Investment, Investment Arbitration, Investment protection, Investor-State arbitration, ISDS, ISDS Reform

(Chartered Institute of Arbitrators)/ /Leave a comment
Chartered Institute of Arbitrators (CIArb)

At the heart of the debate surrounding Investor-State Dispute Settlement (ISDS) Reform is UNCITRAL Working Group (WG) III.  Until two years ago, WG III was dedicated to discussing issues surrounding online dispute resolution.  But in 2017, in response to several significant awards against states in investment arbitration and corresponding public outcry, the WG III was…

Arbitration, BIT, International arbitration, Investment Arbitration, ISDS, ISDS Reform, Multilateral Investment Court

, (Hanotiau & van den Berg)/ /Leave a comment

On 22 November 2018, the Belgian Ministry of Foreign Affairs, Foreign Trade and Development Cooperation hosted a High Level Event on the Reform of Investment Protection. Distinguished panellists from arbitral institutions, international organisations, academia, civil society, arbitration users and legal practitioners presented diverse views on the need for reform of the system of investor-State dispute…

Arbitrator Intelligence, Arbitrators

(Bocconi University)/ /Leave a comment
Arbitrator Intelligence

After years of research, development, data collection, analysis, and refinement, Arbitrator Intelligence (AI) is unveiling a Prototype of its forthcoming Arbitrator Intelligence Reports, or AI Reports. The formal launch of the Prototype is scheduled March 1 at Vienna Arbitration Days, with a special London Launch of the Prototype on March 4 at 6:00pm at WilmerHale….

Blockchain, Climate change, Green Investments, Investment Treaties, Multilateral Investment Treaties, Sustainability

(General Editor Journal of International Arbitration)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Annette Magnusson, ‘Foreword: The Story of the Stockholm Treaty Lab’ (2019) 36 Journal of International Arbitration, Issue 1, pp. 1–6 In 2015, the world community adopted the Paris Agreement and the Sustainable Development Goals,…

Georgia, ICC, ICC Arbitration, Recognition and enforcement of arbitral award, Russia, Unilateral Clauses

(New Vision University / Georgian Association of Arbitrators)/ /5 Comments

“May” means “Shall” in Georgia! – this was the telephone message I received on January 18, 2018 from a colleague who had just been informed in the courtroom that the ICC arbitration clause he was relying upon was upheld by the Supreme Court of Georgia. I had been following this case [Supreme Court of Georgia…

Africa, Challenge of Arbitral Award, Enforcement

(Hogan Lovells )/ /Leave a comment
Hogan Lovells

Legislative Framework   After much anticipation, the South African International Arbitration Act 15 of 2017 (“new Act”) was welcomed by arbitration practitioners in December 2017. The intention of the new Act has been to incorporate the UNCITRAL Model Law as the cornerstone of the international arbitration regime in South Africa. The South African Arbitration Act…

Arbitral Award, Brazil, Brazilian Arbitration Act, Concession Agreement, Confidentiality, Latin America, Public Contract, Public Entities, São Paulo, Time Management

(MVA Advogados)/ /Leave a comment

A long-term dispute between Libra Terminais S.A., Libra Terminais Santos S.A., two companies belonging to one of the major port operating groups in Brazil (“Libra Terminais”), and the Dock Companies for the State of São Paulo (“CODESP”) seems to have been concluded by a recent arbitral award. The dispute concerned a concession agreement of two…

Cybersecurity, Cybersecurity Protocol, Surveys

(Bryan Cave Leighton Paisner LLP)/ /1 Comment
Bryan Cave Leighton Paisner LLP

In recent years there has been a dramatic increase in cyber-attacks on corporates, governments and international organisations. Arbitration proceedings are not immune from the threat of attack as previous incidents demonstrate. The publication last year of a draft Cybersecurity Protocol for International Arbitration by the International Council for Commercial Arbitration, the International Institute for Conflict…

Arbitration, Joinder, Third Party, UAE Federal Arbitration Law, United Arab Emirates

(Watson Farley & Williams (Middle East) LLP)/ /Leave a comment

In June 2018, the long awaited UAE Federal Arbitration Law (Law No. 6 of 2018) entered into force, repealing the arbitration specific provisions (“UAE Arbitration Chapter”) contained in the UAE Civil Procedure Code (Law No. 11 of 1992). Whilst it is fair to say that the new UAE Federal Arbitration Law failed overall to meet…

Arbitration Awards, arbitrator-party relationship, Arbitrators, Challenge of Arbitral Award, ICSID Proceedings, Investment Arbitration

(Geneva MIDS)/ /Leave a comment

Introduction On 14 December 2018, an ICSID committee issued a decision on annulment of the award of Suez, Sociedad General de Aguas de Barcelona S.A., and InterAguas Servicios Integrales del Agua S.A. v. The Argentine Republic, ICSID Case No. ARB/03/17 (“Suez 03/17”) in which it declined to uphold the application for annulment from Argentina. This…

Arbitration Agreement, Repudiation, Singapore, Singapore Court of Appeal

(Fountain Court Chambers)/ /1 Comment

In Marty Ltd v Hualon Corporation (Malaysia) Sdn Bhd [2018] SGCA 63, the Singapore Court of Appeal held that an arbitral tribunal had no jurisdiction because the claimant in the arbitration (“Hualon”) had repudiated the arbitration agreement1)See here another discussion of this case from the Singapore law perspective. Of most interest, the decision appears to create…

Consent, Joinder, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Sport arbitration, UNCITRAL Model Law

(Simmons & Simmons) and (Norton Rose Fulbright LLP)/ /1 Comment

Consent has long been accepted as the cornerstone of arbitration, until recently. The evolution and expansion of arbitration brought about diverging opinions on the consensual character of arbitration. For example, Stavros Brekoulakis suggested that “[w]hile … a functional concept of consent may enhance the effectiveness of arbitration clauses in complex transactions, it is very difficult…

EU Law, European Commission, ICSID Arbitration, Multilateral Investment Court

(Omnia Strategy LLP)/ /1 Comment

The 4th EFILA Annual Conference, held in London on 31 January 2019, offered a lively discussion about the future of the European investment policy among the EFILA’s distinguished guests. As expected, the focal topics were the ISDS reform, the EU proposal for Multilateral Investment Court (“MIC”), and the way forward. The MIC proposal was the…

Ad hoc arbitration, Arbitral Award, Arbitral Tribunal, Arbitration, Europe, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, Turkey, Uncategorized

, (Baysal & Demir Law Firm)/ /Leave a comment

The Public Policy Exception as an Unruly Horse There is an ongoing quest for a uniform application of the New York Convention. However, the interpretation of the exceptions to enforcement still varies. Albeit applying the same provisions, national courts continue to adopt different approaches to the enforcement of foreign arbitral awards. This is particularly true…

Arbitration, Arbitration Proceedings, Enforcement, Evidence, International arbitration, Scope of an arbitration agreement

(Rihar & Thouvenin Dispute Resolution)/ /Leave a comment

This is the 1st part of the report highlighting the most significant arbitration-related decisions of the Swiss Federal Supreme Court (the “Supreme Court”) published in 2018. Consent to Arbitrate In two decisions, the Supreme Court dealt with the validity of an arbitration agreement under Swiss law. It set aside both awards – two of rather…

Arbitration, Arbitration Proceedings, Costs, Costs in arbitral proceedings, Enforcement, Jura Novit Arbiter, Res Judicata, Success Fee

(Rihar & Thouvenin Dispute Resolution)/ /Leave a comment

This is the 2nd part of the report highlighting the most significant arbitration-related decisions of the Swiss Federal Supreme Court (the “Supreme Court”) published in 2018.   Jura Novit Arbiter In the decision 4A_525/2017 of 9 August 2018, published on 26 September 2018, the Supreme Court dealt with the principle of jura novit arbiter, controversial…

Japan, Japan Commercial Arbitration Association, JCAA, Prague Rules

, , and (Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

Overview1)The views expressed herein are those of the authors and should not be construed as necessarily reflecting those of their firm or of any of its clients. On 1 January 2019 the Japan Commercial Arbitration Association (the “JCAA“) amended its two current sets of arbitration rules. At the same time, it introduced an additional set…

Amicable Settlement, CETA, EU-Vietnam Free Trade Agreement, European Union

(OP Jindal Global University, India)/ /Leave a comment

An intriguing feature of Investment court system (“ICS”) of resolving disputes in Comprehensive and Economic Trade Agreement (“CETA”) and the European Union-Viet Nam Investment Protection Agreement (“EUVIPA”) is the amicable resolution of disputes to avoid long and expensive burden of Investor-State Dispute Settlement (“ISDS”) (see Art. 8.19 (1) CETA and Art. 3.39 EUVIPA). Another exceptional…

Africa, Arbitration, Arbitration Proceedings, Arbitrators, ICSID, Investment Arbitration

(Reed Smith)/ /Leave a comment
AfricArb

Foreign Direct Investment into Africa has increased from $10 billion in 19991)UNCTAD, World Investment Report (2000), p. 40. to $41,8 billion in 2017.2)UNCTAD, World Investment Report (2018), p. 38. Makhtar Diop, former World Bank Vice President for the Africa Region, pointed out that “Intra-African investment is also on the rise, creating a virtuous circle”.3)M. Diop,…

CIETAC, HKIAC, HKIAC Rules, Hong Kong, Investment Arbitration, Singapore, Third party funding

(Fangda Partners)/ /1 Comment
HK45

As an arbitration hub, Hong Kong has an enviable pedigree. The territory boasts a modern workable arbitration law, robust legal system, and a cohesive arbitration community. It is routinely ranked highly in indices of economic freedom; judicial independence; and perceived arbitration friendliness. In the Year of the Dog, Hong Kong’s authorities and institutions have continued…

Arbitration, Arbitration Awards, Arbitration Proceedings, Estoppel, Ordre Public, Russia

, (Khrenov & Partners)/ /Leave a comment

The Supreme Court of the Russian Federation recently ruled that initiation of a second arbitration from the same contract violates the principle of legal certainty which forms part of the Russian ordre public (Ruling of the Supreme Court of Russian Federation dated 27.09.2017 docket number N 310-ЭС17-5655, А54-3603/2016). The reasoning of the decision is comparable to the…

Blockchain, Cybersecurity, Cybersecurity Protocol, International Arbitration Procedures, LegalTech, Queen Mary- White & Case Survey, Technology

(QIL + 4 ABOGADOS / Universidad Francisco Marroquín)/ /Leave a comment

Parties to arbitration, just like “millennials”, are dependent on digital data and network systems. Currently, most of the data created is used and stored in digital formats using internet and computer technology. This should not be surprising; the online world enables people to interact and behave in new and efficient ways. However, the resulting dependence…

DIFC, DIFC conduit jurisdiction, Dubai, Middle East, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

At the dawn of the New Year, it is time to provide an update on the Dubai International Financial Court (DIFC)’s role as a conduit. Since the DIFC’s first entry onto the jurisdictional landscape as a conduit for the recognition and enforcement of awards for onward execution against assets of award debtors in onshore Dubai,…

Kluwer Mediation Blog, Mediation, Mediation Act

(Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

The end of 2018 and the start of 2019 brought the usual diversity of posts on the Kluwer Mediation Blog.   Topics addressed include: recent legislation on mandatory mediation in Turkey, lessons on mediators’ liability from a New Zealand Court of Appeal decision, reflections from the recent “Tbilisi Mediation Days” conference in Georgia, and the recent…