Uncategorized

Abu Dhabi, Courts, Dubai, MENA, Pathological arbitration agreement, UAE, UAE Federal Arbitration Law, Uncategorized

(Al Owais Advocates & Legal Consultants)/ /Leave a comment

Pathological clauses are not an infrequent occurrence in the arbitration world. We often see arbitration clauses which are poorly drafted and may result in rendering the clause inoperable. Being able to predict how a court would treat a pathological clause would help the parties and specifically the party wishing to file proceedings decide whether they…

Uncategorized, Yearbook Commercial Arbitration

(General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/ /Leave a comment

Subscribers to KluwerArbitration enjoy access to the ICCA Yearbook Commercial Arbitration. The first upload of materials for the 2023 volume of ICCA’s Yearbook Commercial Arbitration is now available on the KluwerArbitration database, with 27 court decisions from 12 countries. Here are some of the highlights. The European Court of Human Rights in BTS Holding v….

Due process, Section 1782 Discovery, Uncategorized, United States, United States Courts

(White & Case LLP)/ /Leave a comment

28 U.S.C. § 1782(a) allows U.S. federal district courts to order discovery against any person or entity “found” in the U.S. “for use” in a proceeding in a “foreign or international tribunal” upon application by “any interested person.”  In 2004, the U.S. Supreme Court in Intel Corp. v. Advanced Micro Devices, Inc. held that the…

Corporate Social Responsibility, Environment, ESG, Investment Arbitration, Investment law, Uncategorized

(Leiden University)/ /Leave a comment

Investor-State dispute settlement (ISDS) has been widely criticized for being a tool in the hands of multinational companies, used to challenge domestic public policy measures even when legitimately adopted in the public interest. Critiques have been notable concerning the asymmetrical nature of international investment agreements (IIAs). While IIAs were concluded to afford protection to foreign…

Australia, Australian Arbitration Week, ICSID Arbitration, ISDS, Uncategorized

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

A seminar on 10 November 2023 during Australian Arbitration Week discussed “Australia’s engagement in the Investor-State Dispute Settlement (ISDS) reform process”. My presentation divided successive governments’ approach into three significant eras over the last decade: anti-ISDS (2011-13), case-by-case ISDS (2014-2021), and uncertainty (since 2022). Some uncertainty has dissipated since the seminar. On 14 November 2022,…

Collateral estoppel, Commercial Arbitration, Latin America, Multi-fora disputes, Res Judicata, Uncategorized

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

A slate of recent cases reminded us how important are the doctrines of res judicata and/or collateral estoppel. Put simply, res judicata is known as claim preclusion because a judicial judgment or arbitral award deciding a particular “claim” will be binding on the parties who participated in that proceeding, whereas collateral estoppel is known as…

BIT, International arbitration, Investment Arbitration, Uncategorized

(AnchayilKumar) and (J. Sagar Associates)/ /2 Comments

India’s Parliamentary Committee on External Affairs (the “PCEA”) recently submitted two reports to the Parliament relating to bilateral investment treaties (“BITs”). The first report –submitted in December 2021 – contained a broad review of India’s engagement with BITs and made several recommendations. The second report – submitted in July 2022 – took note of the…

ADR, ALARB, Climate change, Dispute Resolution, Dispute Settlement, Environment, International environmental disputes, Uncategorized

(Independent Practitioner based in Bogota, Colombia)/ /Leave a comment

This contribution comments on growing global trends in climate change and the important role arbitration can play in the settlement of this type of dispute, specifically in the future dispute resolution landscape in Latin America. In June 2022, the Center for Climate Change Economics and Policy (CCCEP) and the Grantham Research Institute on Climate Change…

ASA Bulletin, Uncategorized

(Editor in Chief, ASA Bulletin; LALIVE) and (LALIVE)/ /Leave a comment

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases; we also add a brief glimpse of the articles of the next issue:   ARTICLES Felix DASSER, Choosing a Seat? Ten Questions to Ask (on Setting-Aside Proceedings) In his message, ASA President…

Deep Sea Mining, Uncategorized

(University of Antwerp)/ /Leave a comment

Various Pacific Island states have become involved in deep seabed mining (“DSM”) in order to reap the allegedly significant benefits to be obtained from extractive activities in the international seabed (“the Area”). According to the government of Nauru, such gains include “employment; training; capacity building; technology transfer; foreign investment; increased tax revenue; and national self-determination”….

Arbitration, Brazil, Conference, Georgetown, Latin America, Uncategorized

(Herbert Smith Frehills) and (MAMG Advogados)/ /Leave a comment

Organized by the Georgetown International Arbitration Society and the Georgetown Brazilian Law Association, in cooperation with the Arbitration Channel, the I Georgetown Brazilian Arbitration Day took place on April 8, 2022. The first edition of the conference discussed some of the main topics of interest in international arbitration as well as the latest developments in…

ICSID, ICSID Amendments, ICSID Arbitration, International dispute resolution, Investment Arbitration, Investment Disputes, Investment law, Uncategorized

(Consultant, World Bank)/ /1 Comment

On 21 March 2022, the Administrative Council of the International Centre for Settlement of Investment Disputes , or ICSID, approved extensive amendments  of ICSID’s Regulations and Rules. The Regulations and Rules prominently include the rules of procedure for arbitration proceedings initiated under the constituent treaty of ICSID, the 1965 Convention on the Settlement of Investment…

Foreign Investment Law, ICSID, ICSID Arbitration, Investor-State arbitration, investor-State arbitration and mediation, ISDS, Uncategorized

(Rommel St. Hill Attorneys-at-Law & International Consultancy)/ /2 Comments

The investor-State dispute settlement system (ISDS) is increasingly confronted with disputes related to climate-related measures. Consequently, this fora has been described as the new frontier in climate-change disputes, as tribunals are slowly becoming a de facto source of climate policy making that directly impacts the regulatory landscape. This blog post discusses the following issues: (i)…

Arbitration Institutions and Rules, Case Management, Ecuador, Institutional Arbitration, Interview of our editors, Interviews with Our Editors, Latin America, Uncategorized

(Locke Lord LLP) and (Herbert Smith Freehills)/ /Leave a comment

Welcome to the Kluwer Arbitration Blog, Ms. Vera!  We are grateful for this opportunity to learn more about the Center for Arbitration and Mediation of the Ecuadorian-American Chamber of ‎Commerce (CAM-AMCHAM Ecuador)‎, and its administration of complex disputes, as well as about the attractiveness of Quito as a seat for international arbitration.  To start, can…

Cyprus, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Uncategorized

(Christos Georgiadis & Associates) and (University of Nicosia)/ /Leave a comment

Cyprus is a hub for international business transactions and tax structures. It is also a place where the assets of numerous multinational corporations and businesses are maintained. As such, it is a place which where the enforcement of international arbitration awards is frequently sought. In light of the above, one would expect Cyprus to be…

Uncategorized

(Georgetown Law) and (Columbia Law School)/ /Leave a comment

This is the third consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international arbitration from the prior year (see prior Blog coverage here and here). As we emphasized last year, the effects of the COVID-19 pandemic on this intersection are likely to remain a…

BVI, English Law, Interpretation of Contracts, Uncategorized

, (Harneys)/ /Leave a comment

How do English and BVI courts address inconsistencies in arbitration clauses? The English Court of Appeal decision in AdActive Media Inc v Ingrouille [2021] EWCA Civ 313 demonstrates that English courts will make every effort to honour the express terms of a contract. In AdActive, the Court of Appeal examined three apparently inconsistent dispute resolution…

Uncategorized

(Pillsbury Winthrop LLP)/ /1 Comment

This year marks the 10th anniversary of the UN Guiding Principles on Business and Human Rights (“UNGPs”), which set out the duties of States and responsibilities of companies to embed human rights considerations in business activities. Of the three Pillars in the UNGPs, Pillar II (principles 11-24) specifically sets out human rights principles by which…

Arbitration Act 1996, England, English Arbitration Act, English Law, Uncategorized

, (King & Spalding)/ /Leave a comment

In Armada Ship Management (S) Pte Ltd v Schiste Oil and Gas Nigeria Ltd [2021] EWHC 1094 (Comm), the High Court considered the interplay between sections 32 and 72 of the Arbitration Act 1996 (the Act) and provided a rare indication of how the courts will consider section 32 applications, identifying when section 32 will…

Climate change, Customary international law, Dispute Settlement, Environment, ICSID Arbitration, International Investment Law, International Law, Uncategorized

(Squire Patton Boggs - Paris)/ /Leave a comment

ISDS has faced harsh criticism from environmental groups as being inimical to the protection of the environment. This post argues that environmental protection is an emerging jus cogens norm, and thus, an arising erga omnes obligation, which investment tribunals must recognize as such. Additionally, it explores the legal consequences of applying this public international law…

Uncategorized

(Dr. Ram Manohar Lohia, National Law University)/ /1 Comment

In December 2020, the EU and UK concluded the negotiations of the  Trade and Cooperation Agreement (TCA). This Agreement is a crucial step towards maintaining a long-standing relationship between the EU and the UK. One of the principal goals of the TCA is to achieve climate neutrality by 2050; with this objective, the treaty establishes…

ACICA, Arbitral seat, Asia-Pacific, Australia, Uncategorized

(Australian Centre for International Commercial Arbitration (ACICA)) and (Australian Centre for International Commercial Arbitration (ACICA) )/ /1 Comment
ACICA 45

Efficiency in arbitration is an area that is discussed so often it almost feels inefficient to discuss it. Indeed, when the Australian Centre for International Commercial Arbitration (ACICA) (in conjunction with FTI Consulting, and with the support of the Australian Bar Association, Francis Burt Chambers and the WA Arbitration Initiative) launched the results of the…

France, Netherlands, Paris Court of Appeal, Recognition and enforcement of arbitral award, Russia, State entity, Uncategorized, United States, United States Courts, Yukos

(Russian Arbitration Association)/ /Leave a comment

The dispute between the former owners of the Yukos oil company and the Russian Federation concerning damages of more than US$50 billion is the largest in the history of arbitration. With thousands of pages written on the topic, the dispute has been summarized in earlier posts (see, amongst others, here and here). Following three arbitrations…

Apparent bias, Appointment of arbitrators, Bias, Deepwater Horizon, Impartiality, UK, UK Supreme Court, Uncategorized, Unconscious Bias

/ /Leave a comment
YIAG

In November last year, the UK Supreme Court (the “Court”) pronounced judgment in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48. It held, among other things, that there was a duty of disclosure for arbitrators in English law. Recognizing the importance of the principle of party autonomy, the Court concluded that parties could,…