ILC Articles on State Responsibility, Investor-State arbitration, State Responsibility, State Responsibility for Damage

(Bottega Di Bella)/ /2 Comments

At a time when Spain is targeted by investment arbitrations (with almost thirty ICSID cases pending against it), the second ICSID-CIAMEN Forum held in Madrid could not be more auspicious.  The event – organized by Marta Lya Martini Briceño and José María Beneyto from the CIAMEN (Centro Internacional de Arbitraje, Mediación y Negociación) with the…

Arbitration, Arbitration Awards, Arbitration Proceedings, Blockchain, Enforcement, International arbitration

(Albright StoneBridge Group)/ /Leave a comment

Sometimes, the establishment needs to step aside to let the next promising generation create a new way forward: So it commences with entrepreneurial students at the University of Miami, combining talents of engineering, technology, and international law and arbitration. It is by thinking out of the box that disruptive changes happen and they must in…

Journal of International Arbitration

(WilmerHale & Queen Mary University of London)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Klaus Peter Berger, The Direct Involvement of the Arbitrator in the Amicable Settlement of the Dispute: Offering Preliminary Views, Discussing Settlement Options, Suggesting Solutions, Caucusing This article explores the question whether and to what…

CETA, Investment Arbitration, ISDS, NAFTA, USMCA

(NL-Investmentconsulting)/ /Leave a comment

Zooming out from the excellent analysis of Robert Landicho and Andrea Cohen on the specific changes that the USMCA as the intended successor of NAFTA will bring for investment protection and ISDS, this contribution will place the USMCA in a global perspective, in particular regarding the efforts of the EU to replace ISDS system with…

ICC Arbitration, Public Policy, Set aside an arbitral award, Switzerland

(von Segesser Law Offices) and (Rihar & Thouvenin Dispute Resolution)/ /1 Comment

In a decision dated 26 July 2018 and published on 29 August 2018, the Swiss Federal Supreme Court (the “Supreme Court”) dismissed an appeal to set aside an arbitral award as it found that Swiss public policy was not violated by a sole arbitrator’s confirmation of a success fee owed to a Swiss law firm…

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

, (Holland & Knight LLP)/ /Leave a comment

Allegations of fraud and forgery of a sales agreement are for an arbitral tribunal to decide and a party should not ignore a notice of arbitration. This is according to a federal judge who enforced an award against a party that claimed the agreement was forged and did not participate in the arbitral proceedings. On…

Canada, Investment Arbitration, Investment protection, Investment Treaties, Investor-State arbitration, ISDS, Mexico, NAFTA, USA, USMCA

, (Vinson & Elkins LLP)/ /Leave a comment
Young ITA

President Trump’s October 1, 2018 announcement that the United States, Canada, and Mexico have reached an agreement to replace the 1994 North American Free Trade Agreement (NAFTA) marks a veritable sea change in investor-state dispute settlement in the region. Previous and prospective users of NAFTA’s dispute resolution procedures will immediately note that this new free-trade…

Asian International Arbitration Journal

(The Arbitration Chambers) and (Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

Kluwer Law International and the Singapore International Arbitration Centre (SIAC) are pleased to announce their new partnership in publishing the latest edition of the Asian International Arbitration Journal (AIAJ). In this 2018 publication, Mr Gary Born, President of the SIAC Court of Arbitration, joins Professor Lawrence Boo as a General Co-Editor of the AIAJ. The…

Arbitration Agreement, Arbitration Institutions and Rules, CIETAC, Delhi High Court, Enforcement, India

(Baker McKenzie FenXun)/ /Leave a comment

Background on CIETAC Split Up until May 1, 2012 CIETAC had a branch in Shanghai named CIETAC Shanghai Sub-commission (the “Old Sub-commission”). This Old Sub-commission used the same CIETAC arbitration rules but was administered by a secretariat semi-independent of that of the head office of CIETAC in Beijing. On May 1, 2012 CIETAC launched its…

Kluwer Mediation Blog, Mediation

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

“In every negotiation the most important work is done by those in the shadows.” Ian Wishart, as quoted by Bill Marsh in “Personal Connections.” August and September offered a particularly varied and vibrant selection of posts on the Kluwer Mediation Blog. The topics addressed, to name just a few, include: developments in the creation of…

Court of Arbitration for Sport, FIFA, Jurisdiction, Public Policy, Switzerland

(LALIVE)/ /Leave a comment
Young ICCA

Over the last few years, third-party ownership of soccer players (“TPO”) has become controversial. TPO is a mechanism through which a soccer club assigns a player’s economic rights, including the right to benefit from transfer fees every time the player is transferred to another club, to third-party investors in return for a financial counterpart. Considering…

BIT, ICSID Arbitration, ICSID Convention, India, Jurisdiction, kompetenz-kompetenz, Parallel Proceedings

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Young ICCA

A key issue that has assumed importance in BIT arbitrations today is the role of state courts vis-à-vis investment tribunals. Two aspects of this issue become particularly relevant when courts are faced with claims of vexatious BIT arbitrations: (i) the law applicable in the court’s supervisory capacity, and (ii) the extent to which courts can…

Arbitration, China, Courts, DIFC, International Courts, Singapore International Commercial Court

(Anli Partners)/ /Leave a comment

In June 2018, China launched its first and second International Commercial Courts (the “CICC”). The advent of them represents a prolonged attempt of China to upgrade its judicial system by transplanting the advanced international practices to, according to the Supreme Court of China (the “SPC”), “provide services and protection for the “Belt-and-Road” construction (the “BAR”)”….

Arbitral seat, Arbitration, Arbitration clause, Domestic Courts, Enforcement, Turkey

, (Çakmak Avukatlık Ortaklığı)/ /Leave a comment

In a recent decision, Turkey’s Court of Cassation refused to enforce an arbitration clause in an English language contract between a Turkish party and a foreign party based on Turkey’s national language requirement for commercial enterprises, the Code on the Mandatory Usage of the Turkish Language in Commercial Enterprises No. 805 (“Law No. 805”). The…

China, CIETAC, Courts, Enforcement, Interim measures

(CIETAC (HK)) and / /Leave a comment

The Inauguration On 2 July 2018, CIETAC established its second arbitration centre outside mainland China – the North America Arbitration Center in Vancouver, Canada. Co-organised by CIETAC and the Vancouver Economic Commission, the inauguration ceremony was graced by the presence of the Honourable Bruce Ralston, Minister of Jobs, Trade and Technology of the Government of…

Arbitration institution, Arbitrator Challenges, Conflicts of interest

(ILS Law College)/ /2 Comments

Arbitrator neutrality remains an imperative prerequisite in international commercial arbitration. After all, the primary advantage of arbitration is that parties have the ability to choose their own decision-makers.  The issue of advance waivers typically arises at the time of appointment, when the arbitrator reserves the right to continue as an arbitrator despite the occurrence of…

b-Arbitra | Belgian Review of Arbitration

(Bird&Bird) and (Tossens Goldman Gonne)/ /Leave a comment

We are pleased to present you with this new issue of b-Arbitra, which is once more filled with thought provoking articles and new developments. This issue is published as part of our cooperation with Wolters Kluwer. As announced, our journal is now also accessible in digital form on Jura in Belgium and in the Kluwer…

Arbitral Award, Enforcement, New York Convention, Russia

(Egorov Puginsky Afanasiev & Partners)/ /Leave a comment

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) has its own scope – it states that it “shall apply to the recognition and enforcement of arbitral awards”. Only decisions made by arbitrators are to be considered “awards” within the meaning of the New York Convention1)UNCITRAL Secretariat Guide on the…

Arbitration, Brazil, Latin America, Litigation, Third party funding

, (Woodsford Litigation Funding)/ /Leave a comment

Litigation finance continues expand rapidly on a global basis, including in Latin America. The region’s code-based civil systems generally permit litigation funding and the continued growth in arbitration make it an attractive market for funding. Brazil, as the region’s largest economy, and with a well-developed and sophisticated legal system, is leading the way.  Moreover, local practitioners…

Arbitration, Confidentiality, International Commercial Arbitration, Scope of Confidentiality

(DLA Piper)/ /2 Comments

Confidentiality is usually mentioned among the advantages of international commercial arbitration (ICA). The thought that confidentiality is an innate attribute, seems to be an attractiveness considered to choose ICA to settle disputes. For a long time, it did not seem to be questioned that the private nature of the arbitration process also forced the parties…

Enforcement of an arbitration clause, Interim measures, interim relief, Ukraine

(Asters)/ /Leave a comment

On 15 December 2017, the renewed Supreme Court was launched in Ukraine, which triggered the entry into force of the new amendments of, inter alia, Civil and Commercial Procedure Codes. Within this broader judicial reform, a number of long-awaited changes in legal framework for international commercial arbitration have been brought forward, including the following: reducing…

Agency, Arbitration Agreement, Company Law, Singapore

(Joseph Tan Jude Benny LLP)/ /Leave a comment
YSIAC

Joint venture agreements increasingly provide for arbitration, allowing the JV partners to resolve matters privately.  Where a director of a JV company (or JV partners) is sued in his capacity as a director in relation to matters arising out of the joint venture agreement, can he also rely on the arbitration agreement in the joint…

India, Set aside an arbitral award

, (Nishith Desai)/ /Leave a comment
YSIAC

A mandatory legal provision is one that a party has no choice but to obey, whereas a directory provision is one which the party is encouraged to obey. In other words, a mandatory provision must be observed, disobedience of which would lead to a nullification of the legal act, whereas a directory provision is optional….

Arbitral seat, Arbitration, Asia-Pacific, Australia

(University of Sydney & Williams Trade Law) and (Universiti Brunei Darussalam & University of Sydney)/ /1 Comment

With some fanfare, on the sidelines of the ICCA Congress hosted in Sydney over 15-18 April, the Australian Trade and Investment Commission (Austrade) unveiled a glossy brochure entitled “Australia’s Capability in International Commercial Arbitration”. This blog posting explains its key contents, identifying both convincing and unconvincing aspects. Our later blog posting will compare Japan as…