Jurisdiction

2018 In Review, Austria, DIS, Germany, HKIAC, ICC, ICC Arbitration, ICC Rules, SCC, SIAC, VIAC

(Hogan Lovells)/ /Leave a comment

As worldwide competition amongst arbitral institutions continues, the Europe-based arbitral institutions have, thus far, been able to defend their strong market position. Currently, the International Chamber of Commerce (ICC), with its base in Paris, continues to stand out globally as the most preferred institution by a significant margin (77%). It is followed by the London…

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

(Clyde & Co.)/ /Leave a comment
Clyde & Co.

At the risk of mixing metaphors, if Achmea (Slovak Republic v Achmea Case C-284/16) killed intra-EU investor-state arbitration, and the European Commission’s Communication COM(2018)547/2 of 19 July 2018 knocked the head off its zombie corpse, then the Declaration of the Representatives of the Governments of the Member States of 15 January 2019 on the legal…

2018 In Review, Astana International Financial Centre, Central Asia, China, Commercial Courts, Enforcement, HK Arbitration Week, HKIAC, HKIAC Rules, Mediation, Singapore, Singapore Mediation Convention, Third party funding

(Simmons & Simmons)/ /Leave a comment

As the end of the Year of the Dog approaches, we look back at five noteworthy developments in the arbitration world in PR China, Hong Kong and Central Asia and their coverage on our Blog. 1. New HKIAC Arbitration Rules and the Prominence of Hong Kong as an Arbitral Seat Hong Kong International Arbitration Centre…

Anti-suit injunction, Arbitration, Arbitration Proceedings, Egypt, Enforcement

(Shehata & Partners, Maastricht University)/ /1 Comment

In May 2018, the Cairo Court of Appeals issued an intriguing judgment concerning the enforcement of an arbitral interim measure. In the words of the Court, the arbitral tribunal has issued a procedural order against Damietta International Ports (“DIP”) ordering the latter to refrain from suing the guarantor bank regarding the liquidation of a letter…

2018 In Review, Arbitration, Australia, Investment Arbitration, Investment Treaties, ISDS, ISDS Reform, New Zealand

(Australian National University)/ /Leave a comment

Last year was a busy one for arbitration practitioners in Australia and New Zealand, and 2019 looks set to be even busier. In 2018, both countries initiated a range of arbitration reforms, initiatives and negotiations which give insights into the likely general direction of travel for both countries in the coming year. This post focusses…

Investment, Investment Arbitration, MENA, Middle East, Organization of Islamic Cooperation, Qatar

(DWF (Middle East) LLP)/ /Leave a comment
Young ITA

Young ITA has organised over fifteen successful events this year all over the world including in Sao Paolo, Buenos Aires, Guatemala City, Miami, Washington DC, New York City, London, and India. The first Dubai Young ITA talk took place on Wednesday 5 December 2018. The event hosted by Vinson & Elkins featured two panel discussions…

Arbitrators, United Arab Emirates

(University of Sharjah (UAE))/ /Leave a comment
Young ICCA

As a development in the arbitration scene and as a bid to attract investment, the UAE modified article 257 of its Penal Code so as to exclude arbitrators from its coverage (Federal Code No. 24 of 2018). The old version of article 257 of the UAE Penal Code (as had been introduced by Federal Code…

2018 In Review, Africa, Arbitral seat, Arbitration, Arbitration Agreement, Arbitration institution

(Equanimity Arbitration)/ /Leave a comment

The year of 2018 has seen arbitration as a dispute resolution forum in the resource rich continent of Africa pendulum between boosting countries in the region as a seat of arbitration and reinforcing court sovereignty in disputes. The year began with optimism in the wake of the OHADA reforms. In late 2017, the Organization for…

2018 In Review, Achmea, Europe, European Commission, International Investment Arbitration, Intra-EU BITs, Investment, Investment Arbitration, Investment protection, ISDS Reform

(Colibra Insurance)/ /Leave a comment

Very rarely would a single arbitration-related decision produce as significant an impact as the judgment of the Court of Justice of European Union (“EU” and “CJEU” respectively) in the Achmea case did during 2018. We should not doubt that Achmea will remain a cornerstone issue in the world of arbitration for a long period of…

Belt Road Initiative, BIT, China, Investment agreements, Investment Arbitration, Investment Treaties, Investor-State arbitration, ISDS, ISDS Reform

(Southwest University of Political Science and Law, Chongqing, China)/ /Leave a comment

In 2013, China proposed to jointly build the “Belt and Road” Initiative. While the international investment agreements (“IIAs”) proposed to be concluded with China and its counterparties along the “Belt and Road” will provide a robust source of potential investor protections, they must be easily understood among investors, states, and international tribunals. IIAs, as the…

Achmea, BIT, Hungary

(ESSEC Business School; Paragon Advocacy) and (Pázmány Péter Catholic University, Budapest)/ /2 Comments

On 17 December 2018, the Prime Minister of Hungary issued a decision entitled “Decision authorizing the conclusion of an Agreement to terminate bilateral agreements on encouragement and reciprocal protection of investments concluded between governments of certain Member States of the European Union”1)see also  here at p. 35105. The rather succinct Decision confirms the Prime Minister’s approval…

Admissibility, Enforceability, Multi-tiered clauses, Pakistan, Pre-arbitral procedure

(Cornelius Lane & Mufti)/ /Leave a comment
Young ICCA

Pre-arbitration procedural requirements come into operation before the commencement of arbitration proceedings where parties have agreed on a multi-tiered dispute resolution mechanism. They are especially common in construction and engineering contracts. The Islamabad High Court (IHC) in Pakistan has addressed issues related to the nature of these requirements and consequences of non-compliance in its recent…

Confidentiality, Hong Kong

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

Confidentiality is frequently promoted as a key advantage of international arbitration.  It preserves the information exchanged in the arbitration proceedings and prevents the parties from disclosing information relating to the arbitration.  The extent of confidentiality afforded to the parties varies from jurisdiction to jurisdiction.  In certain jurisdictions, the law does not recognise the concept of…

Arbitrability, Arbitration Awards, China, ICDR, Recognition and enforcement of arbitral award, Tax

(Xiamen Intermediate People's Court of People's Republic of China)/ /Leave a comment

On 12 June 2018, the Xiamen Intermediate People’s Court of PRC (“Court”), in Subway International B.V. v Xiamen Woguan Enterprise Management Co., Ltd, upheld an ICDR award made by sole arbitrator Charles J. Moxley Jr., Esq.1)The author would like to thank Judge Chen Yanzhong of Xiamen Maritime Court for his comments on the earlier drafts of…

Canada, European Union, Latin America, Mexico, NAFTA, USMCA

(IÉSEG )/ /Leave a comment

On Friday December 7th, a distinguished panel of government negotiators, experienced investment arbitrators and senior legal advisors gathered in Paris at the law faculty of the University Paris II Panthéon-Assas (Paris II) to discuss the US-Mexico-Canada Trade Agreement (USMCA) also called the “New NAFTA” signed on November 30th. The panel was held as part of…

India, Limitation period, Set aside an arbitral award

/ /1 Comment

INTRODUCTION It is fairly known that the Indian Limitation Act, 1963 (the Limitation Act) constitutes “general law” for Time Periods and its computation. Section 29(2) of the said Act contains the fundamental rule that provisions of Limitation Act would apply for computation of time period prescribed by any special law only to the extent it…

Arbitrability, Arbitration Agreement, India, kompetenz-kompetenz

, (National Law University, Jodhpur)/ /Leave a comment

Section 16 (1) of the Arbitration and Conciliation Act, 1996 [“the Indian Act”] confers power upon the arbitral tribunal to decide on matters relating to its jurisdiction. Under section 16 (5), a decision accepting the plea of lack of jurisdiction shall be an appealable order; while decision rejecting the same plea can be challenged only…

Appeal, Awards, Brazil, Brazilian Arbitration Act, Queen Mary- White & Case Survey

(Quinn Emanuel Urquhart & Sullivan UK LLP) and , (Andrade & Fichtner Advogados)/ /Leave a comment

Recently, the 2018 White & Case International Arbitration Survey confirmed London, Paris, Singapore, Hong Kong, Geneva, New York and Stockholm as the most in-demand places for arbitration in the world. Brazil is well represented by São Paulo – the economic hub of the country – which occupied eighth place in the overall ranking. This result…

Appeal, Arbitration, BIT, Crimea, India, ISDS, Russia, Switzerland, Ukraine

(von Segesser Law Offices)/ /Leave a comment

In a marked departure from its usual closed-doors policy, the Swiss Federal Supreme Court (the “Supreme Court”) recently held public deliberations in two separate appeal proceedings concerning foreign investment arbitrations. In both cases, a public deliberation by all five judges of the first civil chamber was necessitated due to the lack of unanimity among the…

Africa, Appointment of arbitrators, Arbitration, ICC, ICC Arbitration, Latin America, São Paulo

(University of Aberdeen )/ /Leave a comment

The endeavours of the ICC go beyond the definition of an arbitration institution; it is indeed one of the most important agents of cultural integration, incubator of diversity and best arbitration practices. 1)Stavros Brekoulakis, The Culture in International Arbitration: Integration or Fragmentation?, CBAr Conference, Salvador Bahia, 18 September 2018 A true manifestation of this is the…

Arbitral seat, Hong Kong, Singapore

(Gary Benton Arbitration)/ /1 Comment

Hong Kong v. Singapore. It’s not the next big football match or title of an upcoming Japanese monster film. It’s the question of where to bring international arbitration claims in Asia. It’s a topic whispered at cocktail receptions and routinely reserved for hushed discussion in law firm conference rooms. It’s the topic rarely if ever…

Annulment, Corruption, Illegality, Paraguay, Public Policy

(FERRERE Abogados)/ /Leave a comment

In a decision from June 6, 2018, the Third Chamber of the Paraguayan Court of Appeal (the “Court”) decided an annulment application, recognizing that issues of illegality and corruption are arbitrable, as long as such decision does not imply the imposition of sanctions, something that is left to the local criminal courts1)Recurso de Nulidad interpuesto…

Arbitration Awards, Argentina, Award Scrutiny, Awards, Previous decisions, State

(Wilmer Cutler Pickering Hale and Dorr LLP) and (Bruchou, Fernández Madero & Lombardi)/ /Leave a comment

Arbitration in Argentina is finally finding its way to certainty. On 4 July of this year, Argentina passed the International Commercial Arbitration Act, based on the UNCITRAL Model Law. Furthermore, Argentinian domestic courts have recently handed down arbitration-friendly decisions. In this regard, a new judgment just been issued by the Argentine Federal Supreme Court of…

Africa, BIT, Tanzania

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

In 2014, Tanzania was identified as the top destination for foreign direct investment in East Africa by the United Nations Conference on Trade and Development (“UNCTAD”). Between 2011 and 2013, the country signed five new Bilateral Investment Treaties (“BITs”). With these, it would seem like the country is opening up and attracting foreign investors. However,…