Jurisdiction

Appointment of arbitrators, India, Judicial intervention

(Law Chambers of Kapur & Trehan)/ /1 Comment

Introduction Section 11 of the Arbitration and Conciliation Act of India, 1996 (the Act), demonstrates in detail the procedure for appointment of arbitrators. It empowers the court to examine the existence of an arbitration agreement while deciding the application for such appointment. The gravity and significance of such proceedings is vast, in both domestic and…

Arbitration, Arbitration Awards, Arbitration Proceedings, Enforcement, International arbitration, Investment Arbitration, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, United States

(Albright StoneBridge Group)/ /Leave a comment

The decision made in the case of Hardy Exploration & Production (India), Inc. v. Government of India, Ministry of Petroleum & Natural Gas (Civ. Action No. 16-140 (D.D.C. 7 June 2018)) (“Hardy case”) is yet another decision in a string of outcomes under the New York Convention proving that the repeated adagio “if it ain’t broken,…

2018 In Review, Enforcement, Enforcement of an arbitration clause, Federal Arbitration Act (FAA), New York, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, SCOTUS, technology industry, U.S. Supreme Court, United States, USMCA

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

As we head into the new year, it is worth reflecting on major international arbitration-related developments in the United States during 2018 and their coverage on the blog.   Early in the year, our authors homed in on the U.S. Federal Arbitration Act (FAA), which embodies U.S. arbitration law, including the New York Convention.  As…

Arbitration, Arbitration Agreements, Domestic Courts, ICC, ICC Arbitration, ICC Rules, Kuwait, Third party funding, UNCITRAL, UNCITRAL Arbitration Rules, UNCITRAL Model Law

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On 6 November 2018, the ICC, in collaboration with Al Tamimi & Company, hosted the first Kuwait Arbitration Day. This involved practitioners from across the Middle East and beyond coming together and discussing the latest developments and trends within arbitration. The event attracted over 100 participants who attended despite the day being announced as an…

Arbitration institution, Efficiency, ISDS, ISDS Reform, KCAB, South Korea

(Kim & Chang)/ /Leave a comment

Last month, Seoul was once again brimming with eminent arbitrators and arbitration counsel, and leading alternate dispute resolution practitioners from around the world who had come to attend the Seoul ADR Festival 2018 – a much sought-after yearly event which has grown remarkably in scope and significance since it was first organized in 2015.1)This article…

Appointment of arbitrators, Arbitrator Challenges, Counsel, Counsel conduct, Disclosure, Dubai, ICC, International arbitration, International Arbitration Procedures, MENA, Middle East, UAE Federal Arbitration Law, UNCITRAL Model Law, United Arab Emirates

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

Participants at this year’s Dubai Arbitration Week gathered for the ICC conference hosted by Al Tamimi & Co on 14 November 2018. The conference featured a lively roundtable discussion on the subject of “Arbitrator Disclosure – Local Flavour or International Standards?” chaired by Nadia Darwazeh. The panel comprised practitioners from across the MENA region and…

Africa, Arbitration, Arbitration Agreement, Arbitration clause, Arbitration institution, Dubai, UAE Federal Arbitration Law, UNCITRAL Model Law, United Arab Emirates

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Since the inaugural programme in 2014, arbitration practitioners from the MENA region and beyond have come together to share and discuss recent developments in the field of international arbitration during the Dubai Arbitration Week, an annual event that takes place in November. Dubai Arbitration Week 2018 was no exception. It was full of seminars, conferences,…

BIT, ICSID, Investment Arbitration, ISDS Reform, Latin America, USMCA

(Concepción Global, PLLC, Universidad Complutense de Madrid)/ /Leave a comment

The CERSA (CNRS-University Paris II Pantheon-Assas) organises a series of seminars on select topics in international investment law and investor-state dispute settlement (ISDS). The purpose of these seminars is to discuss and debate such topics bringing together academics, practitioners and policymakers in a small international group in Paris. The conference about Topical issues in ISDS: Latin…

Arbitration, Brexit, European Union, Hague Convention on Choice of Court Agreements, Judgment

(Swiss International Law School (SiLS))/ /Leave a comment

In our post last month, we discussed the potential impact of Brexit on the choice of law to govern a contract and the law applicable to non-contractual claims. We also discussed that parties and party counsels should consider revisiting their choice of law strategies, but that in doing so, they should be conscious of the…

Asia, Singapore, Third party funding

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

Part I For some time practitioners would have seen news alerts headlining that third-party funding is now permitted in Singapore and Hong Kong for arbitration and arbitration-related court proceedings.  Digging a little deeper beyond the shiny new labels, this article highlights three practical “pitfalls’ which practitioners would have to be mindful of when dealing with…

Arbitration Agreement, Arbitration institution, Courts, SIAC, Singapore

(Schellenberg Wittmer )/ /Leave a comment
YSIAC

Introduction On 10 October 2018, the Singapore Court of Appeal (“Court of Appeal”) issued its decision on the case of Marty Ltd v Hualon Corporation (Malaysia) Sdn Bhd [2018] SGCA 63 (“Marty v Hualon“) which concerned a dispute over the repudiation of an arbitration agreement. While the case contained a number of interesting issues, this…

Belt Road Initiative, China, Hague Choice of Court Convention, ICC, Latin America, Mexico, Peru

(Souto, Correa, Cesa, Lummertz & Amaral Advogados)/ /1 Comment

Introduction In October 1865, Sir Robert Hart, a former British diplomat and by then an official in the Qing Chinese Government, wrote to Empress Dowager Cixi expressing his opinion that China should desperately seek progress through investments in mining, the telegraph, the telephone and especially in railways. The reaction of Empress Cixi’s closest advisors was…

Construction, Latin America, Lava Jato, Peru, Public Procurement Contracts

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The recent Petrobras – Lava Jato government fraud scandal that hit Brazil hard and swept through other Latin American countries has also greatly affected Perú. According to Marcelo Odebrecht (a Brazilian businessman and the former CEO of Latin America’s largest construction company), more than US$29m was paid in bribes between 2005 and 2014 in Perú…

Achmea, Croatia, Energy Charter Treaty, Germany, Hungary, Investment Arbitration, Investment Treaties, Slovakia, Spain

(Linklaters LLP) and (Linklaters)/ /Leave a comment

The Court of Justice of the European Union’s (CJEU) judgment in Slovak Republic v. Achmea B.V. (Achmea) on arbitration under intra-EU BITs has been broadly discussed (on this blog, see e.g. here, here, here, here, here, here and here). Nine months after the Court’s ruling, some tribunals have had the opportunity to react. Food for…

Ad hoc arbitration, Arbitration, Estoppel, Jurisdiction

(Stout Street Chambers)/ /1 Comment

In a conventional investment dispute, the claimant seeks compensation for the impairment of its substantive investment in the territory of the host state. Swissbourgh Diamond Mines (Pty) Ltd v Lesotho arose out of mining investments made by the claimants in Lesotho in the 1990s. However, this arbitral proceeding was not concerned directly with the impairment…

Adhesion Contracts, Arbitration Agreement, Brazil, Brazilian Arbitration Act, Franchising Contracts, kompetenz-kompetenz

(Demarest Advogados)/ /Leave a comment

I. Introduction Despite the fact that commercial arbitration has experienced a huge development in Brazil in the last years and a general favorable approach by Brazilian courts, there are fields in which arbitration is still incipient, with complex discussions about its enforceability and to what extent consumer, labor or adhesion contracts can be discussed via…

Enforcement, Ethics, ICC, Saudi Arabia

(Galadari Advocates & Legal Consultants)/ /1 Comment

Introduction On 8 October 2018, the Ministry of Justice (the “MoJ”) of the Kingdom of Saudi Arabia (“Saudi Arabia”) announced that in the last 12 months its enforcement courts received a record-breaking 257 applications for enforcement of judgments and arbitral awards rendered outside Saudi Arabia, which were appraised at SAR 3.6 billion or “nearly one…

Arbitrators, Duty to Disclose, Independence and Impartiality, Peru

(CML Arbitration)/ /Leave a comment

The arbitrator’s duty of disclosure is often subject to misunderstandings, particularly in regards to its content and scope, as well as its relationship with the independence and impartiality of the arbitrator. That is why for almost a decade I have been raising in my publications, both on international commercial arbitration and investment arbitration, various criteria…

Africa, Arbitration, Arbitration Awards, Arbitration Proceedings, Corruption, Investment Arbitration, Kenya

, (Hogan Lovells)/ /Leave a comment

For AfricArb It is twelve years since an ICSID tribunal dismissed World Duty Free’s claim against the Republic of Kenya for breach of a lease agreement signed in 1989. As is well known, the claimant obtained the contract with a $2 million bribe to former President Moi, and the tribunal held, inter alia, that it…

BIT, India, Most Favoured Nation (MFN)

(Nirma University)/ /1 Comment

International investment agreements (IIAs) are divided into two types: (1) bilateral investment treaties and (2) treaties with investment provisions. I would primarily focus on the first category i.e. bilateral investment treaties. A bilateral investment treaty (BIT) is an agreement between two countries regarding the promotion and protection of investments made by investors from one country…

Arbitration, Arbitration Act, Sweden

(Stockholm University)/ /Leave a comment

  Introduction On November 21, 2018, the Swedish Parliament adopted revisions to the Swedish Arbitration Act with the aim of modernizing it to further facilitate effective and attractive international and domestic arbitration in Sweden. The welcomed revisions will become effective for arbitrations commenced from March 1, 2019,1) The exceptions for application to arbitrations commenced after…

Enforcement, India, Public Policy

(MIDS Geneva)/ /Leave a comment

India signed the Convention on the Recognition and Enforcement of Arbitral Awards, 1958, commonly known as the New York Convention (“the Convention”), on 10th June, 1958 and ratified it on 13th July, 1960. Often criticised as a “non-friendly” arbitration jurisdiction by the international community, this post analyses how India has fared in its obligations under…

Arbitration, Arbitration Agreement, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, ICC, ICC Arbitration, International arbitration, Russia

, (Freshfields Bruckhaus Deringer LLP)/ /2 Comments

In February 2018, the Arbitrazh (Commercial) Court of the City of Moscow issued a ruling1) Ruling of the Arbitrazh (Commercial) Court of the City of Moscow dated 8 February 2018, case No. A40-176466/17-83-1232. denying the recognition and enforcement of an ICC award issued in favor of Dredging and Maritime Management SA (Luxembourg) against JSC Inzhtransstroy…

Consolidation, Enforcement, India

(Shardul Amarchand Mangaldas & Co.)/ /1 Comment

This blog previously carried a post (“previous post”) on the Indian Supreme Court’s (“SC”) progressive approach to binding non-signatories to an arbitration agreement in Ameet Lalchand Shah and Others v Rishabh Enterprises and Another (“Ameet Lalchand”). The present post briefly discusses another aspect of this approach in context of Cheran Properties Limited v Kasturi and…