As Latin America welcomes left-leaning political regimes, the region’s regulatory landscape undertakes an increasingly uncertain state for foreign investors. In terms of cross-border investment dynamics, Latin America’s history has demonstrated that its embrace or lack thereof is shaped by cycles of political and economic regimes. Thus, a wave of direct or indirect expropriations, regulatory overreaches,…
Under the Law on Commercial Arbitration 2010 (“LCA”), both domestic and international arbitral awards can be set aside on the basis that the arbitral award contravenes the “fundamental principles of Vietnamese law.” This concept, however, is undefined and broad, causing much uncertainty, especially in light of decisions of the Vietnamese courts. In 2020, the People’s…
Just when it seemed that the tech industry had turned its back on futuristic, immersive digital worlds, often called the metaverse, Apple launched its first Mixed Reality headset, the Apple Vision Pro, on June 5, 2023. Expected to go on sale in the U.S. in early 2024 for $3,499, the Apple Vision Pro signals Apple’s…
On 7 July 2023, the European Commission issued its proposal for a Council decision on the withdrawal of the European Union from the Energy Charter Treaty (ECT). The proposal comes more than 6 months after the Commission-sponsored ECT modernization package failed to be adopted and perhaps undermines any hope that a modernized ECT will be…
The requirement that a tribunal be impartial is a fundamental procedural principle. It is not surprising, then, that under Art. 18 of the Russian Arbitration Act, arbitration proceedings are conducted, first and foremost, based on the principle of impartiality and independence of arbitrators. Although the Russian International Arbitration Act, based on UNCITRAL Model Law 1985,…
An ICC Young Arbitration & ADR Forum (YAAF) seminar titled “Another Tub – Is it Time for Fact Witness Conferencing?” was held in Seoul on 20 April 2023. In international arbitration proceedings, establishing facts is crucial for determining the outcome of a case. One of the key sources of information is factual witness evidence. However,…
We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases: ARTICLES Felix DASSER, Climate Change – Practice Change? In his message, ASA President Felix DASSER, drawing on the lessons learnt from the recent ASA winter conference on ESG and disputes, considers…
The prospect of integrating generative artificial intelligence (AI) into the adjudicatory decision-making process is not as distant as one might think. In February 2023, it was reported that a Colombian judge used ChatGPT in deciding a health insurance dispute. The judge asked both decisional and research questions and integrated those responses into his judgment. Another example comes…
Late last year, the Securities and Exchange Commission of the Philippines (“SEC“) issued its Memorandum Circular No. 8 (s. 2022) (“MC 8″). MC 8 gives effect to Section 181 of the Revised Corporation Code (“RCC“) and, among other things, specifies the role of the SEC in arbitrations involving intra-corporate disputes. Section 181 of the RCC…
Our previous post on this Blog explored the Polish post-award case law from 2020. We tried to answer whether Poland is an arbitration-friendly jurisdiction. And we concluded that out of the more than 200 proceedings we have been able to review, arbitral awards were set aside or refused enforcement / recognition only in a relatively…
The Tashkent Law Spring Forum (“Forum”), organized by the Ministry of Justice of Uzbekistan, is an important symbol of Uzbekistan’s efforts to establish itself as an open economy and an important player in global and regional markets. The inaugural forum was held in 2019 and attracted more than 1,200 participants and speakers from all over…
On April 19, 2023, a new law on arbitration was adopted in Luxembourg, aimed at modernizing the current provisions to attract arbitrations to the Grand Duchy. The multiculturalism and multilingualism that characterize this small country make it a prime location for the developing field of arbitration. The urge for a new regulation of arbitration was…
The meteoric rise of eSports in recent years has been a remarkable cultural phenomenon. What began as a niche activity enjoyed by a small group of enthusiasts has exploded into a global industry with millions of fans, thousands of professional players, and prize pools that can exceed tens of millions of dollars. The recent launch…
I first discovered the resemblance between the concepts involved in blockchain arbitration and John Rawls’ ‘veil of ignorance’ while conducting research on the metaverse and arbitration. With the recent enforcement of a blockchain arbitration award by a Mexican Court, it is appropriate to take a step back and analyze the relevance of Rawls’ 1971 theory…
Tel Aviv Arbitration Week 2023 had something for everyone! The jam-packed week included many different professional, social and networking events. This article highlights three important panel discussions that were held during the week. ESG Arbitration: the Future? This panel was moderated by Mr Shai Wade (RPC); and was composed of Deger Boden (Deger Law),…
In the home of the “start-up nation”, panels on Technology Disputes and the Future of Arbitration” as well as “Post M&A Disputes” took place as part of the 2023 fourth annual Tel Aviv Arbitration Week (“TAAW 2023”), which took place from 26 February to 2 March 2023. This post summarizes the discussions held during both…
For almost two decades, the State of Israel has been an active member of the UN Commission on International Trade Law (“UNCITRAL”), with participation from both state officials as well as private actors. In keeping with a now-established tradition, Tel Aviv Arbitration Week (“TLAW“) opened on 26 February 2023 with an event hosted by the…
This post presents some highlights from the workshop titled “Ethics in Arbitration”, as well as relates an important value the authors took away from listening to workshop’s notable speakers, as part of Tel Aviv Arbitration Week (“TAAW”) 2023. The Tel Aviv Young Arbitral Forum was established in 2020 by Ayelet Hochman (White & Case), Nuna…
The increased globalization of business and the rising popularity of arbitration as a standard method of alternative dispute resolution (“ADR“) has fostered an intersection of arbitration and insolvency. Arbitration is increasingly used to resolve various matters related to insolvency, such as cross-border debt recovery and disputes between creditors and debtors in insolvency proceedings. In the…
The World Trade Organization (“WTO“) dispute settlement is akin to a distant cousin for the investment law community. Many investment lawyers know little about it except that it exists. It operates under a different treaty framework and involves different procedures from investment treaty arbitration. However, it is one of the two most frequently used international…
Artificial intelligence (AI) has been used in international arbitration for quite some time now. Before the launch of ChatGPT in November 2022, there seemed to be an implied consensus that neither soft law nor regulation on the use of AI in arbitration was required. AI tools appeared to be considered as just one category of…
On March 21, 2018, the Agreement Establishing the African Continental Free Trade Area (“AfCFTA“) was adopted. It came into force on 30 May 2019. 54 African Union (“AU“) Member States have signed it, and 46 have ratified it. The AfCFTA aims to create a single continental market with a population of about 1.3 billion and…
Can an arbitration agreement be binding on a party that did not sign it? Generally, an arbitration agreement only binds its signatories. This is a transnational principle, also anchored in the German Constitution. There are, however, widely accepted exceptions. This article examines the extension of arbitration agreements to third parties under the requirements of Sec. 25(1)…
The inaugural Vietnam ADR Week (“VAW”) took place in Ho Chi Minh City from 9 to 12 May 2023. As a sponsor of VAW, Vietnamese law firm, YKVN, organized a discussion panel on 10 May 2023 on a comparative analysis of the approaches taken by various national courts towards the governing law of the arbitration…
