Arbitral Tribunal, Arbitration, IBA Guidelines on Conflicts of Interest, LCIA Arbitration, LCIA Guidance Notes for Arbitrators

(Hughes Hubbard LLP)/ /Leave a comment

Background At the end of June 2015, the London Court of International Arbitration issued three new guidance notes to accompany its 2014 arbitration rules. The guidance notes, entitled: “Notes for Parties”, “Notes for Arbitrators”, and “Notes on Emergency Procedures” are available on the institution’s website. In issuing the guidance notes, the LCIA has followed in…

Arbitral Tribunal, France, Functus Officio, Jurisdiction

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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 law firm. There are a number of questions that influence how arbitration treats cases in which an award is challenged successfully. A court overturns an award declining jurisdiction,…

Arbitration, Awards, DIFC, Dubai, Enforcement, ICC Arbitration, International arbitration, MENA, Middle East, New York Convention, Public Policy, Recognition and enforcement of arbitral award, Stay of Proceedings, UAE, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

By Order of 11 May 2015 (unpublished) in Case No. ARB 005/2014 – A v. B, Justice Sir David Steel of the Dubai International Financial Centre (DIFC) Court of First Instance dismissed an application made by an award debtor to set aside an order granted by the DIFC Court on 8 January 2015 (unpublished) for…

Energy, Energy Charter Treaty

(University of Portsmouth)/ /1 Comment
Institute for Transnational Arbitration (ITA)

In May this year some seventy-five states and institutions adopted (of which sixty-five signed) the International Energy Charter (IEC) in The Hague ministerial conference to herald a new age of global energy co-operation. The Charter is a political declaration by states and it modernises its predecessor the European Energy Charter (1991) – the foundation of…

interim relief

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

There appears to be a gradual shift in international arbitration, towards an assumption that parties to an arbitration agreement who are seeking interim relief will look first to the tribunal, rather than to the national courts.  This is seen in recent iterations of the institutional rules, such as the 2012 ICC Rules, the 2014 LCIA…

Arbitral Award, Arbitral Tribunal, Germany, Set aside an arbitral award

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This article discusses the successful challenge of a unanimous arbitral award on the grounds that the arbitral tribunal was improperly constituted due to the bias of one of the three arbitrators. The challenge was successful before the Higher Regional Court of Munich (Decision of Feb. 2nd 2014, Case 34 Sch 7/13). The German Supreme Court,…

Anti-arbitration, Arbitral Tribunal, Arbitrator Intelligence, Arbitrator's Fees, Australia, Availability of arbitrators, Best practices, Bulgaria, Counsel, Dubai, England, Expedited arbitration, Germany, ICC Arbitration, International arbitration, LCIA Arbitration, New Zealand, Singapore International Arbitration Centre, Uncategorized, UNCITRAL Arbitration Rules, Women in arbitration

(MDisputes)/ /3 Comments

Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this point, most of us are lingering poolside at the Kluwer International Arbitration Resort and Amusement Park, sipping procedural cocktails in the waning light as the children take…

China, Due process, New York Convention, Recognition and enforcement of arbitral award, Taiwan

(Pinsent Masons LLP)/ /Leave a comment
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 law firm. Taiwan is not a signatory to the New York Convention owning to its subtle status. To enforce a mainland China’s award or civil judgment in Taiwan,…

Expropriation, Good Faith, ICSID Arbitration, Investment Arbitration, Investment protection

(D'Empaire Reyna, Abogados)/ /Leave a comment

The Dissenting Opinion of Georges Abi-Saab to the Decision on Jurisdiction and Merits of September 3, 2013 in the case ConocoPhillips, Petrozuata B.V., ConocoPhillips Hamaca B.V. and ConocoPhillips Gulf of Paria B.V. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/07/30 (hereinafter the “Dissenting Opinion”), raises the issue of whether there is a duty to…

Uncategorized

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment

In the recent case Integral Petroleum SA v Melars Group Ltd [2015] EWHC 1893 (Comm) arbitrator Mr W Laurence Craig was asked to decide a dispute involving three companies: Integral Petroleum SA (“Integral” or “Claimant”), Melars Group Ltd (“Melars” or “Respondent”) and Dartex Trade Ltd (“Dartex”). By a contract signed on 14 December 2011 (the “December…

Arbitrability, Arbitration Act, Arbitration institution, arbitrators’ conduct, Bribery, Criminal law and arbitration, Domestic arbitration, National Arbitration Laws, Russia

(Arbitration Court at the Russian Union of Industrialists and Entrepreneurs)/ /1 Comment

In 2013 the President of the Russian Federation Vladimir Putin announced in his annual message to the Council of the Federation: “I would like to attract your attention to one more problem – the mechanisms of commercial dispute resolution are still not as good as the global practice is, and it is necessary to raise…

Annulment, Arbitral Award, Ecuador

(Carmigniani Pérez Abogados)/ /1 Comment

The Odyssey is one of the most famous epic poems of the classic era. Attributed to Homer, it describes the journey of Odysseus from Troy to Ithaca, his homeland. It took the hero about ten years to complete his journey. This history is full of unexpected events, sudden changes and new obstacles that Odysseus must…

Uncategorized

(Linklaters) and / /Leave a comment

On 15 July 2015, the Supreme People’s Court (the “SPC”) of the People’s Republic of China (the “PRC”) issued its long-awaited notice addressing issues relating to the validity of arbitration agreements and the enforceability of arbitral awards involving China International Economic and Trade Arbitration Commission (“CIETAC”) and its former South China and Shanghai sub-commissions. The…

Arbitral Award, Arbitration, DIFC, Enforcement, Middle East, Recognition and enforcement of arbitral award, UAE, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

In a recent ruling of the DIFC Court of First Instance (CFI 043/2014 – DNB Bank ASA v. (1) Gulf Eyadah Corporation (2) Gulf Navigation Holding PJSC, ruling of the DIFC Court of First Instance of 2nd July 2015), H.E. Justice Ali Al Madhani, one of the UAE-national resident judges of the DIFC Courts, drew…

Uncategorized

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Clyde & Co.

The phenomenon of “price review” and “price reopener” disputes – whereby a party seeks to adjust the pricing basis under an existing long term gas sales contract – has for a number of years been the subject of lively discussion in energy and arbitration circles.  As participants at the GAR Live Energy Disputes event (held…

Investment Arbitration, Uncategorized

(Barros y Errazuriz Abogados)/ /Leave a comment

On of the most important developments this year in Latin America is the  Chilean Act N°20.848, which sets forth a new framework for foreign investment in Chile (hereinafter, the “ New Foreign Investment Act” or the “Act”), replacing the regime contained in the Decree Law N°600 of 1974 (hereinafter, the “DL 600”). According to the…

China, CIETAC, Uncategorized

(Fangda Partners)/ /1 Comment
HK45

Summary In the three years since the 2012 declaration of independence by CIETAC’s former Shanghai and Shenzhen sub-commissions, affected parties have faced an uncertain and unpredictable arbitration process in Mainland China. In a recent judicial interpretation (the Reply), however, the PRC Supreme People’s Court (SPC) has clarified the jurisdictional uncertainties caused by the split. Background…

ADR, Arbitration, European Union, Mediation, Singapore, Transatlantic Trade and Investment Partnership

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

At the CIARB’s London centenary conference earlier this month, the Honourable Chief Justice of Singapore, Sundaresh Menon, cautioned that: “we should remain mindful that there is no place for complacency or reason to assume that [the] international system of dispute resolution which so many have invested so much in, will continue on its recent trajectory…

Arbitration, Burden of proof, Due process, Enforcement, Estoppel, France, Third Party

(Castaldi Partners)/ /Leave a comment

On 5 November 2014, the French Cour de Cassation, overruled a decision of the Paris Court of Appeal for having reversed the burden of proof in a case involving a non-participating party. With this victory before the French Supreme Court, Yukos Capital (“Yukos”) is one step closer to the enforcement of an arbitral award against…

Brussels Regulation, CJEU, Competition Law, Jurisdiction Clause, Tort

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On 21 May 2015, the CJEU rendered a landmark decision regarding questions of jurisdiction under the Brussels I Regulation (recast as Regulation 1215/2012, previously Regulation 44/2001) in the case of cartel damage proceedings. We may be grappling with this decision for a long time albeit it does not explicitly address arbitration. The CJEU’s judgment brings…

Confidentiality, Croatia, Independence and Impartiality, Slovenia, State-to-state arbitration

(University of Aberdeen)/ /14 Comments

On July 22, 2015, the transcripts and the audio recordings of the conversations between Dr. Jernej Sekolec, one of the arbitrators in the arbitration regarding the territorial and maritime dispute between the Republic of Croatia (“Croatia”) and the Republic of Slovenia (“Slovenia”), and Ms. Simona Drenik, one of the Slovenian representatives in the proceedings, became…

HKIAC, Hong Kong, India, International arbitration

(Hong Kong International Arbitration Centre)/ /Leave a comment

The Indian Government (‘Government’) plans to revamp the country’s arbitration landscape and is considering amendments to its arbitration legislation. If the Government is keen on transforming India into a global arbitration hub, it could draw from the experience of Hong Kong, which is a successful model for arbitration in the Asia-Pacific region. Since the gazettal…

Arbitration Awards, Emergency Arbitrator, Energy Charter Treaty, Enforcement, Investment Arbitration, Ukraine

(Central European University)/ /Leave a comment

On June 8, 2015, Pecherskyi District Court of Kyiv (“Pecherskyi Court”) upheld an application lodged by JKX Oil & Gas plc, Poltava Gas B.V. and JV Poltava Petroleum Company (“JKX Companies”) to enforce an emergency arbitrator award rendered under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC Rules”) against…

Arbitral Award, DIFC, Domestic Courts, forum non conveniens, Recognition and enforcement of arbitral award, UAE, United Arab Emirates

(Blanke Arbitration LLC)/

By an order of late last year (ARB 002/2014 – A v. B, Order of Justice Sir David Steel of 16 December 2014), Justice Sir David Steel dismissed an application by an award debtor seeking a number of orders to avoid the recognition and enforcement of an award rendered by the Dubai International Arbitration Centre…