2023 in Review, Anti-suit injunction, Artificial Intelligence, Australia, Australian Arbitration Week, Climate change, Commercial Arbitration, Fiji, Interim measures, Investment Arbitration, New Zealand, Pacific Islands, State Immunity

, and (Wynn Williams)/ /1 Comment

2023 was another year of growth for arbitration in Australia, New Zealand, and the Pacific Islands. It saw developments in investment arbitration and disputes relating to climate change, efforts to improve gender and cultural diversity, debate and guidance on the use of artificial intelligence, and pro-arbitration jurisprudence. We explore some of these key themes below….

Economic Sanctions, Sanctions, War

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Institute for Transnational Arbitration (ITA)

Another session of Young ITA Talks, this time on sanctions disputes and arbitration, was hosted by Latham & Watkins in London on Wednesday, 22 November 2023. The panel, moderated by Young ITA Regional Co-Chairs Robert Bradshaw and Thomas Lane, offered an overview of the sanctions and related issues from multiple points of view: Katie Palms…

International arbitration, International Award, Investment Disputes, Investment protection, Taxation

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Some of the largest arbitral awards rendered in favour of investors have been based on tax-related (mis)conduct of host states towards investors, e.g., a series of Yukos and others v Russia – US$ 50 billion (the largest award ever rendered), Occidental v Ecuador (II) – US$ 1.77 billion, Cairn v India – excess of US$…

Russia, Sanctions, Security for Costs, VIAC

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Security for costs can be an effective tool to protect the respondent from an arbitration in which a potential costs claim against the claimant is irrecoverable. While the specific requirements for a security for costs order are determined by the applicable institutional rules or arbitration laws, the respondent applying for security for costs will generally…

Arbitration – The International Journal of Arbitration

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London), , (Chartered Institute of Arbitrators), (Queen Mary University of London), and (Three Crowns)/ /Leave a comment

In this issue, Romesh Weeramantry considers whether the rules of interpretation in the Vienna Convention on the Law of Treaties (VCLT) remain fully fit for purpose, particularly in investment treaty disputes. It is both a topical and complex question to ask. In practice, the VCLT is often of limited use in giving guidance to a…

England, English Arbitration Act, English courts, English Law

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The UK Supreme Court (‘UKSC’) addressed the meaning of ‘matter’ in Article II(3) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (‘NYC’) in its judgment of 20 September 2023 in Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) [2023] UKSC 32 (‘Mozambique v Privinvest’). This post examines the…

Arbitration institution, China, CIETAC

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On 1 January 2024, the new version of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (2024 Rules) came into force. The 2024 Rules apply to CIETAC arbitrations commenced on or after this date. Compared with the 2015 Rules, the 2024 Rules have expanded from 84 provisions to 88 provisions and incorporated…

Artificial Intelligence, Construction arbitration, ESG, SCC, Sport arbitration, Sweden

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On 23 November 2023, Young Arbitrators Sweden (YAS) held its fifteenth annual Arbitration Day (Sw. skiljeförfarandedagen) at the historic Central Post Office Building (Sw. Posthuset), the home of the Stockholm International Hearing Centre (SIHC). This year, YAS celebrates a milestone of 20 years since its founding and the larger venue reflects the ongoing success of…

Advance on Costs, Arbitration Agreement, DIAC, Dubai

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In a recent decision, Case No. 10/2023 dated 24 October 2023, the General Assembly of the Dubai Court of Cassation decided to reverse a position introduced by the Dubai Courts of Cassation in around 2013 (see, e.g., Case No. 379/2013 (Real Estate), ruling of the Dubai Court of Cassation; and then also affirmed in Case…

Dual Nationals, France, French Law, Garcia Armas

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Article 25 of the ICSID Convention imposes a condition on natural persons that they cannot bring a claim against the host State if they possess the nationality of both the contracting States of the invoked treaty (dual nationals). This is an added qualification to the requirements for a qualified investor mentioned in the treaty. Therefore,…

Brazil, CAM, CAM-CCBC Arbitration Congress IX Edition, Latin America

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On 16 and 17 October 2023, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its Xth Arbitration Congress edition (“X CAM-CCBC Congress” or “Congress”) in São Paulo. The Congress is the opening event of the VIth Sao Paulo Arbitration Week (“VI SPAW”): a collaborative calendar for law firms, universities, associations,…

Code of Conduct, double hatting, ICSID, Independence and Impartiality, UNCITRAL

(Khan Saifur Rahman & Associates)/ /Leave a comment

Double hatting and insufficient disclosure by the arbitrators have been problematic features of investment arbitration. Double hatting is generally regarded as an individual simultaneously playing the role of counsel and arbitrator in similar matters. The real issue is whether these concerns have the potential to affect the arbitrator’s ability to form “independent judgment,” as described…

Announcement, Kluwer Arbitration Blog

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The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: 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 designated region for posting on the Blog, while actively…

Uncategorized

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Herbert Smith Freehills

The English High Court (“Court“) in Hulley Enterprises Limited and others v. Russian Federation [2023] EWHC 2704 (Comm) has recently dismissed a jurisdictional challenge brought by the Russian Federation (“Russia“), concluding that the State could not invoke sovereign immunity to resist enforcement of arbitral awards, which were issued in 2014 in favour of the former…

Arbitral seat, Arbitration Act, Arbitration institution, Arbitration Institutions and Rules, Japan, Japan Commercial Arbitration Association, JCAA

(DLA Piper), (City-Yuwa Partners), (Miura & Partners), (Nozomi Sogo Attorneys at Law), (Oh-Ebashi LPC & Partners), and (City-Yuwa Partners )/ /Leave a comment

On 17 November 2023, the leading arbitration-related institutions and government entities in Japan co-hosted an international arbitration conference, entitled “Exploring Innovative Solutions in a Changing World”, to showcase Japan’s flourishing ecosystem as a preferred place of arbitration, and to mark the 70th anniversary of the Japan Commercial Arbitration Association (JCAA). Held in Tokyo, this event…

AIAC, Arbitration Institutions and Rules, Interviews with Our Editors

(Peter & Kim) and (Morrison & Foerster (Singapore) LLP)/ /2 Comments
Asian International Arbitration Centre (AIAC)

Chartered Arbitrator Datuk Sundra Rajoo Nadarajah is a man of no little distinction. He is currently the Director of the Asian International Arbitration Centre (AIAC) and President of the Asian Institute of Alternative Dispute Resolution (AIADR), and he also previously served as President of the Chartered Institute of Arbitrators (2016). He has been the founding…

Arbitration, Construction, Dubai, UAE

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In a region characterized by infrastructure projects and ambitious architectural feats that shape the nation’s skyline, arbitration has emerged as a common choice in the industry for settling construction disputes. This preference arises as foreign parties can sidestep entwining with local courts, enjoy privacy, and present their matters to arbitrators who are well-versed with the…

Arbitration, Arbitration Institutions and Rules, Climate change, Energy, Investment Arbitration, ISDS, Kluwer Arbitration Blog, Legitimacy

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At the Kluwer Arbitration Blog, December is the month to thank our readers and collaborators for their readership, contributions, and support. This is also one of the occasions in which we highlight and we praise our excellent editors.   The Kluwer Arbitration Blog will celebrate 15 years of existence in 2024. On 28 January 2009, the…

Central Asia, TIAC, Uncategorized, Uzbekistan

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The third edition of the annual Uzbek Arbitration Week (UzAW 2023), held in Tashkent, Uzbekistan between 10-15 September 2023, continued its mission to establish Uzbekistan as the preferred seat for arbitral proceedings in the CIS region and beyond. The flagship conference “Putting Uzbekistan on Global Arbitration Map” organized by the Chamber of Commerce and Industry…

Announcement, Kluwer Arbitration Blog

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The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Europe. The Assistant Editor reports directly to the coordinating Associate Editor and is expected to (1) collect, edit, and review guest submissions from the designated region for posting on the Blog, while actively being…

Denmark, Due process, Procedural Order

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Following the success of previous editions (see here for previous coverage), the fourth edition of Copenhagen Arbitration Day took place in October 2023. The theme was the “Future of Arbitration” and topics ranged from whether there was a need for a new Arbitration Act, to the role of procedural order no. 1, to what arbitration could be…

Arbitration clause, Hong Kong, Pre-arbitral procedure, Vietnam

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Jan Paulsson once said, “There is a twilight zone. But only a fool would argue that the existence of the twilight zone is proof that day and night do not exist.”1)Jan Paulsson, “Jurisdiction and Admissibility,” Global Reflections on International Law, Commerce and Dispute Resolution, ICC Publishing, Publication 693, November 2005, at 603. Here, the term…

ICCA Handbook

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2023 was a bustling year for the International Council for Commercial Arbitration (ICCA) and the field of international arbitration worldwide, marked by significant legal developments and institutional reforms. Reflecting on these strides, today’s post provides a retrospective of some of the most relevant updates from the 2023 ICCA Handbook – a multi-jurisdictional collection of commentary…

English courts, Fraud, Nigeria, Set aside an international arbitral award

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A recent decision, Nigeria vs P&ID, issued by the English High Court of Justice, has drawn significant global public attention. This decision is notable for several reasons. It is rare for English courts to overturn arbitration awards. However, it is the exceptional circumstances underlying the dispute that were truly extraordinary and render this case newsworthy….