ASEAN, Asia, Investment agreements, Investment Arbitration, Trans-Pacific Partnership

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

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…

Arbitration Institutions and Rules, DIFC, Domestic Courts, Dubai, Enforcement, Middle East, UAE

(Blanke Arbitration LLC)/ /Leave a comment

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…

Due process, England, English Law

(Hughes Hubbard LLP)/ /2 Comments

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…

DIFC, Maritime Arbitration, Middle East

(Blanke Arbitration LLC)/ /Leave a comment

On 18 April 2016, following earlier anticipation (see my blog here), the Emirates Maritime Arbitration Centre, in shorthand “EMAC”, was finally established by virtue of a decree issued by His Highness Sheikh Mohammed bin Rashid Al Maktoum in his capacity as the Ruler of Dubai (see Decree No. 14 of 2016 establishing the Emirates Centre…

Dual Nationals, Investment Arbitration, Investor, ITA

(Covington and Burling LLP)/ /Leave a comment

YAI TALKS#, a new conversation series launched by the ITA Young Arbitrators Initiative (YAI) under the leadership of YAI chair Montserrat Manzano (Von Wobeser y Sierra, Mexico City) and vice chair Silvia Marchili (King & Spalding, Houston), kicked off on May 12 in Washington, D.C., with a debate on claims by dual nationals against countries…

Women in arbitration

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ArbitralWomen

By Mirèze Philippe, Special Counsel at the Secretariat of the ICC International Court of Arbitration, and Founding Co-President ArbitralWomen The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s institution. The launch of the Equal Representation in Arbitration…

ADR, Mediation

(Pepperdine University School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The mounting global preoccupation with mediation, reflected in a growing array of institutions, programs, laws and regulations; an international “evangelical” movement; and mounting impetus for an international convention promoting the recognition and enforcement of mediated settlement agreements; should be accompanied by collective reflection, dialogue and discernment regarding present trends. These were the themes of my…

Arbitration Awards, New York Convention, Uncategorized

(University College Cork)/ /1 Comment

It is generally accepted that arbitral tribunals enjoy a “liberty of decision”, which I have suggested as meaning, “the freedom of the arbitral tribunal from external restraint, compulsion, or interference in making its decision…”[1] Such a right may be viewed as a facet of the justiciable right to freedom of expression, since the exercise of…

Argentina, Commercial Arbitration, Latin America, Willem C. Vis Moot

(Permanent Court of Arbitration) and (Knoetzl Haugeneder Netal Rechtsanwaelte GmbH)/ /Leave a comment

“And the winner is Buenos Aires” said Alice Fremuth-Wolf, deputy Secretary General of the Vienna International Arbitral Centre and presiding arbitrator of the final round, in the afternoon of 24 March 2016. This was the moment that a group of coaches, students and former students of the University of Buenos Aires (“UBA”) had long worked–and…

Appeal, English Arbitration Act, Uncategorized

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Enyo Law

A few months ago a piece was published on the Kluwer blog on s. 69 of the English Arbitration Act, a provision which gives a party to an English-seated arbitration a limited right of appeal on a point of law (absent an agreement to the contrary with its contractual counterparty).  Based on a review of…

Appeal, Appellate Body, ISDS, Latin America, South America, Treaty

(Herbert Smith Freehills) and (CMS)/ /Leave a comment

Latin America is the region that has faced the largest number of investment treaty arbitration cases in the world, holding 30% of the total ICSID caseload (549 cases as of December 31, 2015).  South America alone, comprised by twelve UNASUR members, has faced 131 ICSID cases with a number of adverse outcomes for the host…

Law of the Sea, Permanent Court of Arbitration, State-to-state arbitration, Transparency, UN and Int’l Organizations, UNCLOS

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

On 26 June 2015 Italy commenced inter-state arbitral proceedings by serving on India a notification of dispute under Article 287 and Annex VII, Article 1 of the United Nations Convention on the Law of the Sea (“UNCLOS”); both States are Parties to UNCLOS. In Italy’s submission the dispute concerns an incident approximately 20.5 nautical miles…

Interpretation of Contracts, Singapore, Singapore Court of Appeal

(Norton Rose Fulbright)/ /7 Comments
YSIAC

In a series of cases since 2008, the Singapore Court of Appeal (Singapore’s highest court) has been articulating the contours of a contextual approach to contractual interpretation. Under this contextual approach, the Singapore courts “must ascertain, based on all the relevant objective evidence, the intention of the parties at the time they entered into the…

Arbitration, Arbitration institution, Dispute Resolution, ISDS

(University of Cologne, Center for Transnational Law (CENTRAL)) and (WilmerHale)/ /Leave a comment

When questioned what the users of arbitration expect from the process and what its main pitfalls are, the answer is usually unequivocal: the need for time and cost-efficient proceedings leading to a well-considered decision is not consistently met. The reason for this complaint is obvious: the ‘Golden Age’ of arbitration has made way for a…

Arbitration clause, Hong Kong

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HK45

Parties entering into related contracts should carefully consider how future disputes ought to be resolved. This post will look at a recent Hong Kong decision in Bluegold Investment Holdings Limited v Kwan Chun Fun Calvin [2016] HKEC 532 (“Bluegold Case”) involving the construction of inconsistent dispute resolution clauses in related contracts. We will also discuss how…

Arbitration, Bosnia and Herzegovina, Domestic Courts, Review on the merits, Set aside an arbitral award

(University of Aberdeen)/ /1 Comment

As previously discussed, the U.S. Department of Commerce, the Bosnian Chamber of Commerce and Industry and the Association ARBITRI organized in April 2016 two arbitration events in Sarajevo, Bosnia and Herzegovina [“BiH”], with the aim to promote awareness of modern international practice and developments of law, and to encourage the reform of national laws, regulations…

Arbitration, CJEU, Intellectual Property

(JAMS International)/ /Leave a comment

On a reference from the Cour d’Appel de Paris, A.G. Wathelet upholds the primacy of an arbitral award as compatible with Art.101 TFEU in Genentech, Inc. v Hoechst GmbH / Sanofi-Aventis GmbH, Case C-567/14 (Opinion of Advocate General Wathelet: 17 March 2016). 1. The Facts 1.1 The Patent License In 1992 a predecessor of Hoechst/Sanofi-Aventis…

Arbitration institution, Arbitration Institutions and Rules, Ethics

(Vanderbilt Law School)/ /1 Comment
Institute for Transnational Arbitration (ITA)

On March 30, ITA and ASIL co-hosted their annual meeting in Washington, DC, and this year’s theme was “A Spotlight on Ethics in International Arbitration: Advocates, Arbitrators and Awards.” One of the panels explored the question of where best to house authority for determining the ethical obligations of parties and their attorneys. I moderated the…

Arbitral Tribunal, Procedure

(D|R Arbitration & Litigation)/ /2 Comments
YSIAC

A foundational principle of international commercial arbitration is that of party autonomy. Article 19(1) of the UNCITRAL Model Law reflects this and states: “Subject to the provisions of this Law, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.” Notwithstanding the parties’ broad freedom…

ITA

(WAGEMANN Arbitration)/ /1 Comment
Institute for Transnational Arbitration (ITA)

This post initiates a series of posts highlighting key cases published in ITA Arbitration Report, a monthly subscription service provided by the ITA Board of Reporters and available for free at KluwerArbitration.com. The three issues published during the 1st Quarter of 2016 contain more than 60 cases from different jurisdictions worldwide. The selection made for…

Set aside an arbitral award, Yukos

(Clyde & Co. LLP), (Clyde & Co.), and (Clyde and Co)/ /Leave a comment
Clyde & Co.

Introduction The Hague District Court ruled on 20 April 2016 to reverse a PCA tribunal’s decision against Russia to pay damages in excess of US$50 billion to the former majority shareholders of Yukos Oil Company, which was once the largest oil company in Russia (see earlier blog post on the Hague Court’s decision). The Hague…

Africa, Arbitrator's Fees, OHADA

(Bocconi University)/ /11 Comments
Arbitrator Intelligence

The facts in Getma v. Guinea case seem familiar enough, but the facts leading to annulment of the award involve a wholly unexpected plot twist—a showdown between an African arbitral institution and the arbitral tribunal over the tribunal’s fees. When the annulment decision in Getma v. Guinea first came out, it received considerable attention, including…

Arbitration Act, Domestic law, Hungary

, (Schoenherr)/ /Leave a comment

The Hungarian arbitration Act (Act LXXI of 1994 on arbitration, “the Act”) has barely “turned 22” and the pressure to replace it with new legislation has popped up. Considering the current, rapid reform of effective laws in Hungary – meaning that relatively new legislation which has been in force for only five to ten years…