On 16 April 2014, the Parliament of the European Union has published legislative resolution No P7_TA-PROV (2014) 0419 on the proposal for a regulation of the European Parliament and of the Council establishing framework for managing financial responsibility linked to investor-state dispute settlement tribunals established by international agreements to which the European Union is a…

This is a response to yesterday’s post by Duarte Gorjão Henriques, “Incorporating IBA Guidelines Into A ‘Code of Ethics’: A Step Too Far?” My unambiguous answer to his title question is “right direction, not far enough!”. My response is from the perspective of an in-house counsel involved in negotiating dispute clauses in cross-border contracts. Henriques,…

On 23 January 2014, the Centre for Judicial Education and Research (CJER) at the City University of Hong Kong (CityUHK) hosted a lecture delivered by Ms. Olga Boltenko, Arbitral Clerk to Neil Kaplan CBE QC SBS. In addition to discussing the advantages and disadvantages of both ad hoc and institutional arbitration, the lecture covered various…

As you may already know, Gary Born is about to finalize a new edition of his magnum opus, International Commercial Arbitration. With 4,500 pages soon to be published (April 2014) in three comprehensive volumes, this revised work will provide practitioners and academics with the most comprehensive and up-to-date commentary on international commercial arbitration. We are…

A recent ruling of the Abu Dhabi Court of Cassation (see Appeal No. 519 of 2013, ruling of the Abu Dhabi Court of Cassation of 2nd October 2013) has done well to surprise the local arbitration community: It exudes a certain measure of inventiveness of the UAE Courts in matters of arbitration and demonstrates a…

This article argues for the inclusion of synopses in arbitral awards, particularly ICSID awards which tend to be widely publicized and often exceed 100 pages in length, and in some cases, 300 pages. As international investment disputes continue to “mushroom” (UNCTAD, 2012), it is important for the arbitration community to think of ways to maximize…

Imagine you are an arbitrator being asked to decide on the validity of a flawed international arbitration agreement. The parties have spent great time and effort negotiating and finally agreeing on the arbitration agreement in question. The parties’ representatives engaged in marathon negotiation sessions. The representatives exchanged correspondence throughout the negotiation. They also preserved each…

For those who may have missed earlier announcements, I’m delighted to inform you of a new content set – Chinese Court Decision Summaries on Arbitration – we added to Kluwer Arbitration in September. Edited by WunschARB, the cases launched last month with 126 summaries of cases concerning enforcement of arbitral awards. Another 139 summaries have…

The Republic of Ghana and the Republic of Argentina have moved to terminate an arbitral proceeding currently pending at the Permanent Court of Arbitration Readers of this blog may recall that Argentina initiated arbitration pursuant to the UN Convention on the Law of the Sea (UNCLOS) in response to the October 2012 detention in Ghana…