The first upload of materials for the 2024 volume of ICCA’s Yearbook Commercial Arbitration is now available on the KluwerArbitration database, with 22 court decisions from 10 countries. Here are some of the highlights. The Federal Court of Australia in Devas et al. v The Republic of India held that by becoming a Contracting State…
If the title of this blog scared you, it was meant to. In “The Future of the Professions,” authors Richard and Daniel Susskind, who are leading experts in law and tech, look at the impact of the current technological revolution on professional services. Their starting point is that professional service providers need to ask themselves…
As part of the 2024 Paris Arbitration Week, Clyde & Co hosted a panel on “Sanctions and Arbitration: Lessons Learned and Possible Strategies.” The discussions addressed the impact of economic sanctions before, during, and after arbitral proceedings, from the perspective of professors, arbitrators, counsels, and institutions. The panel, moderated by Nadia Darwazeh, comprised Emmanuel Jolivet…
As part of Day 3 of the 8th edition of the Paris Arbitration Week (“PAW”), several arbitration networks for young practitioners and students, including the Comité français de l’arbitrage (“CFA-40”), the Arbitration Youth Forum (“AFM below 40”), the Italian Under 40 Arbitration Group (“AIA-Arblt 40 below”), the Swiss Arbitration Association below 40 (“ASAb40”), the Club…
As part of Day 4 of Paris Arbitration Week, Fieldfisher and the European Chinese Arbitrators Association joined forces in organising a tour around the world on recent developments in arbitration laws and recently adopted amendments in different jurisdictions. The discussion was moderated by Alice Meissner (Fieldfisher), and panellists included Antje Baumann (Baumann Disputes), Ania Farren…
Arbitral tribunals all over the world face different procedural issues such as deciding on the seat or naming the exact location of the hearing absent the parties’ agreement, considering the application of interim measures and, most importantly, ruling on the jurisdiction. In most of the cases these decisions are made with a precise knowledge on…
The eighth edition of the Paris Arbitration Week (“PAW”) started this Monday with Addleshaw Goddard hosting a roundtable event on “The Evolution of Arbitration in the Central Eastern Europe and Central Asia Regions: A Roadmap for the Future”. The discussion included experts from various background: Sébastien Jean (Associate Director of the Geoeconomics and Geofinance Initiative,…
As we reported earlier, the 2024 edition of the Paris Arbitration Week (“PAW”) is the first to count the Paris Court of Appeal among is partners. The event organized by the International Commercial Chamber of the Paris Court of Appeal (“ICCP-CA”) was held on 20 March 2024 in a form of a debate on the…
The breakfast debate “Wake up (with) Arbitration” created in 2012 by Valence Borgia, Maria Beatriz Burghetto and Caroline Duclercq relaunched on the occasion of the 2024 Paris Arbitration Week. The aim of the “Wake up (with) arbitration!” roundtable is to bring together arbitration practitioners of all backgrounds and professional experience, to discuss in an interactive…
The Polish Supreme Court (“PSC”) found an arbitration clause unenforceable due to the impecuniosity of one of the parties. This blog post discusses the decision, puts it in the broader context of international and EU law, and considers its relevance to the Court of Justice of the EU (“CJEU”) intra-EU commercial arbitration case law. …
As part of Day 1 of Paris Arbitration Week (“PAW”), Laborde Law held its first PAW event of the week at the Hotel Plaza Athénée, which included two panels addressing issues related to investor-State Dispute Settlement (“ISDS”). The first panel discussed “ISDS Enforcement War Stories and Lessons”, and the topic of the second panel was…
As part of Day 2 of the 8th edition of the Paris Arbitration Week (“PAW”), it was in the magnificent First Chamber of the Paris Commercial Court, one of the oldest jurisdictions in France and the place where the International Chamber of Commerce (“ICC”) was established in 1923, that the PAW Board invited all PAW…
On 19 March 2024, as part of the 8th edition of Paris Arbitration Week, the Comité Français de l’Arbitrage (CFA) organized a much-awaited and well-attended event on Arbitration, Sports Law and the Olympics, only a few months before the opening ceremony of the Olympic Games Paris 2024. Attendees were welcomed by Janice Feigher (Secretary General…
While criminal proceedings and corruption in international arbitration have been much discussed in recent years, on the second day of Paris Arbitration Week, in the scenic 18th century Belgian Residence in Paris, Liedekerke organised a conference focusing on criminal liability, criminal threats and corruption allegations brought against arbitrators. The event was moderated by Bruno Hardy…
Kicking off the 2024 Paris Arbitration Week (PAW), Jones Day hosted a thought-provoking event exploring the nuanced “Interaction between the Merits of the Case and Ratione Temporis Issues” in Investor-State dispute settlement (“ISDS”). Claire Pauly (Partner, Jones Day) moderated the bilingual event that brought together distinguished speakers, where Jérôme Ortscheidt(Special Counsel before the French Court…
Assignment issues are often of decisive importance in international arbitrations given the hard-edged nature of questions of jurisdiction, title, and standing. These issues are often less simple than they would first appear, especially in cases involving the interaction of multiple legal systems, complex financing arrangements, insurance or insolvency. On 12 January 2024, the English Court…
On 18 March 2024, the first day of the Paris Arbitration Week (“PAW”), the School of International Arbitration at Queen Mary University of London and Université Paris I Pantheon-Sorbonne held a joint conference on crypto assets and arbitration. The first roundtable, moderated by Professor Mathias Audit and Dr. Maria Fanou, provided a general introduction on…
On 18 March 2024, the international arbitration community gathered in Paris to kick off the 8th edition of Paris Arbitration Week (“PAW”). Kluwer Arbitration Blog is again this year the official media partner of PAW. This blogpost offers a summary of notable events that took place on the first day of PAW, and notably of the…
Under the Indian Contract Act 1872 (“ICA”), an arbitration agreement is a distinct and separate contract. Like all other contracts, it can be transferred by way of assignment to third parties under Section 37 of the ICA. The Supreme Court of India in Khardah Company Ltd vs Raymon & Co. (India) Private Ltd has held…
Large arbitral awards have generally given rise to multi-jurisdictional post-award litigation (see Yukos). The Deutsche Telekom v India saga is a similar instance, with the Republic of India (“India”) having challenged the arbitral awards before the Swiss Federal Supreme Court (“seat court”) and the courts in Germany, Singapore, and the United States (“US”) (“enforcement courts”)….
On 20 February 2024, Papua New Guinea (“PNG”) passed a dual-track legislative regime regulating arbitration (“New Arbitration Regime”), with the Arbitration (International) Act 2024 (“IAA”) governing international arbitration and a separate Arbitration (Domestic) Act 2024 (“DAA”) governing domestic arbitration. The New Arbitration Regime will come into operation upon the publication of a notice in the…
On 19 October 2023, the ICC Young Arbitration & ADR Forum (YAAF) hosted a workshop titled “Navigating the Frontiers of Artificial Intelligence in Arbitration” in Zurich. The evolution of Artificial Intelligence (AI) from a mere buzzword to a technological force has been remarkably swift. A recent study by Goldman Sachs reveals that, on average, 25%…
The Constitutional Court of Ecuador (“Court”) has recently analyzed the constitutionality of two International Agreements. On 28 July 2023, the Court declared unconstitutional the provision contained in chapter 15.20 of the Trade Association Agreement between Ecuador and Costa Rica (Decision No. 2-23-TI/23), among other reasons, because it incorporated an state-private party (investor) dispute resolution clause…
One of Germany’s most prestigious arbitration-related events, the “Petersberg Arbitration Days” (Petersberger Schiedstage) was held for the twentieth time on 23 and 24 February 2024. The organizers of the annual conference, the Beck Academy and the German Arbitration Institute (DIS) focused this year’s event on a difficult but contemporaneous topic: how international crises create additional…
