Jurisdiction

Arbitration, Arbitration Awards, DIFC, Dubai, Enforcement, Middle East, New York Convention, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

In two recent rulings (see Case No. ARB 002/2013 – (1) X1, (2) X2 v. (1) Y1, (2) Y2, ruling of the DIFC Court of First Instance, undated, 2014; and Case No. ARB 003/2013 – Banyan Tree Corporate PTE LTD v. Meydan Group LLC, ruling of the DIFC Court of First Instance of 27 May…

Africa, Middle East

(Egyptian State Lawsuits Authority, Ministry of Justice and University of Geneva)/ /Leave a comment
YIAG

Arbitration, or tahkim, has long-standing religious and cultural roots in the Middle East. However, there are also a number of differences and tensions between the Western perception of arbitration and certain Islamic legal principles and traditions which form the cornerstone of many Middle Eastern States. As the Middle East becomes more prominent in the global…

DIFC, Dispute Resolution, Dubai, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

A recent amendment to Dubai Law No. (9) of 2004 Concerning the Dubai International Financial Centre (as previously amended by Dubai Law No. (14) of 2011), referred to as Dubai Law No. (7) of 2014 (Amending Law No. (9) of 2004 Concerning the Dubai International Financial Centre (DIFC)) and issued by the Ruler of Dubai…

Arbitration Agreements, India, Sovereign Immunity

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Uniform jurisprudence on Sovereign immunity still seems a long distance away in international sphere for the reason that the national laws and approaches adopted by the States govern this issue. There have been attempts in the past to somehow streamline the approach by adopting legislations and, in a broader sense, by bringing a multilateral treaty….

Arbitration, Enforcement, Recognition and enforcement of arbitral award, Ukraine

(CAI & Lenard )/ /1 Comment

Assignment of benefits of arbitral awards is a standard business practice worldwide, undertaken by companies involved in international trade and supported by credit insurers. However, this practice may face some obstacles in Ukraine considering contradictory and poorly developed court practice of granting leave for enforcement upon an application submitted by any person other than a…

Arbitration, Arbitration Act, India, Supreme Court

(Linklaters)/ /2 Comments
Linklaters

The Indian arbitration regime has seen a sea change in the last couple of years. Before the decision of the Indian Supreme Court (“SC”) in BALCO v. Kaiser Aluminium [Civ. App. No. 7019 of 2005] in 2012, the Indian judiciary was considered highly interventionist in its approach to arbitration. The reason for this was a…

Arbitration, China, Intellectual Property Rights

(AnJie Law Firm)/ /1 Comment

and Meng Li, AnJie Law Firm For the last ten years, whether an arbitration clause such as “any disputes arising from, or in connection with, the execution of this agreement shall be resolved by arbitration” may be applied to an infringement claim has been a topic of heated discussion among the legal practitioners in China….

Arbitration, Arbitration Act, Legislation, Netherlands

(Linklaters)/ /Leave a comment

By Daniella Strik and Marc Krestin, Linklaters LLP The legislative proposal to modernise Dutch arbitration law has been unanimously adopted by the Senate of the Dutch Parliament today. For an informal English translation of the new law, please see here. A comparison between the new law and the 1986 Dutch arbitration law can also be…

Bribery, DIFC, Dubai, Enforcement, England, Meydan

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

In Honeywell v Meydan Group LLC ([2014] EWHC 1344 (TCC)) the High Court in London upheld a DIAC award against the owner of the Meydan Racecourse in Dubai, rejecting allegations that the underlying contract was procured through bribery. The decision is just one of a number of claims arising out of the construction of the…

Investment Arbitration, Latin America

(The Center for American and International Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

For more information about ITAFOR, click here. To subscribe to ITAFOR, click here. The Institute for Transnational Arbitration (ITA), the Asociación Latinoamericana de Arbitraje (ALARB) and the Comitê Brasileiro de Arbitragem (CBAr), are pleased to announce the launch of a new online forum for the discussion of pertinent legal issues relating to arbitration of Latin…

ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Latin America

(D'Empaire Reyna, Abogados)/ /1 Comment

Over the years Latin American countries have played an increasingly relevant role in the International Centre for Settlement of Investment Disputes (the “ICSID”), with the highest proportion – 27% – of all cases handled by the Centre. Despite the high percentage these same countries have been increasingly expressing their dislike about having to resolve their…

Colombia, Free Trade Agreements, ICSID Convention, Peru, UNCITRAL Rules on Transparency

(Lalive)/ /Leave a comment

and Felipe González Arrieta The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (hereinafter “the Rules”) came into force in April 1, 2014. The Rules were adopted at the forty-sixth session of the United Nations Commission on International Trade Law, held on July 2013, and are the result of a 3-year period effort by the…

Arbitrability, Arbitration, Brazil, Class arbitration

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

Brazil has well-developed systems both in arbitration and class actions and yet the use of arbitration as a class-litigation dispute resolution has been little discussed. In the USA, on the other hand, discussions on the matter abound (see especially Supreme Court Bazzle v. Green Tree, Stolt-Nielsen S.A v. Animalfeeds International Corp. and AT&T Mobility LLC…

Appointment of arbitrators, Arbitral seat, Arbitration, Arbitration Institutions and Rules, Costs in arbitral proceedings, Eastern Europe, International arbitration, Language of arbitration

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

2013 saw the establishment of Serbia’s first arbitration institution which is not affiliated to the State – Belgrade Arbitration Center (BAC), created under the auspices of the Serbian Arbitration Association, a non-governmental and non-profit association of legal professionals and other individuals interested in arbitration law and promotion of arbitration. BAC is the third arbitral institution…

Enforcement, Jurisdiction

(Colibra Insurance)/ /Leave a comment

Exorbitant jurisdiction is generally described as comprising domestic courts’ powers in cross-border litigation to assume jurisdiction based on a very thin (although in the courts’ view sufficient and permitted by the courts’ domestic law) link between the case and the forum State. This may be based on territoriality (e.g. the respondent having assets in the…

Belgium, International arbitration, UNCITRAL Model Law

(Linklaters)/ /Leave a comment

During past months, the Belgian arbitration community has been very active in promoting its country and Brussels in particular, as a major international arbitration centre. 2013 and 2014 are indeed vintage years for Belgian arbitration. First, the Cepani, the major Belgian arbitration institution, modernised its arbitration rules. The new rules entered into force as from…

Annulment, Appeal, Arbitration, Arbitration Institutions and Rules, Joinder, Middle East, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

In an encouraging ruling of earlier this year (see Case No. 249 of 2013 – Middle East Foundations LLC v. Meydan Group LLC (formerly Meydan LLC), Commercial Appeal, ruling of the Dubai Court of Appeal of 15 January 2014), the Dubai Court of Appeal confirmed the time extension provisions for rendering final awards under the…

Arbitration, Portugal, Public Policy

(BCH Advogados)/ /1 Comment

I. The Court of Appeal of Lisbon recently granted recognition of an arbitral award made in Paris, under the Rules of Arbitration of the ICC, holding that the Portuguese law applicable to the Agency Agreement, in spite of being of mandatory nature, do not constitute part of the international public policy of the Portuguese state…

Arbitral seat, Arbitration, Asia-Pacific, Australia, Domestic Courts

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

Authors: Geoff Hansen, Partner and Jennifer Galatas, Senior Associate1)The authors gratefully acknowledge the assistance of Nuwan Dias in preparing this article. 1. Introduction – APRAG and Beyond On 27 to 28 March 2014, international dispute experts converged on Melbourne, Australia to celebrate the 10th Anniversary of the Asia-Pacific Regional Arbitration Group (APRAG) Conference. APRAG is…

Corruption, Fraud, Investment Arbitration, Jurisdiction, Public Policy, Vienna Convention on the Law of Treaties

(Covington and Burling LLP)/ /Leave a comment

Chair: Klaus Reichert SC (London) Main Speakers: Dr. Aloysius Llamzon (The Hague), Anthony Sinclair (London) Commentators: Utku Cosar (Istanbul), Carolyn B. Lamm (Washington, DC) Rapporteur: Elizabeth Karanja (Nairobi) No one would seriously challenge the proposition that investor wrongdoing is a systemic threat to international investment arbitration. But what constitutes investor wrongdoing? What are the standards…

Enforcement, New York Convention, Qatar, Set aside an international arbitral award

(Qatar International Center for Conciliation and Arbitration)/ /Leave a comment

Few days ago, the Qatari Supreme Court decided to overturn an earlier judgment of the Doha court of appeal which upheld a decision of the court of first instance to set aside an ICC arbitral award as being in violation of the Qatari public policy. The new ruling comes in rescue of the Qatari courts’…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Portugal, Treaty

(BCH Advogados)/ /Leave a comment

In his “Kiev Arbitration Days” after-dinner speech in November 2012 (“BITS, BATS and BUTS”), Gary Born presented a suggestion that can leave no one indifferent (speech published as “Essay” by Young Arbitration Review, March 2014 Edition). His idea is to take advantage of the legal framework and experiences gained from the world of investment arbitration…

Arbitration, ICCA Miami 2014, Latin America

(Covington and Burling LLP)/ /Leave a comment

Kluwer Arbitration Blog offers an exclusive coverage of the ICCA Conference in Miami, 2014. The posts present the discussions and presentations of the Plenary Sessions, as well as of the panels of the “Precision” and “Justice Streams”, with comments from our collaborators from the following law firms: Bilzin Sumberg Baena Price & Axelrod LLP; Shook,…

Arbitration, European Union, Surveys

(The Hague University)/ /Leave a comment

A team at the Brunel Centre for the Study of Arbitration and Cross-Border Investment, led by Tony Cole, has been requested by the European Parliament to undertake a study on the law and practice of arbitration in the European Union and Switzerland under contract IP/C/JURI/IC/2013­047. The study concerns arbitration in all its forms, including international…