Transparency

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…

Access to Justice, Artificial Intelligence, Diversity, ICC, Independence, Mining Sector, Rule of Law, Technology, Transparency

(Brooklyn Law School)/ /Leave a comment

For the centenary anniversary of the ICC International Court of Arbitration, this year’s ICC New York Conference on International Arbitration convened over 330 international arbitration practitioners, in-house counsel, academics, students, and outside counsel from 36 countries in the heart of New York City. As ICC Secretary General John W. H. Denton highlighted in his opening…

Conference, Confidentiality, Hungary, Transparency

(SMARTLEGAL Schmidt & Partners)/ /1 Comment

A pioneer in the region of Central and Eastern Europe (CEE region), the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (HCAC) signed a partnership agreement with the Paris-based legal-tech start-up, Jus Mundi, allowing for the online accessibility of anonymized Hungarian arbitral decisions in English. Since the issue of publication of…

IBA, Investment Arbitration, Prague Rules, Transparency, Transparency in investment arbitrations

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International arbitration has been regarded as a flexible and efficient dispute resolution mechanism. While this may hold true for most phases of the arbitration, document production (i.e., the phase where a party requests the other party to produce documents that are in the other party’s possession and are relevant to the dispute and material to…

Amicus Curiae, Arbitration, Arbitration Award, empirical data, Empirical Research, Procedure, Transparency, transparency, Transparency in investment arbitrations

(WilmerHale)/ /Leave a comment

On 5 May 2022, Young ITF hosted its launch event, covering a debate on the motion that “[t]his House believes that greater use of Amicus briefs will address the legitimacy crisis that [Investor-State-Dispute-Settlement (“ISDS”)] is facing”. The selection of this topic seemed reasonable as the legitimacy crisis of ISDS particularly affects the upcoming generation of…

Arbitration clause, China, Climate change, Corruption, Emergency Arbitrator, Hong Kong, Impecuniosity, India, Interim measures, Philippines, Transparency

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At the recent hybrid 7th ICC Asia-Pacific Conference on International Arbitration (the “Conference”), a palpable sense of happiness and community resonated throughout the day.  Mr Justin D’Agostino (Global CEO, Herbert Smith Freehills, Hong Kong) moderated the first panel discussion in a quick fire manner on recent arbitration developments in the Asia-Pacific region with leading practitioners…

Arbitrator Bias, Arbitrator Challenges, arbitrators’ conduct, Brazil, Latin America, Transparency

(FGV Law SP - Law School of São Paulo) and (Independent Arbitrator)/ /Leave a comment

The Center for Studies and Research in Arbitration from the University of São Paulo (“CEPArb-USP”) has recently made public the findings of its pioneer empirical research on challenges of arbitrators in domestic proceedings in Brazil. The initiative analyzed data from challenges in proceedings administered by the Câmara de Mediação e Arbitragem Empresarial – Brasil (CAMARB)….

Brexit, Construction, Construction arbitration, International Law Talk, Kluwer Podcast, Podcast, Public Contract, Public contract disputes, Tender Dispute, Transparency

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

International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode,…

Code of Conduct, conflict of interest, Disclosure, Ethics, ISDS, Transparency, Working Group III

(Association ARBITRI)/ /Leave a comment

“To disclose or not to disclose?” no longer seems to be a question for international arbitrators. The narrative and policy space surrounding the independence and impartiality of international arbitrators has been consistently driven towards maximum disclosure obligations. This is evidenced in recent legal instruments seemingly blurring the lines between the recognized ethical standards for arbitrators,…

2020 In Review, Annulment, Appeal, Arbitration Awards, Arbitration Institutions and Rules, Bankruptcy and arbitration, Brazil, Chile, Colombia, Commercial Arbitration, Confidentiality, Corruption, COVID-19, Duty to Disclose, Emergency Measure, Enforcement, Judicial intervention, Latin America, Mexico, Peru, Transparency, Venezuela

(Herbert Smith Freehills)/ /Leave a comment

Corruption, annulment of arbitral awards and court intervention mark the main developments for 2020 in Latin America.  Our contributors this year reported on the most important judicial decisions and legislative measures impacting the legal framework of various jurisdictions in the region. A new ‘hot topic’ arising from the COVID-19 pandemic is the interplay between arbitration…

Due process, Public Policy, Transparency

(White & Case LLP), (Derains & Gharavi), and (Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment
Rising Arbitrators Initiative (RAI)

On 1 October 2021, the Rising Arbitrators Initiative brought together an esteemed group of arbitration practitioners for the organization’s inaugural event, which tackled due process concerns. The event, which was divided into two sessions to allow participants to join from Asia, Australia, Europe, Africa, and the Americas, addressed substantive and procedural due process.   Substantive…

Costs in arbitral proceedings, Document Production, Duration, Interest, Mediation, Quiz, Transparency, Tribunal Secretary

(Bocconi University), (MDisputes), (Association ARBITRI), and (Arbitrator Intelligence)/ /Leave a comment

As the global pandemic has constrained in-person gatherings, many arbitration practitioners will have foregone most of their summer travel. Fortunately, for this summer’s holiday (quiz), we can all take a trip together to Transparency Land, where all arbitrators and institutions are above average, but may not all be equal in how they manage proceedings. With…

Arbitration institution, Innovation, Legitimacy, Peru, Transparency

, (National and International Arbitration Center of the Lima Chamber of Commerce)/ /Leave a comment

In the last decades, Peru has been recognized to be a solid, convenient and leading choice as a seat for arbitrations in the Latin American region. Peru is party to the New York Convention and the ICSID Convention, as well as to several Bilateral Investment Treaties that provide for international arbitration as the applicable dispute…

Arbitrator Intelligence, Code of Conduct, ISDS, Transparency, UNCITRAL, Working Group III

(Association ARBITRI)/ /Leave a comment
Arbitrator Intelligence

The Changing Landscape of the ISDS System The ongoing global discussions on the reform of the Investor-State Dispute Settlement (ISDS) system have been broad in scope and covered a wide range of concerns. As previously documented on this blog, the governments participating in the UNCITRAL Working Group III – ISDS Reform (WG III) have determined…

Anti-corruption, Arbitration, Corruption, ISDS, Peru, Protectionism, Transparency

(Sarens)/ /Leave a comment

On January 24, 2020, Peru enacted the Emergency Decree No. 020-2020 (the “Decree”), published in Peru’s Official Gazette, El Peruano.1)Emergency Decree Modifying Legislative Decree Nº 1071, Legislative Decree Norming Arbitration, Emergency Decree No. 20-2020 (Jan. 24, 2020) (Peru). The Decree amends Peru’s Legislative Decree No. 1071 (the “Arbitration Law”), in force since 2008,2)Legislative Decree Regulating…

Arbitration, Blockchain, Diversity, Transparency

(3 Verulam Buildings & ArbTech) and / /5 Comments

International arbitration (IA) maintains its popularity as business’ premier choice of dispute resolution in the 21st century. This does not mean that the process is free from criticism which raises the question how IA attracts and retains the trust of its users in spite of its limitations. The question of trust comes to the fore…

Business and Human Rights Arbitration, Human Rights, ISDS Reform, Transparency

(Durham Law School)/ /Leave a comment

Introducing the Rules Playing its part in the twenty-first century movement to protect human rights, the international legal community has taken a significant step forward by providing for a framework to resolve business and human rights disputes by arbitration. Lead by the former ICJ justice, Judge Bruno Simma, The Hague Rules on Business and Human…

International Investment Arbitration, International Law, International tribunals, Investment, Investment agreements, Investment Arbitration, Investment law, Investment Treaties, ISDS, ISDS Reform, Transparency, Treaty, Treaty Interpretation, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Australian National University) and (University of Vienna)/ /Leave a comment

The growing public interest in investment treaties and investor-State dispute settlement has prompted an increasing number of States to open to public view aspects of investment treaty negotiations. During the negotiation of the Transatlantic Trade and Investment Partnership (‘TTIP’), for example, both the European Union and the United States sought to ‘maximise’ transparency in the…

Arbitration, Enforceability, Human Rights, International arbitration, The Hague Rules, Transparency

(Pinsent Masons )/ /Leave a comment
Young ICCA

Recently, focus has been brought upon the use of international arbitration to solve human rights abuses caused by businesses (“BHR Arbitration“). Disputes involving human rights violations often occur between parties of unequal financial means and commercial sophistication, and in countries which cannot offer an efficient and free from corruption judicial system. Arbitration has the potential…

Accountability, ADR, Arbitration institution, Arbitration Proceedings, Arbitrators, Data Protection, Dispute Resolution, GDPR, Transparency

(Dimitrov, Petrov & Co.)/ /Leave a comment

The new EU data protection framework, in particular the General Data Protection Regulation (GDPR) applicable as of May 2018, dramatically shifted the focus of all organizations towards ensuring transparency and accountability in their data processing operations. The broad material scope of GDPR practically affects any private organization and practitioner within the EU. Moreover, in certain…

Accountability, Arbitration, Arbitration Awards, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrator Intelligence, CAM, CIS, GIAC, ICC, ICC Arbitration, ICC Rules, SCC, SCC Rules, Transparency

(Addleshaw Goddard LLP)/ /Leave a comment
Jeantet

The second edition of the Jeantet “Arbitrating in CEE and CIS” roundtable was held during the Paris Arbitration Week on Thursday 4 April 2019 at the Jeantet offices. The topic of this year’s edition was “Transparency, Accountability and Choice of Arbitrators”. An increasing demand of international arbitration users for more transparency, predictability of decisions and…

Hearings, Investment Arbitration, Supreme Court, Transparency, Transparency in investment arbitrations

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

[I]t is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.1) R v Sussex Justices, ex parte McCarthy [1924] 1 KB 256, 259 (Lord Hewart C.J.) If you sought to distil [the connection between ISDS’s transparency and…

Arbitration, Confidentiality, Confidentiality and Transparency, ICCA Sydney 2018, Publication of Arbitral Awards, Transparency, Transparency in investment arbitrations

(Allens)/ /Leave a comment
Young ICCA

What if Facebook, as a result of its recent negative publicity, had the opportunity to file a request for arbitration against Cambridge Analytica? A key principle of international commercial arbitration is its maintenance of confidentiality, but would the public interest in such an arbitration justify greater transparency? The afternoon panel of the first day of…

Arbitration Proceedings, Commercial Arbitration, Diversity, Party autonomy, Transparency

(PhD Candidate, University of Cambridge)/ /Leave a comment

The Cambridge Arbitration Day (CAD), an annual arbitration conference organised by the Cambridge University Graduate Law Society, took place on the 3rd of March 2018, in Cambridge, United Kingdom. The event was preceded by the Young Practitioners’ Event organised with ICC Young Arbitrators Forum on the 2nd of March 2018, which brought together students and…