We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Maxim Osadchiy, Calibrating De Novo: Judicial Review of Arbitral Jurisdiction De novo review of arbitral jurisdiction at the post-award stage, that typically involves full, independent assessment of arbitrators’ findings with respect to questions…
In a decision dated 29 December 2023, the Chilean Court of First Instance upheld an earlier decision dated 7 November 2023, which had granted a pre-judicial conservatory measure in support of a potential ICSID arbitration. The ruling prevents the Telecommunications Regulatory Authority of the Republic of Chile (hereinafter, “Chile“) from calling performance bonds of approximately…
Six unpublished awards rendered under the auspices of the International Chamber of Commerce are now available on the KluwerArbitration database, as part of the 2023 volume of the ICCA Awards Series. The arbitrators dealt with a broad range of issues, including the application of the CISG and of the UNIDROIT Principles, principles of contractual interpretation,…
Today, concurrent with the 75th anniversary of the Netherlands Arbitration Institute (“NAI”), the new 2024 NAI Arbitration Rules (the “NAI Rules”) will enter into force and be applicable to NAI arbitrations filed on or after 1 March 2024. The new NAI Rules, which had been last revised in 2015, introduce a number of innovative features…
The UK Supreme Court (“UKSC”) in Tui UK Ltd v. Griffiths [2023] UKSC 48 recently considered the question whether a party must challenge a witness and expert evidence in cross-examination if it wants to have that evidence discredited or disregarded. The Supreme Court affirmed the rule in Browne v Dunn that a party must “put”…
The pro-enforcement presumption is now well-established in Pakistan, where the doctrine continues to be regularly tested before the Pakistani courts. This blog post analyzes the latest developments under the 1958 New York Convention (“Convention”), including international precedents, and relevant Pakistani law on the recognition and enforcement of interim, foreign arbitral awards in Pakistan. The…
The Kingdom of Saudi Arabia (“KSA”) has recently embarked on substantial public investment, both domestically and abroad. Major investments made by the Public Investment Fund, and giga-projects such as Neom, Red Sea Global and Diriyah Gate, clearly demonstrate the KSA’s intention to revolutionise its economy. However, often, with big investment comes the potential for big…
On December 8, 2023, a Permanent Court of Arbitration tribunal composed of José Emilio Nunes Pinto (president), Guido Tawil, and Claus von Wobeser issued its final award in Mota Engil v. Paraguay (the “State” or “MOPC”)1)Mota-Engil Ingeniería y Construcción S.A. – Sucursal Paraguay v. Republic of Paraguay – Ministerio de Obras Públicas y Comunicaciones, PCA…
In a recent case, FCM Investments LLC v. Grove Pham LLC (“FCM v. Grove Pham”), the California Court of Appeal, Fourth Appellate District, Division One (the “Court”) vacated an arbitral award based on a “reasonable perception of possible bias” of a sole arbitrator towards a party who chose to testify using an interpreter. Though FCM…
In line with the Blog’s tradition of “year-in-review” series, this post looks back at some of the key investor-State arbitration developments that took place in Europe in 2023 as we covered them on the Blog (for relevant previous Year-in-Review coverage, see here and here). With the developments in the modernisation of the Energy Charter Treaty…
Acceleration is increasingly on the agenda for construction projects. Its use for decades in the United States in the form of constructive acceleration appears to continue unabated, and there is some evidence that the concept may be sought to be applied more broadly in other jurisdictions, including in the international marketplace through alternative dispute resolution…
Traditionally, investor-state dispute settlement (“ISDS”) has not been linked to Environmental, Social, or Governance principles (“ESG”). At least not explicitly. Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. Interestingly, these matters have arisen even in the absence of explicit ESG regulations…
Indian Prime Minister, Narendra Modi, visited the United Arab Emirates (“UAE”) and Qatar last week as part of a state visit to the Middle East. This visit led to the signing of the India-UAE bilateral investment treaty between Indian Prime Minister Modi and the UAE’s president, Mohamed Bin Zayed on 13 February 2024. Along with the…
In recent years, the Kingdom of Saudi Arabia (“KSA”) has experienced a significant surge in construction projects and notable developments in its energy sector. The unveiling of new Smart Sustainable Cities and Special Economic Zones, aimed at enhancing business prospects, underscores the KSA’s commitment to fostering strategic sector development and attracting high-quality investments. These initiatives…
Clyde & Co LLP partnered with Jus Mundi and Queen Mary University of London (“QMUL”) School of International Arbitration to bring together a number of speakers on the development of arbitration and practice of investment in the Latin American (“LatAm”) region. The event kicked-off with a review of Jus Mundi’s latest energy arbitration report which…
On February 2, 2024, the United States filed an amicus brief (the “Amicus”) responding to a request from the United States (“US”) Court of Appeals for the DC Circuit to provide the US’ position regarding the enforcement of three “intra-EU” investment arbitration awards issued under the Energy Charter Treaty (“ECT”) against the Kingdom of Spain….
The Saudi Center for Commercial Arbitration (“SCCA”) has recently revamped its rules, aiming to solidify its position as a global leader in arbitration. The latest amendments, which have been elaborated in a previous post here, showcase a commitment to efficiency, flexibility, and party engagement, appearing to set a new standard for commercial dispute resolution and…
Amongst the strides taken by the United Arab Emirates (“UAE”) in recent years, there is the improvement made to the enforcement process of foreign awards in the UAE courts. This post examines the legislative changes made in this area, how the UAE courts have approached applications for the enforcement of foreign awards and the grounds…
This post will discuss the scope of arbitration agreements and arbitrability issues under the arbitration law of the Kingdom of Saudi Arabia (“KSA”), as interpreted by the Saudi Judiciary. Some of the principles that have been established by the Saudi judiciary in this regard include the following. Arbitration agreements bind the successors Arbitration agreements…
2023 marked a milestone in the reform of investor-State dispute settlement (“ISDS”). In July 2023, the United Nations Commission on International Trade Law (“UNCITRAL”) Commission notably adopted the Code of Conduct for Arbitrators in International Investment Dispute Resolution (“Code for Arbitrators”) and adopted in principle the Code of Conduct for Judges in International Investment Dispute…
In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”). Non-papers are informal documents usually put forward in closed negotiations with EU institutions. The views in this Non-Paper do not necessarily communicate an official…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following two additional positions with Kluwer Arbitration Blog: (1) Assistant Editor for Europe and (2) Assistant Editor for Investment Arbitration. The Assistant Editor reports directly to the coordinating Associate Editor and is expected to (1) collect, edit, and review guest submissions from the…
The Supreme Court of India (“Supreme Court”), in its recent landmark judgment in In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 (“the 7J Judgment”), provides welcome clarity on the question of enforceability of arbitration agreements contained in unstamped or inadequately stamped contracts, and reinforces…
Expert witness evidence plays a pivotal role in the outcome of arbitrations, particularly in construction disputes. Rarely do construction disputes turn on significant differences between the parties’ versions of the facts, which are flushed out under dramatic, Boston Legal-style cross-examination. More often, it is the skilful application of settled facts by the parties’ legal counsel…
