On 1 November 2023, the Grand Chamber of the Ukrainian Supreme Court – the highest judicial body in the country – opined on the extension of the arbitration clause to non-signatories in its judgement in case No. 910/3208/22 (Berezan Processing Plant v Grain Power, hereinafter ‘Berezan case’). This judgement is a landmark one because it…
On a theoretical level, the ultimate source of an arbitral tribunal’s jurisdiction is the parties’ consent to refer disputes to arbitration. The source of authority of individual members of a tribunal to exercise that jurisdiction is more nuanced – especially where, in default of agreement on a tribunal, the national court makes the necessary appointments….
On 6 November 2023, the United States (“US“) District Court of New Orleans, Louisiana (“Louisiana Court“) rendered a decision on the enforceability of a DIFC-LCIA arbitration clause. The Louisiana Court ruled that the DIFC-LCIA arbitration clause was unenforceable because it referred to an arbitral institution that had been abolished. This decision from the Louisiana Court…
Over the last year, the potential for Generative AI in the legal services market has shaken the legal profession. While its impacts are not yet fully understood, many believe that it will transform many aspects of legal practice. Of course, technology isn’t new to the profession but to date almost all technology has been used…
In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This global shift is reflected in numerous requests for advisory opinions from international courts, aiming to clarify states’ obligations regarding climate change (see here, here, and here). These developments suggest a move towards a more balanced…
The growing antagonism in civil society and the asymmetries in international investment agreements (IIA) lead to a cautious proliferation of enforceable obligations against investors (investor obligations) in several newer IIAs (e.g. Chapter 6-10 of ECOWAS Common Investment Code 2018; Art. 10 and Annex II of Angola-Brazil Bilateral Investment Treaty (BIT) 2015; and for an overview…
In 2023, the international arbitration landscape in California continued to develop and grow. This blog post highlights the past year’s most notable events impacting international arbitration practitioners in the Golden State. 2nd Annual California International Arbitration Week, and Plans for 2024 In March 2023, California Arbitration (CalArb) and California Lawyers Association (CLA) hosted the 2nd…
The 2023 volume of the Yearbook Commercial Arbitration is now available in print, as well as online on the KluwerArbitration database. With the highest number of reported decisions ever, the 2023 Yearbook contains 120 court decisions from 27 jurisdictions. Among the highlights are fifty court decisions from Singapore, prepared in cooperation with the Singapore International…
On January 28, 2009 we launched the Kluwer Arbitration blog with the goal of featuring “posts of the highest possible quality” as an “interactive publication” that would render Kluwer’s arbitration offerings even more complete. As Roger Alford wrote in his first post in January 2009, “[g]iven the nature of international arbitration, it is astonishing that…
This post provides a recap of notable arbitration-related developments in France in 2023. Far from being an exhaustive account, it focuses on French court decisions in the areas identified below. Overall, French courts have not only consolidated their approaches on recurring topics—as was the case in 2020, 2021, and 2022—but have also taken a slightly…
An arbitration agreement is an agreement to resolve disputes through arbitration. Its existence precludes disputing parties from bringing their dispute to court: see Article 3 of the Arbitration and ADR Law of the Republic of Indonesia (“Arbitration Law”), which stipulates that Indonesian courts have no jurisdiction to try disputes between parties bound by an arbitration…
On 8 December 2023, the International Institute for Conflict Prevention & Resolution and the New York City Bar Association hosted the first Africa Arbitration Day in New York. One of the event’s panels discussed the prospects of “Africanization” in light of the Investment Protocol (the “Investment Protocol”) of the Agreement Establishing the African Continental Free…
The past decade has seen the Gulf ascend as a nexus for international arbitration. Arbitration has proliferated in the region’s many special economic zones, from the United Arab Emirates’ (“UAE”) Abu Dhabi Global Market (“ADGM”) to the Kingdom of Saudi Arabia’s King Abdullah Economic City. The latest iteration of that trend has translated into the…
2023 stands out as a pivotal year marked by substantial advancements in arbitration across the African continent. Despite global challenges such as the lingering impacts of the COVID-19 pandemic and projections of a slow recovery in Foreign Direct Investment (“FDI”) in the continent, African practitioners have demonstrated unwavering resilience and commitment to propelling the field…
The Bahrain Court of Cassation (“Court of Cassation”) recently examined the relationship between arbitration and a pre-required mediation step in its decision of 19 June 2023 in Case No. 815 of 2022. The case concerned a multi-tiered dispute resolution clause providing for mediation then arbitration. The parties’ agreement in this case, however, was atypical, as…
The year 2023 bore witness to the rise of ChatGPT, a development which prompted a flurry of commentary on the implications of the use of generative artificial intelligence (AI) in international arbitration. Contributing writers continued to show interest in the resolution of blockchain-related disputes, as well as the development and use by arbitral institutions of…
The Fourth Edition of the Washington Arbitration Week (WAW) took place from 27 November to 1 December 2023. This post highlights the panel titled ‘The Ukraine Crisis and Post-War Scenarios’. Jose Antonio Rivas, SJD (co-founder of WAW/Xtrategy), introduced the panel by remarking that despite the fact that the Russian invasion had already lasted for almost…
The 11th annual Dublin International Arbitration Day took place on 17 November 2023 at the Distillery Building, Dublin 7. A conference famed for its action-packed schedule, range of panels on hot topics, and eminent supporters, the event was exceptionally well attended by international and domestic attendees with one of the biggest turn-outs yet. Keynotes from…
Precautionary measures in international arbitration is a topic that never ceases to raise new questions and enhance further advancements due to its growing use and constant development. For instance, Mexico has experienced some improvements in these last decades regarding aspects such as anti-arbitration injunctions, powers of the court to order interim measures, the scope of…
Assuring a speedy resolution of potential disputes is a very important concern for most parties entering into arbitration agreements. One means to ensure a speedy arbitration can be a fixed deadline for the arbitral tribunal’s decision. With a focus on Italian law –under which Article 820(2) of the Code of Civil Procedure fixes a 240-day…
In the ever-evolving landscape of international commercial disputes, the co-existence of arbitration and insolvency-related proceedings has become a focal point. This comparative piece delves into the legal position in three key jurisdictions – Singapore, the United Kingdom, and India – and focuses on the pro-arbitration approach of deferring to the arbitral tribunal and staying (or…
The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your free subscription to the ITA…
In McConnell v. Advantest Am., Inc., the 4th District Court of Appeal in California (the “Court”) vacated an arbitral order compelling nonparties to appear at a discovery hearing for the sole purpose of receiving documents allegedly in their possession. 92 Cal. App. 5th 596. The subpoenas asked the nonparties to produce their communications with the…
Under Article 34 of the UNCITRAL Model Law (“Model Law”), an arbitral award may be set aside if the arbitration agreement is “not valid”. A more controversial issue is whether setting aside avenues should also be available in the opposite scenario, i.e., when a tribunal found that no valid arbitration agreement existed and declined jurisdiction….
