Enforcement, Hague Convention on Choice of Court Agreements, New York Convention, Recognition and enforcement of arbitral award

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

We make reference to the Kluwer Arbitration Blog post of 23 September 2016 by Sapna Jhangiani and Rosehana Amin, entitled ‘The Hague Convention on Choice of Court Agreements: A Rival to the New York Convention and a ‘Game-Changer’ for International Disputes?’. That blog concluded that the Hague Convention was potentially a game changer. We respectfully…

Fair and Equitable Treatment, Investment protection, Investor, U.S. Supreme Court, United States

(Three Crowns LLP)/ /Leave a comment
Three Crowns LLP

The U.S. Court of Appeals for the Fourth Circuit recently issued an en banc decision, in International Refugee Assistance Project IRAP v Trump, affirming the district court’s injunction against President Trump’s Executive Order temporarily suspending entry into the United States by individuals from six Muslim-majority countries. Although the case concerns the application of specialized U.S….

Spain, Uncategorized

(B Cremades y Asociados )/ /Leave a comment

There has been much recent judicial activism in Spain in arbitration matters. Although the grounds for annulment of an arbitral award are limited in Spanish Arbitration Law (Article 41) and reflect the UNCITRAL Model Law standards, the volume of recent annulment decisions and the array of issues considered have been noteworthy. The most active court…

Energy, Energy Charter Treaty, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor

(Bocconi University)/ /Leave a comment

The ICSID Tribunal in the case Eskosol S.p.A. in Liquidazione v. Italian Republic (ICSID Case No.ARB/15/50) has recently issued a Decision on Respondent’s Application under Rule 41(5) of the ICSID Rules of Procedure for Arbitration Proceedings (Arbitration Rules). In 2015, Eskosol filed a Request for Arbitration based on Italy’s claimed violation of the Energy Charter…

Arbitration, Damages, Discounted Cash Flow, Investment Arbitration

, (FTI Consulting, Inc.)/ /Leave a comment
ArbitralWomen

Quantum experts often rely on the Discounted Cash Flow (DCF) approach to assess losses. The DCF approach is one of the most widely-used and accepted valuation methods, thanks in large part to its flexibility and the fact that it can be tailored to accommodate a wide array of assumptions. The DCF approach is a method…

DIFC, Dubai

(Blanke Arbitration LLC)/ /Leave a comment

In a recent ruling (see Commercial Case No. 1619/2016, ruling of the Dubai Court of First Instance of 15 February 2017), the Dubai Court of First Instance annulled the DIFC Courts’ rulings in the Banyan Tree line of cases (see Case No. ARB/003/2013, rulings of the DIFC Court of First Instance of 2nd April 2015…

Arbitration Institutions and Rules, Cost allocation mechanisms, Costs in arbitral proceedings, Finland

(The Arbitration Institute of the Finland Chamber of Commerce (FAI)) and (Hannes Snellman)/ /Leave a comment
Finland Arbitration Institute (FAI)

Helsinki International Arbitration Day (HIAD) is an annual arbitration conference organized by the Arbitration Institute of the Finland Chamber of Commerce (FAI). It was held for the sixth time in Helsinki on 18 May 2017. Is There a Simple Solution to Arbitration Costs Allocation? The afternoon of the conference was dedicated to the topic of…

Arbitrator Challenges, arbitrators’ conduct, Deliberations, Disclosure, English courts, Secretary of the Arbitral Tribunal, Tribunal Secretary, Tribunal's assistant

(Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

The English High Court has reinforced its pro-arbitration stance in two recent judgments in the case of P v Q [2017] EWHC 148 (Comm.) and [2017] EWHC 194 (Comm.). Much attention has been devoted to the failed application under section 24 of the English Arbitration Act 1996 (the “Act”) to remove the arbitral tribunal on…

Asia, Journal of International Arbitration

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

VIEWS FROM ASIA Chief Justice Sundaresh Menon, Adjudicator, Advocate, or Something in Between? Coming to Terms with the Role of the Party-appointed Arbitrator Abstract: This article analyses the role of party-appointed arbitrators in international arbitration, providing a comprehensive discussion of the challenges posed to this institution by the growth of arbitration accompanying the expansion of…

Arbitration Institutions and Rules, Arbitration Proceedings, Cost allocation mechanisms, Costs in arbitral proceedings, Finland

(The Arbitration Institute of the Finland Chamber of Commerce (FAI)) and (Hannes Snellman)/ /Leave a comment
Finland Arbitration Institute (FAI)

Helsinki International Arbitration Day (HIAD) is an annual arbitration conference organized by the Arbitration Institute of the Finland Chamber of Commerce (FAI). It was held for the sixth time in Helsinki on 18 May 2017. This year, the event was organized with the support of the ICC International Court of Arbitration and the ICC Finland,…

Annulment, Arbitral Award, Spain

(Linklaters)/ /Leave a comment
Linklaters

On 4 April 2017, the Madrid High Court of Justice (“TSJM”), the court in Spain that handles appeals for the annulment of awards, issued two decisions – Case numbers 43/2016 and 63/2016 – in which it confirms the doctrine already advanced by means of a previous judgment rendered by the same court (see Judgment of…

Arbitration, Economic, quantum

(Infrastructure Economic Consulting, LLC)/ /Leave a comment

When one talks with practitioners about the use of economics in the context of International Arbitrations, the conversation basically focuses on damages determination and what methodologies to use to determine amount of harm. Very often the discussion becomes dry and both sides end up being frustrated.  No doubt discussions around discount rates or valuation methodologies,…

Arbitration, Arbitrators, The Pledge

(Schoenherr)/ /2 Comments
Schoenherr

The numbers are in, and they are encouraging. In the past decade, female arbitrator appointments have more than tripled. Last year alone, arbitral institutions appointed a third more female arbitrators than the year before. Driving this trend is the Equal Representation in Arbitration Pledge (the “Pledge”), a global initiative addressing the gender imbalance in arbitration….

Antitrust arbitration, Arbitration, Arbitration Agreements, Arbitration Proceedings, Competition Law, Enforcement, England, English Arbitration Act, English courts, English Law, European Law, European Union, International arbitration

(University of Aberdeen)/ /Leave a comment

My previous blog post on this topic dealt with two issues stemming from the juxtaposition between the current arbitration legal framework and necessary due process requirements which are specifically developed for antitrust damages proceedings: (1) the necessary regulation of complex arbitration specifically designed for antitrust damages matters, and (2) the need to address information asymmetry…

Enforcement, Hong Kong, New York Convention, Singapore, Singapore Court of Appeal, UNCITRAL Model Law

(Breakpoint LLC)/ /Leave a comment

Introduction The dispute over the enforcement of an arbitration award (“Award”) between the Astro and Lippo groups of companies has been fought out in numerous jurisdictions, notably Singapore and Hong Kong. When Astro sought to enforce the Award it had obtained against Lippo in Singapore, Lippo resisted on the ground that the tribunal (“Tribunal”) lacked…

Kluwer Mediation Blog, Mediation

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

From making the case for understanding the mediator as co-creator, with the parties, of outcomes to exploring the argument that mediators need to be qualified lawyers, there has been much lively discussion on the blog this month. You will also find a post on the key findings of recent empirical research in New Zealand on…

Arbitration, Arbitrator Intelligence, Surveys

(Bocconi University)/ /Leave a comment
Arbitrator Intelligence

After several years in the planning, one year in the making, and many months in the testing, Arbitrator Intelligence (AI) will on 1 June 2017 launch its AI Questionnaire or “AIQ.” The formal unveiling will occur in Singapore at an event hosted by the Drew & Napier law firm, supported by the Singapore International Arbitration…

CJEU, European Commission, European Union, Free Trade Agreements, TFEU

(NL-Investmentconsulting)/ /Leave a comment

On his last day in office, former EU Trade Commissioner De Gucht sent the request for an opinion from the Court of Justice of the EU (CJEU) aiming to get a seal of approval from the CJEU that the EU-SING FTA and all future EU trade and investment treaties fall completely within the EU’s exclusive…

Arbitrator's mandate, arbitrators’ conduct, Deliberations, Ethics, Liability, Set aside an arbitral award

(Rodrigo Elías & Medrano)/ /4 Comments

Back in 2010, an arbitral tribunal composed by Luis Ramallo García (chairman), Miguel Temboury and Santiago Gastón ordered Puma to pay € 98 million to Estudio 2000 for the wrongful termination of their distribution contract. Notably, Mr. Gastón – appointed by Puma – did not sign the award. It was later revealed that he was…

DIFC

(Blanke Arbitration LLC)/ /Leave a comment

In a blog earlier this year, I reported in some detail on the Dubai-DIFC Judicial Committee’s first decision in Daman v. Oger (see Cassation No. 1/2016 (JT) – Daman Real Capital Partners Company LLC v. Oger Dubai LLC, hearing of 19 December 2016, published by the JT in both English and Arabic). By way of…

BIT, Denunciation, Ecuador, ISDS, Termination

(Pérez Bustamante & Ponce and Universidad San Francisco de Quito) and (Pérez Bustamante & Ponce)/ /Leave a comment

As in García-Marquez’s novel, the denunciation of the Ecuadorian bilateral investment treaties (“BITs”) represents a chronicle of a death foretold and the Ecuadorian National Assembly and Ecuador’s President have taken one of the final steps to terminate them. Along the way, the internal termination proceedings have been highly politicized, international investment arbitration has been demonized,…

Investment Arbitration, ISDS, Judicial Economy, Minimum Standard of Treatment, NAFTA, WTO

(US Department of State)/ /1 Comment

The recent mention of “judicial economy” in the award in Eli Lilly and Company v. Government of Canada provides an opportunity to consider judicial economy in investor-state arbitration more generally. In its award of March 16, 2017, the Eli Lilly tribunal determined that certain judicial interpretations of Canada’s patent law did not violate the substantive…

Applicable Law

, (Bříza & Trubač)/ /2 Comments
YIAG

International arbitration takes a great pride in being flexible, adjustable and thus very responsive to the needs of the parties involved. Indeed, in terms of international arbitration imagination has virtually no limits – nothing really prevents parties to an arbitration agreement from agreeing on an arbitration pursuant to the UNCITRAL Arbitration Rules, in the Spanish…

Arbitration, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Corporate disputes, Pocket arbitrations, Russia

(Arbitration Center at the Institute of Modern Arbitration)/ /Leave a comment

One of the most significant changes that the new Russian Arbitration Law introduced, which has been in force for past eight months, relates to the requirement of Governmental authorization for establishing an arbitral institution (more discussion on this can be found in some of previous KAB posts available here, here, here). In particular, the Russian…