Permanent Court of Arbitration

Australia, Hearings, Investor-State arbitration, ISDS, ISDS Reform, PCA, Permanent Court of Arbitration, Transparency, Transparency in investment arbitrations

(University of Sydney & Williams Trade Law)/ /Leave a comment

On 4 August 2023, in an investor-State dispute settlement (“ISDS) arbitration commenced against Australia on 29 March 2023 under the Association of Southeast Asian Nations (“ASEAN”) Australia New Zealand Agreement for a Free Trade Area (“AANZFTA”), Singapore-incorporated Zeph filed an application for interim measures including an unusual request. Zeph sought an order that Australia’s “officers…

Advisory Centre, ICSID, PCA, Permanent Court of Arbitration, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series

(Bocconi University)/ /Leave a comment

On 8 April 2024, following lengthy discussions dating back to 2019, the UNCITRAL Working Group III (“WGIII”) completed the draft statute of an advisory centre on international investment dispute resolution (“Advisory Centre”) (see previous coverage). The statute, incorporating inputs from over 70 state delegations and 40 international organisations, will be presented for approval at the…

India, Indus Waters Treaty, Jurisdiction, Pakistan, Permanent Court of Arbitration

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Muddled in severe stress and conflict since the 1950s, the transboundary Indus basin is home to one of the longest rivers in Asia. Barraging disputes led to the signing of the Indus Waters Treaty of 1960 (“IWT”) between Pakistan and India. Oft-cited as one of the most successful transboundary water-sharing mechanisms in the world, the…

Appointing Authority, Case Management, Latin America, Permanent Court of Arbitration

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Asociación Latinoamericana de Arbitraje (ALARB)

On July 26, 2023, the Latin American Arbitration Association (ALARB) organized a webinar on New Developments of the Permanent Court of Arbitration (PCA). The discussion was introduced by Claus von Wobeser (Von Wobeser y Sierra, México) and led by Sandra González (Ferrere, Uruguay) and Juan Manuel Marchán (PBP, Ecuador), who posed several topics that were…

Annulment, Arbitrability, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, Latin America, Paris Court of Appeal, Permanent Court of Arbitration, Uruguay

(Freshfields Bruckhaus Deringer)/ /1 Comment

On August 6, 2020, an arbitral tribunal composed of Andrés Rigo Sureda (P), O. Thomas Johnson, Jr., and Pierre Mayer (the Tribunal), constituted under the agreement between the United Kingdom and Uruguay for the promotion and protection of investments (the BIT), issued an award in Prenay Agarwal, Vinita Agarwal and Ritika Mehta v. Uruguay (PCA…

Arbitrator Bias, Arbitrator Challenges, Conflicts of interest, IBA Guidelines on Conflicts of Interest, Independence and Impartiality, Permanent Court of Arbitration

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On 10 October 2022, the Secretary-General of the Permanent Court of Arbitration (“PCA”) accepted a challenge brought by Venezuela against the appointment of the Claimant’s appointee, Dr. Wolfgang Peter, in an investor state arbitration (PCA Case No. 2022-03) instituted by German Claimant, Lufthansa (“Challenge Decision”). The Challenge Decision is the latest in the series of…

Expedited arbitration, Permanent Court of Arbitration, UNCITRAL, UNCITRAL Arbitration Rules, UNCITRAL WG II Series

, (Permanent Court of Arbitration)/ /2 Comments

On 9 July 2021, the United Nations Commission on International Trade Law, better known as UNCITRAL, reached another milestone in its 55-year history. The Commission adopted the 2021 Expedited Arbitration Rules (“EAR”) (subject to completion, without objection, of a silence procedure). The EAR modify certain aspects of the UNCITRAL Arbitration Rules (“UAR”) and must be…

Arbitration Institutions and Rules, BIT, Climate change, Energy Charter Treaty, Environment, Human Rights, International arbitration, Investment Arbitration, ISDS, PCA, Permanent Court of Arbitration, Space Arbitration

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International arbitration is changing at a fast pace, and opportunities arise every day in this field. In this context, on May 25, 2021, Young Arbitral Women Practitioners, Holland & Knight, and Rising Arbitrators Initiative co-hosted a webinar to discuss emerging fields of practice for arbitration lawyers. This post offers an overview of the variety of…

Arbitration, Arbitration Institutions and Rules, Institutional Rules, International arbitration, PCA, Permanent Court of Arbitration, Space Arbitration

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Nearly a decade ago, the Permanent Court of Arbitration (“PCA”) published its Optional Rules for Arbitration of Disputes Relating to Outer Space Activities (“PCA Outer Space Rules” or “Rules”).  Unlike the five United Nations treaties on outer space, the Rules provide for a voluntary and binding dispute resolution process accessible to all space actors.  Notably,…

Estoppel, International Court of Justice, Lotus Principle, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Non-signatory, Permanent Court of Arbitration, Permanent Court of International Justice, SCOTUS, United States, United States Courts, USA

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On June 1, 2020, the United States Supreme Court issued its opinion in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA. The Court held that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) does not prohibit a Contracting State from applying the domestic law doctrine…

Climate change, Commercial Arbitration, DIS, Germany, Permanent Court of Arbitration

(Hogan Lovells)/ /Leave a comment

As the world marched in support of global action on climate change, the German DIS40/below 40 arbitrators’ group showed its support for the cause at a conference on Arbitration and Climate Change on 10 September 2019. After a warm welcome by DIS federal coordinator Jennifer Bryant (Noerr) the conference started off with a panel discussion…

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…

Belt Road Initiative, Evidence, IBA Guidelines on Party Representation, IBA Rules of Evidence, ICCA Sydney 2018, Parallel Proceedings, Permanent Court of Arbitration

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King & Wood Mallesons

In a much-anticipated session at ICCA Sydney Conference 2018 moderated by Mark Kantor, the panel: Joongi Kim, Yonsei Law School (Republic of Korea); Judith Levine, Permanent Court of Arbitration (Australia, Ireland); Natalie L. Reid, Debevoise & Plimpton LLP (Jamaica), tackled the following four “hot topics” in international arbitration: 1. illegally obtained evidence; 2. the One…

Enforcement, Investment, Investor, ISDS, Permanent Court of Arbitration, Singapore, UNCITRAL Arbitration Rules

(Fangda Partners), (Holborn Law LLC (in association with CMS Singapore)), and (CMS Hong Kong)/ /1 Comment

In early March 2017, the Singapore High Court released a judgment in which it considered an important question of enforcement of investor-state awards. In Josias Van Zyl v Kingdom of Lesotho [2017] SGHCR 2, AR Pereira was asked to decide whether an order to enforce a final award in a treaty dispute administered by the…

Hong Kong, ICSID Arbitration, Permanent Court of Arbitration, Singapore

(Herbert Smith Freehills LLP) and (Herbert Smith Freehills)/ /3 Comments
Herbert Smith Freehills

As Professor Luke Nottage and Dr. Jarrod Hepburn have observed in a forthcoming case note,1)Hepburn, J., Nottage, L. (2016), Case Note: Philip Morris Asia v Australia (Forthcoming), Journal of World Investment and Trade the most recent ruling in the long-running case of Philip Morris Asia v Australia has highlighted the consequences of agreeing to arbitrate…

Admissibility, Arbitral Award, Arbitral Tribunal, Arbitration, Arbitration Awards, Arbitration institution, Arbitration Institutions and Rules, ASEAN, Asia-Pacific, China, International arbitration, International Law, International tribunals, Jurisdiction, Jurisdiction of the arbitral tribunal, Law of the Sea, Permanent Court of Arbitration, Philippines, PRC, South China Sea, State-to-state arbitration, Treaty, Treaty Interpretation, UNCLOS

(Rajah & Tann Singapore LLP )/ /Leave a comment
YSIAC

Introduction On 12 July 2016, a five-member arbitral tribunal (the Tribunal) constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) issued its long-awaited award on the merits in an arbitration brought by the Philippines against China. The tribunal’s jurisdiction is derived from UNCLOS; all State parties to UNCLOS…

Law of the Sea, Permanent Court of Arbitration, State-to-state arbitration, Transparency, UN and Int’l Organizations, UNCLOS

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Herbert Smith Freehills

On 26 June 2015 Italy commenced inter-state arbitral proceedings by serving on India a notification of dispute under Article 287 and Annex VII, Article 1 of the United Nations Convention on the Law of the Sea (“UNCLOS”); both States are Parties to UNCLOS. In Italy’s submission the dispute concerns an incident approximately 20.5 nautical miles…

International arbitration, International environmental disputes, Permanent Court of Arbitration

(11 KBW) and (gunnercooke LLP)/ /1 Comment

Introduction “Essentially what is at stake at this climate conference is peace”. Those were the words uttered by French President François Hollande to signify the importance of COP21 – the 21st Conference of Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris to address climate change in December 2015. Indeed,…

England, English Law, Guatemala, Honduras, Latin America, Mexico, Permanent Court of Arbitration, Trans-Pacific Partnership

(20 Essex Street)/ /2 Comments

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s chambers. The legal landscape in Latin America is rapidly changing. Not only has Latin America more bilateral Trade Agreements than any other region in the world, but it…

India, Interim Orders, Pakistan, Permanent Court of Arbitration, State-to-state arbitration, Treaty

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

International arbitration has been widely recognized as an efficient process for resolving State-to-State disputes. Factors such as procedural flexibility and party autonomy, which contribute to general appeal of international arbitration, play out to render arbitration as the preferable option for settlement of complex disputes between States. More importantly, however, the success and broader acceptance of…

Arbitral Award, Ecuador, Investor, Oil & Gas, Permanent Court of Arbitration

(Herbert Smith Freehills)/ /1 Comment

The controversial dispute between the Ecuadorian government and the multinational corporation Chevron arose from the operations undertaken by Texpet –a subsidiary of Texaco at that time- on the country’s Amazon region during the eighties. Texpet was the operator undertaking the exploration and exploitation of hydrocarbons in association with Petroecuador, formerly CEPE, the state-owned oil company…

Arbitration, Customary international law, India, International Law, Pakistan, Permanent Court of Arbitration, Res Judicata

(University of Alberta Faculty of Law)/ /Leave a comment

On 20 December 2013, the final phase in the Indus Waters Kishenganga Arbitration was completed with the rendering of a Final Award by the seven-member Court of Arbitration (“Court”) tasked with resolving the latest water dispute between Pakistan and India. The Court was constituted in 2010 following a Request for Arbitration submitted by Pakistan under…

Fair and Equitable Treatment, NAFTA, Permanent Court of Arbitration

(University of Ottawa Faculty of Law, Civil Law Section)/ /Leave a comment

Last week the hearing on jurisdiction and liability in an arbitration between Bilcon of Delaware et al. and the Government of Canada was streamed live on the website of the Permanent Court of Arbitration (‘PCA’). One of the most disputed issues between the parties in this case is the meaning and the scope of the…

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…