Seat of the arbitration

Annulment, Arbitral seat, Due process, Party Representation, Powers of the tribunal, Public Policy, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award, VIAC, Vietnam

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Under the Law on Commercial Arbitration 2010 (“LCA”), both domestic and international arbitral awards can be set aside on the basis that the arbitral award contravenes the “fundamental principles of Vietnamese law.” This concept, however, is undefined and broad, causing much uncertainty, especially in light of decisions of the Vietnamese courts. In 2020, the People’s…

LIDW2022, London, Seat of the arbitration

, (Queen Mary University of London)/ /Leave a comment

The last session of LIDW’s two-day main conference saw a panel of world-renowned international dispute resolution experts turn the spotlight on London as a leading centre for international dispute resolution. The panel was composed of Sylvia Noury QC (Freshfields Bruckhaus Deringer), David Falkenstern (Kroll), Michelle MacPhee (BP), Poonam Melwani QC, (Quadrant Chambers), and Laurence Shore (BonelliErede). The panellists offered a…

2021 in Review, Award Scrutiny, Derivative Claims, India, Joinder, Non-signatory, Seat of the arbitration, Third Party

(WongPartnership LLP) and / /Leave a comment

While the second wave of Covid-19 hit India harder in 2021 than in 2020, this did not hamper progression in the legal sphere. 2021 saw several notable arbitration-related developments including another amendment to the Arbitration and Conciliation Act, 1996 (“Indian Arbitration Act”). Following on the tradition of the “2020 in Review: India” and “2019 in…

Africa, China, Infrastructure, Investment, Seat of the arbitration

(International Arbitration Lawyer)/ /Leave a comment

On 12 March 2021, Fangda Partners, ASAFO & CO and Delos Dispute Resolution hosted an interactive roundtable on “The Often-Overlooked Value of African Seats for African-Chinese Disputes”. The panelists for the roundtable discussion were Tunde Fagbohunlu SAN , Julia (Zhang) Le Roux, Michael Tam, Olga Boltenko and Peter Po Kwong Yuen, and it was moderated…

2020 In Review, Amendment, Anti-arbitration Injunction, Arbitrability, BIT, Enforcement, Fraud, India, kompetenz-kompetenz, Limitation period, Seat of the arbitration, Venue

and (WongPartnership LLP)/ /1 Comment

The “2019 in Review: India” started with a quote from Jeff Bezos that the 21st century belongs to India. Little did we know then that, one year later, Jeff Bezos’ Amazon would be fighting tooth and nail in a SIAC arbitration and related litigation in the Indian courts to claim a share of the burgeoning…

International arbitration, kompetenz-kompetenz, Lithuania, National Courts, National Treatment, Seat of the arbitration

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Global arbitration centers such as Paris or London are well known and need no introduction. In contrast, there are many other arbitration sites around the world that seek a larger role on the international stage of dispute settlement. Lithuania and its capital Vilnius in particular is no exception. In 2014 the Vilnius Court of Commercial…

Africa, Arbitration, Impartiality, Independence, International arbitration, Kenya, Laos, Seat of the arbitration

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The biennial 2020 Arbitration in Africa Survey Report (2020 Survey), which is the second in the series, is focused on top African arbitral centres and seats. It identifies the top and busiest arbitral centres in Africa. The survey was commissioned by the School of Oriental and African Studies (SOAS) and sponsored by the law firm…

Institutional Rules, KCAB, Online Arbitration, Online Dispute Resolution, Seat of the arbitration, Virtual hearings

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KCAB Next

Online dispute resolution (“ODR”) in international arbitration has been made feasible by the development of technology and its use has been stimulated by the Covid-19 pandemic that gave rise to higher demand for virtual proceedings. UNCITRAL Technical Notes on Online Dispute Resolution defines ODR as “a mechanism for resolving disputes through the use of electronic…

Arbitrability, Arbitral seat, Arbitration Award, Arbitration clause, Arbitration institution, Arbitration Institutions and Rules, Enforcement, Paris Arbitration Week, Seat of the arbitration, Virtual hearings, Webinar

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The third edition of the Jeantet “Arbitrating in CEE and CIS” roundtable was held virtually during the Paris Arbitration Week on Wednesday, 8 July 2020. The topic of this year’s edition laid stress upon “Do and Don’t’s When Choosing a Seat and Enforcing in CEE/ CIS/ Russia: State of Play”. Because of both the significant…

Courts, India, Seat of the arbitration, Venue

(J. Sagar Associates) and (AnchayilKumar)/ /Leave a comment
YIAG

This blog has previously discussed the issue of jurisdiction of Indian courts over foreign-seated arbitrations and the issue of Indian parties choosing a foreign seat of arbitration. However, a more fundamental issue concerns the interpretation of arbitration agreements to determine the choice of seat. Since September 2018, the Supreme Court of India (“Supreme Court”) has…

Arbitration, Arbitration Proceedings, Nigeria, Party Representation, Seat of the arbitration

(University of Essex)/ /2 Comments

The interplay between the principle of party autonomy and procedural flexibility in arbitration greatly accounts for the growth of international arbitration as the preferred method of dispute resolution for cross-border commercial disputes. The growing trend of this preference is reflected in the most recent International Arbitration Survey conducted by the School of International Arbitration at…

Foreign arbitral awards, Foreign Dispute, Foreign seat, India, Seat of the arbitration

(National Law University, Delhi) and (National Law University Delhi)/ /2 Comments

The question whether two Indian parties can choose a foreign seat of arbitration has become far too obfuscated with some recent judicial pronouncements. This article seeks to argue that the scheme of Indian Arbitration and Conciliation Act (“Act”) itself does not permit it. In India, enforcement of arbitral awards is covered in two parts under…

Brexit, LIDW 2019, London, ODR, Seat of the arbitration

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The 2019 London International Disputes Week continued yesterday with the Flagship Conference on the Present and Future of London International Disputes, in the unique setting of the National Gallery, in Trafalgar Square. Professor Richard Susskind OBE, IT Advisor to the Lord Chief Justice, discussed the role of Technology and the Future of Dispute Resolution. Richard…

Chile, Interim measures, National Courts, Seat of the arbitration

(Morales & Besa) and (University of Heidelberg)/ /Leave a comment

Throughout the years, Chilean courts and legislation have fostered a pro-arbitration and a pro-enforcement environment, favoring arbitration and recognizing the benefits that are generally attached to it. In such regard, the Civil Procedure Code, the Code on the Organization of Tribunals, the New York Convention on the Recognition and Enforcement of Arbitral Awards and Law…

Applicable Law, Appointment of arbitrators, Blockchain, Confidentiality, Contract Drafting, New York Convention, Seat of the arbitration

(Shehata & Partners, Maastricht University)/ /2 Comments

This post, which continues the topic considered here and here, discusses the main issues to consider when choosing arbitration to resolve smart contracts disputes, and lists a number of red flags that emerge from a survey of white papers on arbitrating smart contract disputes prepared by the tech community. (1) The Form of Smart Contract…

Anti-suit injunction, Arbitration, England, English Arbitration Act, LCIA Arbitration, LCIA Rules, Seat of the arbitration

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

The seat of arbitration is a vital aspect of any arbitration proceeding. The situs is not just about where an institution is based, where hearings will be held or where there may be a good pool of arbitrators. It is also about which courts have supervisory power over your arbitration and the scope of those…

Brexit, empirical data, Queen Mary- White & Case Survey, Seat of the arbitration

(White & Case LLP)/ /Leave a comment

The results of the 2018 Queen Mary/White & Case International Arbitration Survey were launched on 9 May 2018. The survey explores “The Evolution of International Arbitration”: how international arbitration has evolved, the key areas for development in the future, and who and what will shape the future evolution of the field. This is the 4th survey…

empirical data, Institutional Arbitration, Queen Mary- White & Case Survey, Seat of the arbitration

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London) and (Queen Mary University of London)/ /2 Comments

            On 9 May 2018, the School of International Arbitration at Queen Mary University of London, in partnership with White & Case LLP, launched the Report of the 2018 Queen Mary/White & Case International Arbitration Survey: The Evolution of International Arbitration. As its title suggests, the survey sought to assess…

Asia-Pacific, Australia, Construction arbitration, Islamic Finance Disputes, Malaysia, Seat of the arbitration, Shari‘a, South Korea

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Herbert Smith Freehills

Singapore and Hong Kong are now considered to be amongst the top arbitration seats in the world, rivalling the long-established seats of London, Paris and Geneva. Perpetuating their dominance in the region, parties to contracts in the Asia-Pacific often choose either of these seats by default with no consideration of alternatives. This is underpinned, to…

Arbitration, Portugal, Seat of the arbitration

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Young ICCA

Introduction There are over 250 million people who speak Portuguese, being commonly identified as the sixth most spoken language in the world. It is an official dialect in Angola, Brazil, Cabo-Verde, Equatorial-Guinea, Guinea-Bissau, Macau, Mozambique, Portugal, São-Tomé and Principe and Timor-Leste. Business transactions are entered into daily within a vast territorial space that reaches from…

Seat of the arbitration

(B Cremades y Asociados)/ /2 Comments

Whether inside or outside the practice of international commercial arbitration, it does not take long to look at the list of the most popular seats for such arbitrations and wonder – where on earth is California? As the sixth largest economy, complete with some of the most significant business centers in the world while operating…

Arbitral Award, Arbitration Act, Arbitration Agreement, Arbitrators, Seat of the arbitration, Summary procedure, Switzerland

(Meyerlustenberger Lachenal Ltd.)/ /Leave a comment

On 11 January 2017, the Swiss Federal Council proposed a revised version of the Swiss International Private Law Act (“SPILA”) relating to international arbitration (art. 176 et seq.) with a view to increasing the attractiveness of Switzerland as a place of arbitration while preserving the concise, liberal and flexible traits of the SPILA. More precisely,…

Arbitration, CETA, Lex Arbitri, Seat of the arbitration, UNCITRAL Arbitration Rules, UNCITRAL Model Law

(Arbitration Chambers)/ /2 Comments

The international arbitration community has lately been occupied with various proposals to reform investor-state disputes. On the interstate level, a consensus seems to be building that several aspects of the current system need to be modified in order for the system to safeguard its own legitimacy. In this context, there are various reform proposals floated…

Applicable Law, Arbitral seat, Arbitration Agreement, Arbitration clause, Commercial Arbitration, Governing Law, Seat of the arbitration, Separability

(Al Tamimi & Company)/ /Leave a comment

Introduction In BCY v BCZ [2016] SGHC 249, the High Court of Singapore found that parties could not be bound by an arbitration agreement that was part of an unexecuted underlying contract. This post examines the analysis taken by the Singapore High Court vis-à-vis the Swiss Supreme Court, in a similar fact pattern.   The…