses a jurisdictional challenge still set aside the final award for…

Africa, Arbitral seat, Arbitration, Arbitration Proceedings, BIT, ICSID, ICSID Proceedings, Investment Arbitration, Investment Treaties, Tanzania

(Equanimity Arbitration)/ /Leave a comment

In September 2018, Tanzania took the international arbitration community by surprise when it issued its notice of its intent to terminate the Agreement on Encouragement and Reciprocal Protection of Investments between Tanzania and the Netherlands which was set to expire on 1 April 2019 (Netherlands BIT). Article 14 (2) of the Netherlands BIT provides that…

Arbitral seat, Asia-Pacific, Belt Road Initiative, China, Hong Kong, ICC

(Queen's University Faculty of Law)/ /2 Comments

After facing one of the largest protests in the city’s history on June 9, and then repeated protest and clashes with police last Wednesday, the Hong Kong government suspended efforts to pass its extradition bill. The bill would have required the city’s judges to extradite criminal suspects to Mainland China with minimal safeguards and facilitated…

Conflict prevention, International arbitration, International dispute resolution, Latin America, Trade and investment agreements

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International trade and investment arbitration in Latin America has come a long way over the last two decades as discussed in the book Trade Agreements, Investment Protection and Dispute Settlement in Latin America.  More recently, new generation trade and investment agreements entered into by Latin American states have progressively included innovative dispute resolution mechanisms, shaping…

Arbitrability, Deposits, India

(Jindal Global Law School)/ /1 Comment

The Indian Supreme Court recently in M/s Icomm Tele Ltd. vs. Punjab State Water Supply & Sewerage Board,  (“Icomm”), struck down a clause in an arbitration agreement as unconstitutional. The clause mandated a pre-deposit of 10% of the amount claimed in the arbitration proceeding. The Court found this clause to be arbitrary and resulting in…

Challenge of Arbitral Award, China, Enforcement, Jurisdiction, Jurisdiction of the arbitral tribunal, Jurisdictional challenge, KCAB

(Kim & Chang)/ /Leave a comment

Introduction In March 2019 China’s Tianjin 1st Intermediate Court (“Tianjin Court”) rendered a decision dated 4 March 2019 (2018 Jin-01-Xie-Wai-Ren No. 1), granting an application for recognition and enforcement of a foreign arbitral award rendered by a sole arbitrator under the rules of the Korean Commercial Arbitration Board (“KCAB”). The decision reflects an increasing trend of…

Arbitration Agreement, India, Null and void

and (Shardul Amarchand Mangaldas & Co.)/ /Leave a comment

What is the meaning of “existence”? While theologians and philosophers continue to debate this endlessly, this metaphysical question has also concerned Indian arbitration law, specifically Section 11(6A) of the Arbitration & Conciliation Act, 1996 (“Act”). It was thought that the scope of a court’s intervention when appointing an arbitrator was solidified via the 2015 Amendment…

Arbitration Agreement, India, Null and void

(Shardul Amarchand Mangaldas & Co.) and / /4 Comments

In Part I of the post, we discussed the position of law on the “existence” test under Section 11(6A) of the Act. In Part II, we aim to provide context to the developments relating to the provision and understand the larger picture of the judicial trend. But first, on the basis of the decisions discussed…

Greece, Public Policy, Recognition and enforcement of arbitral award

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A recent court judgment confirms enforceability in Greece of a US judgment awarding USD 10 million in punitive damages  The Judgment no. 722 of 2019 of the Single Member Civil Court of Piraeus paves the way to a more permissive approach as regards the enforceability of foreign court judgments and arbitral awards on punitive damages…

Enforceability, India, Multi-tiered clauses

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Modern day arbitration agreements usually contain provisions that require parties to take certain steps before the commencement of arbitration. Such clauses, often described as “multi-tiered” clauses, set out a sequence for invoking the arbitration agreement. Typically, pre-arbitration steps include procedures such as time-bound mediations, amicable settlements, cooling-off periods, and other forms of non-binding determinations. Despite…