Jurisdiction

Arbitration Awards, Enforcement, ICC Arbitration, International arbitration, New York Convention, Seat of the arbitration, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

A recent ruling of the Dubai Court of Appeal (see Case No. 1/2013 – Commercial Appeal, ruling of the Dubai Court of Appeal of 9 July 2013) gives new hope that despite the Dubai Court of Cassation’s disappointing approach in Case No. 156/2013 (see my blog of 21st October 2013), the UAE courts are, in…

arbitrators’ conduct, Australia, Enforcement, Estoppel, New York Convention

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

The Full Court of the Federal Court of Australia (the Court) recently upheld a decision enforcing an arbitral award made by three London arbitrators (Gujarat NRE Coke Limited v. Coeclerici Asia (Pte) Ltd [2013] FCAFC 109). The Court dismissed the appeal confirming that the arbitrators did not deny the appellants procedural fairness and did not…

Arbitration Institutions and Rules, Belgium, Multiple parties

(DMDB Law)/ /5 Comments

With regard to multicontract arbitration, the CEPANI Arbitration Rules (“the Rules”) contain a specific provision (Article 10). Article 10(1) allows the parties to pursue claims arising out of different contracts or in connection with more than one contract in one single arbitration. This can occur for example when parties decide to conclude different contracts with…

Arbitration Awards, Domestic law, France, ICC Arbitration, New York Convention, Set aside an international arbitral award, State entity, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

In a blog earlier this year (see my blog of 12 March 2013), I expressed concerns about a Dubai Court of First Instance ruling (see Case No. 489/2012, ruling of the Dubai Court of First Instance of 18 December 2012) that in complete disregard of the prevailing provisions of the New York Convention (see Convention…

BIT, European Law, European Union, Investment Arbitration

(Taylor Wessing)/ /Leave a comment

Investment arbitration under investment treaties between EU member states is a hot topic, in particular given the EU Commission’s strong views on the subject: As previously discussed here, the Commission has intervened in arbitrations in support of the position that the arbitral tribunal lacked jurisdiction to hear the dispute. One such matter was Eureko v….

Arbitration Institutions and Rules, Middle East, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

A lot of positive commentary has been lavished out on the new Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) Arbitration Rules, which entered into force with effect from 1st September 2013. It is, of course, difficult to deny that the new Rules are a huge improvement on the old ADCCAC Regulations, as they were…

Due process, Right to be heard, Set aside an arbitral award, Switzerland

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

In a recent decision of the Swiss First Civil Law Court (X._____ v. Y.______, 4A_669/2012), an arbitral award was annulled on the basis that the arbitrator had violated the appellant’s right to be heard. Although the decision applies Swiss Federal law, the decision is relevant to practitioners in other jurisdictions which allow for annulment of…

Arbitration, Asia-Pacific, Commercial Arbitration, Domestic law, Hong Kong, International arbitration, Legislation, National Arbitration Laws

(Linklaters)/ /Leave a comment

Hong Kong is one of the major hubs for international arbitration in Asia. Its position was strengthened when, in 2012, India added Hong Kong to the list of so-called “gazetted” states: only arbitral awards rendered in these states will be recognised and enforced in India under the New York Convention. The inclusion of Hong Kong…

Applicable Law, Arbitral Tribunal, Arbitration Awards, Enforcement, Qatar, Set aside an arbitral award

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

A controversial decision by Qatar’s Court of Cassation has ruled on the necessity for arbitral awards to be rendered in the name of His Highness The Emir of Qatar. The said ruling issued on 12 June 2012 (Petition No. 64/2012) set aside an arbitral award rendered under the auspices of the Qatar International Center for…

Arbitration Institutions and Rules, Middle East, United Arab Emirates

(Mechantaf Law)/ /Leave a comment

On 27 August 2013, the Abu Dhabi Centre for Conciliation and Commercial Arbitration (the “Centre”), based in Abu Dhabi Chamber of Commerce and Industry, presented its new list of arbitration rules (the “Rules”) effective as of 1st October 2013, following an extension of one month from the date that was initially perceived under the Rules…

China, International arbitration, Permanent Court of Arbitration, Uncategorized

(Investment Arbitration Reporter)/ /2 Comments

The Permanent Court of Arbitration has just updated its website so as to offer information about the pending arbitration initiated by the Philippines against China pursuant to Annex VII of the UN Convention on the Law of the Sea (UNCLOS). Readers may recall that the Philippines requested arbitration in January of this year, citing a…

Asia-Pacific, Investment agreements, Investment Arbitration, Trans-Pacific Partnership

(Peking University School of Transnational Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Negotiations to establish a Trans-Pacific Partnership (TPP) agreement have been active and ambitious. Following 18 negotiating rounds since 2010, TPP talks now include 12 States, representing nearly 40 percent of global GDP. Scholars have observed that a TPP agreement, given its scale, could provide “staggering” economic benefits as well as a “genuine Asia-Pacific integration track.”…

Injunction, Jurisdiction, Nigeria

(Aluko & Oyebode)/ /Leave a comment

and Afolabi Euba and Hamid Abdulkareem, Aluko & Oyebode, Lagos, Nigeria In the course of 2012, a number of injunctions have been issued by Nigerian courts to stop arbitrations commenced by international oil companies against the Nigerian National Petroleum Corporation (NNPC). One of such orders was made ex parte by the Nigerian Federal High Court…

Arbitration, Arbitration Act, Enforcement, India, Public Policy

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

The Supreme Court of India handed down a judgment earlier this month that restates Indian position on the enforcement of foreign arbitral awards in line with the international standards. In the case of Shri Lal Mahal Ltd. v. Progetto Grano Spa, a three judge bench of the apex court held that review of a foreign…

Arbitration, Arbitration Act, CAFTA, El Salvador

(Sáenz & Asociados)/ /Leave a comment

and Humberto Sáenz-Marinero, Sáenz & Asociados A few weeks ago, we read a post on Kluwer Arbitration Blog about El Salvador by Ricardo Cevallos. The title was “El Salvador becomes an anti-arbitration jurisdiction?” According to the post, El Salvador is becoming an anti-arbitration jurisdiction. We respectfully disagree with the author’s conclusion. It is true that,…

Arbitration Agreements, Jurisdiction, Jurisdiction of the arbitral tribunal, Mauritius

(LCIA-MIAC Arbitration Centre)/ /Leave a comment

In a recent decision, the Mauritian Supreme Court has roundly rejected a challenge to an arbitrator’s jurisdiction brought under section 20 of the Mauritian International Arbitration Act 2008, and in doing so touched upon the interesting question of the standard of review in such cases. Section 20 of the International Arbitration Act 2008 (“IAA”) allows…

Dispute resolution clause, EU Regulation 44/ 2001, France, International Law

(ArbBoutique & Queen Mary University of London)/ /Leave a comment

By Maxi Scherer and Sophia Lange1)Maxi Scherer is Special Counsel in the International Arbitration Practice Group of Wilmer Cutler Pickering Hale and Dorr LLP and Senior Lecturer at Queen Mary University London; Sophia Lange is an Associate in the International Arbitration Practice Group of Wilmer Cutler Pickering Hale and Dorr LLP. On 26 September 2012,…

ASEAN, Asia-Pacific, Enforcement, International arbitration, Investment protection, New York Convention

(Linklaters)/ /Leave a comment

By Jelita Pandjaitan and Steven Pettigrove of Linklaters, and Nicola Nygh of Allens Linklaters. On 15 July 2013, Myanmar formally acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”).  The New York Convention obliges Myanmar’s Courts to give effect to contractual provisions which provide for…

Arbitration, Arbitration Act, Arbitration Proceedings, Belgium

(Matray, Matray & Hallet)/ /1 Comment

On 16 May 2013, Belgium’s House of Representatives adopted the bill no. 53-2743 that is meant to replace the Sixth Part of the Belgian Code of Civil Procedure (Code judiciaire/Gerechtelijk Wetboek) and thoroughly modernize the Belgian arbitration law. The travaux préparatoires leading to this new law may be consulted here (in French and Dutch). The…

Commercial Arbitration, Domestic Courts, Interim Orders, Pro arbitration, Provisional measures, United States

(Hogan Lovells LLP)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

[Written with the assistance of Nina Tandon and Andrew Behrman of Hogan Lovells US LLP] A recent ruling from a U.S. federal district court has highlighted an emerging doctrine in United States courts with respect to a party’s ability to seek provisional remedies from a court in support of international arbitration. The recent ruling, together…

Annulment, Applicable Law, Arbitral seat, Arbitration, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, Latin America, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award, South America

(Universidad Monteávila (Caracas))/ /Leave a comment

One of the most important elements to consider when participating in arbitration proceedings is the available mechanisms to challenge the award of the arbitral tribunal. This element acquires an added significance when it comes to international arbitration where the award may be enforced in several jurisdictions. With that in mind, it is pertinent to refer…

Arbitration, Arbitration Act, Brazil

(Guandalini Sampaio Advogados)/ /Leave a comment

Investing Across Borders, a World Bank Group’s initiative, compares the regulation for foreign direct investment around the world. Among different indicators, it publishes considerations concerning arbitration of commercial disputes from different jurisdictions. However, the prospective investor must read with caution this Summary, at least regarding arbitration in Brazil. Here is the Summary regarding arbitration in…

Arbitration, Class arbitration, United States

(Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment

and Lucas Bento, Quinn Emanuel Urquhart & Sullivan, LLP, New York The United States Supreme Court’s recent decision in Oxford Health Plans LLC v. Sutter, 569 U.S. __ (2013) (the “Decision”), is the latest installment on whether class arbitration has met its end in the United States. For now, class arbitration survives, subject to the…