Under the Swedish law, when the parties failed to choose the applicable law, their arbitration agreement is governed by the law of the seat of the arbitration, provided that the parties have specified the seat in their agreement. That much is clear. However, when the parties have not stipulated a seat in their agreement, there…
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“NYC“) was drafted in the spirit and with the purpose of encouraging arbitration as a dispute resolution mechanism, by providing for the simple and swift international enforcement of arbitral awards. Today, the NYC’s reach is – with the exception of a few…
One of the major misunderstandings of the Brexit is that it won’t influence London’s importance as a major place of dispute resolution in Europe. Up until now, the adverse consequences of leaving the European Judicial Area have been insufficiently discussed. A first seminar organized by the British Institute for International and Comparative Law and the…
Two recent decisions (nos. 14/2015 and 176/2015) delivered by the Greek Supreme Court analyze the issue of annulling arbitral decisions on public policy grounds. Since arbitration is particularly valuable for the contractual freedom, the general tendency is to restrict the powers of civil courts when they (re)consider and overturn an arbitral award, so that private…
The cover of The Hitchhikers Guide to the Galaxy famously features a “Don’t Panic” button. In the weeks leading up to the Brexit vote, some English law firms posted reassuring articles on the possible effects a vote to leave would have for dispute resolution in London. “Don’t panic” seemed to be a common theme. Yet…
Favorable ICSID awards are undoubtedly a valuable commodity. By virtue of the ICSID Convention, which features 153 Contracting States, such awards are automatically enforceable in nearly 80% of countries around the world. But enforcement of an award is only half of the equation; award holders must also navigate the separate, but equally important, task of executing the…
In May 2016, DRBF gathered in Santiago, Chile, for its annual international conference. The location is testimony to the rising demand and dispute boards practice in the region. Having served for some years in the management of our organization, it is observable that the purpose of the concept proves to be successfully established. Indeed, the…
The epitome – and uncontroversial part – of the legitimate expectations doctrine is that a sovereign’s failure to live up to its promises made towards an investor who relied on such promise to make an investment – or to continue an investment – is a breach of the fair and equitable treatment standard. Practice has,…
On June 6, 2016, the ICSID Secretary General registered a request for arbitration in Global Telecom Holding (GTH) v. Canada. Although the text of the arbitral claim is not yet public, it appears likely that the dispute relates to GTH’s involvement (or attempted involvement) in Canada’s wireless telecommunications sector. This claim may be historic for…
The Trans-Pacific Partnership (“TPP”) is a state-of-the-art multi regional trade agreement that, once ratified, will transform the scenario of international trade and arbitration for the next century. The TPP will have an impact on the rules governing global investment, influencing future and current negotiations of Bilateral Investment Treaties (“BITs”) and Free Trade Agreements (“FTAs”). It…
In recent years, arbitration in the UAE has experienced significant growth among domestic and international users. While there is undoubtedly a positive trend in the use of arbitration as a mechanism to resolve disputes in the UAE, one of the main criticisms is the uncertainty around enforcement of both domestic and international awards, despite the…
Professor Pieter Sanders in 1999 famously asked “Quo Vadis Arbitration”? (Where do you go Arbitration?). In the Indian context this question is particularly relevant in light of the ever-fluctuating framework applicable to arbitrations seated in India. In this post, I will deal with one aspect of this inconsistency, namely the question of arbitrability. The Indian…
Volume 33 Issue 3 contains: ARTICLES SECTION Richard HAPP & Sebastian WUSCHKA, Horror Vacui: Or Why Investment Treaties Should Apply to Illegally Annexed Territories Abstract: The 2014 Crimea crisis, in addition to issues of general international law, triggered questions relating to international investment law and arbitration. One of these is to what extent a state’s…
As part of its centenary celebrations in January 2017, the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) will be launching updated rules. Drafts of the revised SCC Arbitration Rules and Rules for Expedited Arbitrations are now available on the SCC website. A public hearing was held in Stockholm on June 9 to discuss the…
Claudia Pechstein, 44, is a well-known speed skater – she has won 60 medals at international championships and at the Olympics since 1992. However, the media coverage on her seven year juridical battle against a two year suspension imposed on her for a disputed doping rules violation has put her into the spotlight even more…
The recently published Philipp Morris v Australia award concerning Australia’s plain packaging of cigarettes legislation contains important indications regarding the conditions for the timely structuring of investments in order to be able to initiate investment arbitration proceedings. Background of the case Philip Morris International (PMI), a company incorporated in New York, produces cigarettes and owns…
Switzerland is a global hub for commodity traders, and therefore also a significant jurisdiction for disputes arising in the commodities sector. A recent decision of the Swiss Federal Supreme Court (Decision 5A_441/2015 of 4 February 2016 (ASA Bull. 2/2016)) addresses important issues relating to commodity sales contracts and Swiss enforcement proceedings. The case involved arbitral proceedings…
Time and cost efficiency is the most commonly praised argument in favor of arbitration as opposed to state court litigation. The exchanges within the arbitral community as regards strategies to streamline arbitral proceedings in an effort to increase their efficiency are abundant. The issue, quite apparently, ranks high on the hot topic lists of counsel…
Introduction As noted this firm’s previous post on the Chaolaixinsheng case (see Cao Lijun & Lu Leilei, To Be or Not to Be? The Practical Implications of Choosing Foreign Arbitration for Domestic Contracts, 6 March 2015), the Supreme People’s Court of China (the SPC) expressly ruled that foreign arbitral awards made in relation to purely…
On 15 May 2016, the UAE Ministry of Justice and the Abu Dhabi Global Market (ADGM) Courts, the courts of the newly established common law free zone carved out of the heart of Abu Dhabi (see my previous reporting here), entered into a Memorandum of Understanding concerning cooperation in legal and judicial matters with immediate…
Following up on a recent post by Daniela Palacios on 24 May 2016 titled “Emelec vs Canal Uno: How Many Bites Can the Apple Handle?”, this article explores: (i) Ecuadorian courts’ historic approach to the availability of cassation (recurso de casación) against decisions that resolve annulment proceedings of arbitral awards, (ii) the change of approach…
The Asian economy is considered an engine of global economic growth, accounting for almost two-thirds of forecasted global economic growth for 2016.1)“Asia: Growth Remains Strong, Expected to Ease Only Modesty”, International Monetary Fund Survey Magazine, 3 May 2016, https://www.imf.org/external/pubs/ft/survey/so/2016/CAR050316B.htm. Over the last decade, the flows of foreign investment into and out of Asia have consistently…
According to a recent announcement (see the official DIAC website at https://www.dubaichamber.com/en/news/dubai-international-arbitration-centre-opens-an-office-in-difc), the Dubai International Arbitration Centre, widely known by its acronym as the “DIAC”, is set to open a branch in the Dubai International Financial Centre, in shorthand the “DIFC”. This anticipated move is no doubt a promotional exercise to address concerns that the…
A few months ago, Queen Mary University of London and White & Case released their third International Arbitration Survey entitled “Improvements and Innovations in International Arbitration”. One of the many interesting findings of this survey is the apparent growing concern of some users of arbitration with what can be termed “due process paranoia”. Due process…
