“You want to tell us you don’t want to sow, you want to reap” asked the Nigerian appointed arbitrator, Chief Bayo OJO, during oral argument in the arbitration proceedings, to which Nigerian counsel, Chief Ayorinde, responded: “You cannot reap where you do not sow. That is a very Nigerian saying.” (Nigeria v. Process & Industrial…
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…
The English Commercial Court’s September 4, 2020 decision in P&ID v. Nigeria (P&ID) agreed to halt enforcement due to a prima facie case of fraud. This decision introduced a novel perspective to the legal discourse of extension of time to challenge an arbitral award. In particular, the court determined to extend the time to challenge an…
The Guatemalan Constitutional Court (“Court”) recently ruled that a dispute can be too complex for an arbitral tribunal to decide for the umpteenth time. For context, the Court has jurisdiction to rule on the constitutionality of Guatemalan laws upon the request of an interested party. In a recent decision, the Court was tasked with deciding…
Is emergency arbitration’s Achilles’ heel? Or the most effective route out? In which scenarios are parties better advised to turn to state courts for interim relief? Will commercial courts become the new kids on the block, offering a better bet than (emergency) arbitrators for cross-border disputes? These were only a few of the questions discussed…
On 14 September 2023, the DIS Autumn Conference “A World Map of Arbitration in the 21st Century – and What to Find in Germany” showcased Germany’s eminent position in the field. While arbitration hubs like Paris and London enjoy widespread renown, Germany, often underappreciated internationally, offers its own legacy and contemporary prowess. As summarised in…
The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your free subscription to the ITA…
Over two hundred registrants convened on the historic trading floor of the Toronto Stock Exchange on October 19 for the ICC Canada Conference to explore forces and technologies driving change in the practice of international dispute resolution. The conference kicked-off with Myriam Seers’ (ICC Canada Chair, Agora) introduction to a video address from Claudia Salomon…
On October 18, 2023, during the 2023 Canadian Arbitration Week, members of the Young Canadian Arbitration Practitioners (“YCAP“) gathered at Arbitration Place in Toronto, Canada, to discuss the role of tribunal secretaries. Moderator Philippe Boisvert (BLG) and four distinguished panelists – Anne-Marie Lacoste (Quinn Emanuel), Annie Lespérance (Jus Mundi), Kevin Nash (SIAC), and Elsa Sardinha…
Practitioners from Canada and around the world gathered in Toronto from October 16-18, 2023, for the fourth iteration of CanArb Week. The week opened with a keynote address from Canada’s Ambassador to the United Nations, the Hon. Robert Rae, who invoked Blaise Pascal with a reminder that “law without force is powerless, but force without…
Prior to the Supreme Court’s decision in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S. Ct. 2078 (June 13, 2022), certain Circuits permitted parties to private international commercial arbitrations to avail themselves of U.S. discovery proceedings via 28 U.S.C. §1782 (“§1782” or “Section 1782”). The Supreme Court’s decision in ZF Automotive removed that option….
Generally, by virtue of the principle of territoriality, the national courts of a State have jurisdiction only over persons and acts committed within the territory. In this context, the national courts of a State do not have jurisdiction to set aside an award or an order issued in the context of an arbitration whose seat…
Large cases with detailed, extensive submissions and hundreds, if not thousands, of annexes, often lead to a degree of complexity that is hardly digestible. The handling of such cases, most prominently of delay and disruption claims, therefore poses a challenge to practitioners, experts and arbitrators. Common law jurisdictions have developed a specific way to deal…
The Singapore International Arbitration Centre (SIAC) returned to Manila in full force in 2023. While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s ‘SIAC Manila Conference 2023: Deep Dive into Arbitration Trends’ held on 25 May 2023 attracted more than 800 registrants, and SIAC had to cap…
On 16 June 2023, the Brazilian Superior Court of Justice (“STJ”) resolved the Appeal in Special Appeal n. 1,905,505/SP (“Appeal”), reported by Justice Francisco Falcão. The decision was appealed, so that the case will still be judged by the STJ’s second chamber. Nonetheless, the decision is a relevant development concerning arbitration with public entities in…
On 11 August 2023, the Santiago Arbitration and Mediation Center (“CAM Santiago”) – Chile’s main arbitration center – presented its new regulation on emergency arbitration, which was incorporated into the 2021 National Arbitration Rules (the “CAM Santiago Arbitration Rules”). The amended version of these rules also came into effect recently, on 1 September 2023. …
I recently had a conversation with a friend who expressed his worries about the potential implications of artificial intelligence (“AI”), such as ChatGPT, on the future of human labor. He voiced particular concerns regarding the displacement of humans’ roles in business analytics, the field in which his expertise lies. ChatGPT is an AI-driven chatbot that…
In 2013, Deutsche Telekom AG (“DT”), a German corporation, commenced an UNCITRAL arbitration in Switzerland under the Germany-India BIT claiming that India had (amongst other things) breached the fair and equitable treatment (“FET”) standard. In the arbitration, India raised various jurisdictional objections, which the Tribunal rejected in an Interim Award issued on 13 December 2017….
How strong a scent of a conflict will a court tolerate before setting aside an international commercial arbitration award on procedural grounds? In Aroma Franchise Company Inc. et al v. Aroma Espresso Bar Canada Inc. et al, the Ontario Superior Court of Justice set aside a $10 million award as a result of an undisclosed…
On 1 December 2022, the Tribunal in the Panamericana Television S.A (hereafter, “Pantel” or “Claimant”) v. The Republic of Peru (hereafter, “Peru” or “Respondent”) case issued its Final Award, in which not only did it reject the merits of Pantel’s claims, but it also dismissed, among others, the objection ratione materiae formulated by Peru, based on Articles 2,…
On the final day of the CBAr 22nd International Arbitration Conference, the main theme discussed was party autonomy in business contracts, especially amidst scenarios of instability. At a first glance, one might wonder why a specialized conference would tackle such an elementary topic. However, as one of the panelists insightfully emphasized, revisiting the foundational tenets…
On 14 September 2023, the Brazilian Arbitration Committee — CBAr hosted the 2nd day of its annual International Arbitration Conference, following this year’s overarching theme on “Arbitration and Business Contracts”. In recent years, Brazil has seen a resurgence of the study of business contracts as a particular type. Because business transactions (often, international or cross-border)…
From 13 to 15 September 2023, the Brazilian Arbitration Committee – CBAr held its 22nd International Arbitration Conference (“22nd CBAr IAC” or “Conference”) in Rio de Janeiro. Considering that arbitration is most commonly adopted in business contracts, this year’s Conference focused on “Arbitration and Business Contracts”. In the three-day event, the Conference program covered issues…
Enforcing awards against third parties is a perennial issue in international arbitration circles. In Air India Ltd c CC/Devas (Mauritius) Ltd, the Court of Appeal of Quebec considered an award creditor’s ability to seize assets belonging to an award debtor’s alter ego under Quebec law. This case offers significant insight for award creditors wishing to…
