Jurisdiction

Australia, BIT, Indonesia, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, ISDS, ISDS Reform

(TSMP Law Corporation)/ /Leave a comment

The signing of the Indonesia-Australia Comprehensive Economic Partnership Agreement (“IACEPA“) on 4 March 2019 marked an important milestone for both States (as covered in a post earlier this week). Given that both Indonesia and Australia have their reservations on investor-state dispute settlement (“ISDS“) processes, it is interesting to see that the IACEPA contains a chapter…

Arbitral seat, Asia-Pacific, China, Hong Kong, Interim measures, interim relief, Singapore, South Korea

(Kim & Chang) and / /1 Comment

Introduction On 2 April 2019, the Supreme People’s Court and the Government of the Hong Kong Special Administrative Region announced the signature of 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 announcement as…

Attribution, Australia, BIT, Indonesia, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, ISDS, ISDS Reform

(Australian National University)/ /3 Comments

Last month, Australia and Indonesia signed the Indonesia-Australia Comprehensive Economic Partnership Agreement (‘IA-CEPA’), containing in Chapter 14 provisions related to the protection of foreign investments. Negotiations of an IA-CEPA were initially announced in 2010, and formally began in September 2012. The negotiations were thereafter suspended, but relaunched in March 2016. Signature and ratification of the…

Arbitration institution, Arbitration Institutions and Rules, Austria, Interview, Interviews with Our Editors, VIAC

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

Ms. Fremuth-Wolf, thank you for joining us on the Kluwer Arbitration Blog!  We know that spring is a busy time for the arbitration community in Vienna and we are grateful to have the opportunity to share your unique perspective with our readers, particularly as Vienna International Arbitral Centre (VIAC) undertakes important steps to establish itself…

Arbitration institution, KCAB, South Korea

(Bae, Kim & Lee LLC)/ /Leave a comment

Sometimes described as “a shrimp among whales,” Korea is situated between China to the west and Japan to the east. Historically, the ambitions of the two large, neighboring countries—and, in more recent times, other larger powers—have sometimes threatened to overwhelm or subsume Korea. Indeed, during the Cold War, the political maneuverings of global powers divided…

Cybersecurity, Data Protection, India

/ /1 Comment

  For a country with a significant corpus of the world’s personal data, India’s data protection framework is notoriously deficient. Improperly scoped, imprecisely drafted, and with no real enforcement culture, the extant framework1)as contained within the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information)…

Appointment of arbitrators, Arab World, Fork in the road, Indonesia, Investor-State arbitration, Libya, MENA, Middle East, PCA, Permanent Court of Arbitration

(Paris I Panthéon-Sorbonne University)/ /5 Comments

On 27 March 2017, the Secretary-General of the Permanent Court of Arbitration (“PCA“) designated an appointing authority in an OIC arbitration by applying the UNCITRAL Arbitration Rules, despite the absence of any reference to these Rules in the OIC Agreement. This decision, which concerns a pending case, DS. Construction v. Libya , could mark the…

Brexit, EU Withdrawal Act, European Law, European Union, Intra-EU BIT's, Micula

(Iordache Partners)/ /Leave a comment

Introduction It has by now become amply clear that nothing truly prepares the jurist for an analytical maze run of predicting the effects of Brexit. In some way, it reminds one of “Nebel des Krieges”, the “fog of war” faced by military decision makers once on the battlefield. The best you can hope for is…

Amparo, Arbitration, Guatemala

(Universidad Francisco Marroquín)/ /Leave a comment
Young ICCA

The amparo is a constitutional action available in several Latin American countries by means of which a person can request the protection of her fundamental rights when an authority has violated or threatened to violate them.  Because of the amparo’s broad scope, it can be used as a guerrilla tactic in many of those jurisdictions,…

Arbitration, Arbitration Awards, Enforcement, New York Convention, Philippines

and (Science Po)/ /Leave a comment

On the 60th year of the signing of the New York Convention, the Philippines’ Supreme Court, for the first time, declared its adoption of a narrow definition of “public policy” under the said convention. In Mabuhay Holdings Corporation v Sembcorp Logistics Limited, G.R. No. 212734, 5 December 2018, it held that “[m]ere errors in the interpretation of…

Arbitration Agreement, China, kompetenz-kompetenz, PRC

(Arnold & Porter) and / /Leave a comment

Introduction Parties to international commercial transactions not infrequently find themselves in disputes over whether a valid arbitration agreement exists between them or whether a court or an arbitral tribunal has the jurisdiction to hear this issue. These situations are especially perplexing because – despite the general international acceptance of the “kompetenz-kompetenz” doctrine – national laws…

Brazil, India, Kluwer Mediation Blog, Mediation, Singapore, Singapore Convention on Mediation

(Centre for Commercial Law Studies, Queen Mary University of London)/ /2 Comments

“Conversation – respectful, engaged, reciprocal, calling forth some of our greatest powers of empathy and understanding – is the moral form of a world governed by the dignity of difference.” Lord Rabbi Jonathan Sacks, The Dignity of Difference, quoted by Ian Macduff in “Signs of hope” Following on from yesterday’s post, this second post offers…

Achmea, Energy Charter Treaty, European Union, Intra-EU ISDS

/ /Leave a comment

The Lisbon Treaty granted to the EU the competences on Foreign Direct Investment (FDI). The exercise of those competences on FDI has not been smooth in the area of Investor-to-State Dispute Settlement (ISDS), in particular, regarding the application of ISDS between a Member State and the investor of another Member State either whether those ISDS…

Enforcement, India, Investment Arbitration

(National Law School of India University)/ /3 Comments

Introduction The Delhi High Court’s recent judgment in Union of India v. Khaitan Holdings (Mauritius) marks the third instance of an Indian court adjudicating upon issues related to arbitration under an international investment treaty. Within these three judgments, courts have fundamentally disagreed on a crucial point – the applicability of the Arbitration and Conciliation Act,…

Azerbaijan, Domestic arbitration, Enforcement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law

(ICC)/ /1 Comment

I address the regulation and practice of arbitration in Azerbaijan, a topic which has not been discussed widely on an international level. While there is a significant uniformity in international arbitration legislations around the world due to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (hereinafter the “New York Convention”) and…

China, HKIAC, Interim measures

, , , , (Fangda Partners)/ /Leave a comment

In a significant development for the region, Mainland China and Hong Kong have announced a bilateral arrangement by which the Chinese courts will now recognise and enforce interim measures in support of institutional arbitration seated in Hong Kong (the “Arrangement”).1) Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the…

ADR, Arbitration institution, Arbitration Institutions and Rules, International Institute for Conflict Prevention and Resolution (CPR), Interview, Interviews with Our Editors, United States

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

Mr. André, welcome to the Kluwer Arbitration Blog. We were pleased to have Mr. Hanft join us recently and are thrilled to have the opportunity to also share your perspective with our readers.  To start, can you briefly introduce yourself and explain your role at CPR? Thank you very much for the invitation Kiran.  At…

Hong Kong, Investment Arbitration, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS, ISDS Reform

(Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

The year of the pig was off to a good start in Hong Kong at the Investor-State Dispute Settlement (ISDS) Reform Conference organised by the Hong Kong Department of Justice and the Asian Academy of International Law on 13 February 2019. Like the fabled pig, ISDS reform has been slow in coming, and the aim…

Arbitration, arbitrator-party relationship, Arbitrators, arbitrators’ conduct, Lex Arbitri, Liability, Switzerland

(Ellex Valiunas )/ /Leave a comment
Young ICCA

Without any doubt, international commercial arbitration found its place in the system of international dispute settlement. Many natural and legal persons choose to solve their disputes via the means of arbitration and in most of the cases arbitration is international in many aspects: Parties are from different countries, arbitrators are of different nationalities, sitting in…

Construction, Construction arbitration, Russia

(Karimullin Law Firm)/ /Leave a comment

Unlike some Western arbitration institutions which enacted institutional arbitration rules dedicated to construction disputes, such as the 2015 American Arbitration Association (AAA) Construction Industry Arbitration Rules, to date, the leading Russian arbitration providers have not developed any specific rules for construction-related disputes. However, such disputes hold rather high positions in the caseload, with a peak…

Arbitration, Arbitrators, Belgium, UNCITRAL Model Law

/ /Leave a comment

Background The Dutch-speaking division of the Brussels Enterprise Court has been understaffed in recent years. On 5 February 2019, the Court’s president issued a press release (here) revealing rather troublesome news that, imminently, the Court will comprise only six full time judges and hearings will be delayed by some two years. The Brussels Enterprise Court is…

Arbitration, Arbitration Awards, Nigeria, Third party funding

(The University of Adelaide)/ /Leave a comment

Matters Arising on Proposed Changes to Arbitration Law in Nigeria In February 2018, the Senate of the Federal Republic of Nigeria passed the much-anticipated Arbitration and Conciliation Act (Repeal and Re-Enactment) Bill 2017 (‘Bill’). Since then, the Bill has been pending before the House of Representatives (HoR) of the Federal Republic of Nigeria, the second…

BAC, China, CIETAC, CIETAC Investment Arbitration Rules, ICSID Arbitration, ICSID Convention, Investment Arbitration, SIAC Investment Arbitration Rules, UNCITRAL Arbitration Rules, UNCITRAL Transparency Rules

(Erasmus University Rotterdam)/ /Leave a comment

Overview On 11 February 2019, Beijing Arbitration Commission/Beijing International Arbitration Center (‘BAC/BIAC’) launched its draft of ‘Beijing Arbitration Commission/Beijing International Arbitration Center International Investment Arbitration Rules’ (the ‘BAC Rules’) for public comments, comprised of its main text and six appendixes. The BAC Rules are the second investment arbitration rules promulgated by a Chinese international arbitration…

ADR, Arbitration institution, Arbitration Institutions and Rules, International Institute for Conflict Prevention and Resolution (CPR), Interview, Interviews with Our Editors, United States

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

Mr. Hanft, welcome to the Kluwer Arbitration Blog!  I appreciate the opportunity to share your perspective with our readers at an exciting moment, where conversations about politics, diversity, and technology are intersecting and transforming the way globalized corporations and their lawyers conceive of and approach dispute resolution.   Before we delve in, can you briefly introduce…