Arbitration Institutions and Rules, ICSID Convention, Investment, Investment Arbitration, South America

(Universidad Monteávila (Caracas))/ /Leave a comment

On April 22, 2013, representatives of Members States of the Bolivarian Alliance for the Americas (“ALBA” for its acronym in Spanish) met in Guayaquil, Ecuador. The purpose of the meeting was to discuss the manner in which their interests are affected by the activities carried out by transnational companies, under a reunion known as the…

Asia-Pacific, Investment protection, Trade, Trans-Pacific Partnership, United States

(University of Arizona James E. Rogers College of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

“America’s important security alliances across the Pacific need an economic underpinning.”  Ambassador Robert Zoellick, May 1, 2013 To use one of the Obama Administration’s favorite terms, the entry of Japan in April 2013 into the three-year-old Trans-Pacific Partnership (TPP) negotiations later this year is a “game-changer.”  Prior to Japan’s commitment as the 12th TPP partner,…

Applicable Law, Arbitral seat, Arbitration clause, Asia-Pacific, Seat of the arbitration

(Notre Dame Law School)/ /Leave a comment

As reported yesterday, the recent tragedies in Bangladesh factories have resulted in a major breakthrough with the signing of the Accord on Fire and Building Safety in Bangladesh. Thus far, leading retailers such as H&M, Marks & Spencer, Tesco, Sainsbury’s, Benetton, and Calvin Klein are on board. Notably absent from the list are leading U.S….

Arbitral Tribunal, Arbitration Awards, Arbitration Institutions and Rules, Costs in arbitral proceedings, International arbitration, Investment Arbitration, Singapore International Arbitration Centre, Witness

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

The Singapore International Arbitration Centre (“SIAC”) has issued new rules that came into force on April 1, 2013. The rules changes are accompanied by new Practice Notes for cases administered by SIAC under its rules and the UNCITRAL rules that also came into force on the same date. While the changes do not reflect a…

BIT, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection

(International Moot Court Competition Association (IMCCA))/ /1 Comment

and Oleg Temnikov I. Bureau Veritas v. Republic of Paraguay In the recent Further decision on objections to jurisdiction dated October 9, 2012 the tribunal in Bureau Veritas, Inspection, Valuation, Assessment and Control, BIVAC B.V. v. Paraguay (ICSID Case No. ARB/07/9) dismissed BIVAC’s claim based on violation of the fair and equitable standard by reasoning…

Arbitration, Brazil, Energy

(Pinheiro Neto Advogados)/ /1 Comment

and José Roberto Oliva Junior and Ricardo Dalmaso Marques, Pinheiro Neto Advogados One of the segments of the infrastructure sectors in Brazil that have lately triggered the greatest amount of disputes are the power generation, distribution and trading sectors. In effect, there’s little disagreement in Brazil nowadays that, just as with other sectors that could…

Arbitration Institutions and Rules, China, CIETAC

(Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre of UNSW Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

  Shanghai’s Recent Reaction As a recent development of the ongoing conflicts within the China International Economic and Trade Arbitration (CIETAC), the CIETAC Shanghai Sub-Commission has now officially been renamed Shanghai International Economic and Trade Arbitration Commission; it will also use Shanghai International Arbitration Center (“SHIAC”) concurrently as official name. (See official announcement of the…

Applicable Law, BIT, ICSID Convention, Investment, Investment agreements, Investment Arbitration

(Colibra Insurance)/ /Leave a comment

In Part I it was argued that the proper law applicable in the investor-State disputes under Article 42 (1) ICSID Convention depends on the substantive grounds of the investor’s claim. In support of this, I have outlined three factual scenarios and types of claims with evidence from case law. Part I dealt with host State…

Arbitration, Arbitration Act, Brazil

(Stockholm University)/ /Leave a comment

At the beginning of April, the Brazilian Senate established a Committee for the modification of the Brazilian Arbitration Law – Law no. 9.307 of September 1996. The president of the Committee, Luís Felipe Salomão, believes that the new amendments will strengthen arbitration, as an alternative dispute resolution mechanism. Salomão suggests that the goal of these…

Arbitration, Arbitration Agreements, Arbitration Institutions and Rules

(Orange, General Counsel, International Expertise & Conflict Resolution, Litigation, CSR & Real Estate and Chair of the Corporate Counsel International Arbitration Group (CCIAG))/ /1 Comment

and Thomas Baconin, Orange,  trainee in International Expertise & Conflict Resolution, Litigation, CSR & Real Estate On the 15th of April in the prestigious venue of the Hotel de Ville in Paris, the non-profit organization Paris Place d’Arbitrage introduced its new ad hoc “Paris Arbitration Rules”, in front of 200 law practitioners from the arbitration…

Sovereign Immunity

(Herbert Smith Freehills LLP)/ /2 Comments
Herbert Smith Freehills

An important issue for any business engaged in international transactions is the ability to obtain effective relief if it becomes involved in legal proceedings. A key benefit of international arbitration is the ability of successful parties to enforce awards across multiple jurisdictions, which is made easier because of the 1958 New York Convention on the…

Anti-arbitration, Appeal, Arbitration, CAFTA, Domestic Courts, Legal Practice, National Arbitration Laws

(Consortium Centro América Abogados)/ /2 Comments
Institute for Transnational Arbitration (ITA)

A brief history Arbitration has been a part of the laws of El Salvador for more than a hundred years. The Constitution of 1983 clearly states in Article 23 that every citizen of the country has the right to terminate his or her civil or commercial matters through arbitration. July 2002 marked a dramatic change…

Applicable Law, BIT, ICSID Convention, Investment, Investment agreements, Investment Arbitration

(Colibra Insurance)/ /Leave a comment

Rationalizing applicable law in investor-State disputes in absence of express choice of law under Article 42 (1) of ICSID Convention PART I Article 42 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) determines the powers of an arbitral tribunal constituted under the ICSID Convention as…

Arbitration, Arbitration Act, Legislation

(Linklaters)/ /Leave a comment

A legislative proposal to modernize Dutch arbitration law has been submitted to Dutch parliament on 16 April 2013. For an informal English translation of a comparison between the legislative proposal with the current Dutch arbitration law, see here. It is anticipated that the Second Chamber of Dutch Parliament will submit a report on the proposal…

BIT, ICSID Convention, Investment, Investment Arbitration

(International Moot Court Competition Association (IMCCA))/ /Leave a comment

and Oleg Temnikov There is a Taoist fable of the three stupid men who were traveling together from one village to the next. They rested for the night under a banyan tree. In the morning, it turned out that the travelers have forgotten whose shoes are whose. Because none of the three men was able…

CAFTA, State-to-state arbitration, Uncategorized

(Investment Arbitration Reporter)/ /Leave a comment

It looks like the first state-to-state arbitration under the U.S.-Central America Free Trade Agreement (CAFTA) may have fizzled out. In August of 2011, I reported in this space that the United States of America was initiating arbitration against the Republic of Guatemala. The U.S.A. turned to arbitration after determining that Guatemala was failing to enforce…

Domestic law, Enforcement, International arbitration, Jurisdiction, kompetenz-kompetenz, New York Convention

(Leaua & Asociatii)/ /3 Comments

By Crenguta Leaua and Stefan Dudas (Leaua & Asociatii) A new Code of Civil Procedure (CCP) including two separate sections on domestic and international arbitration entered into force in Romania on 15th of February. With this step, Romanian law continues to differentiate between domestic and international arbitration and to allow for a flexible regime for…

Arbitration, Asia-Pacific, Commercial Arbitration, Domestic law, Hong Kong, Legislation, National Arbitration Laws, Pro arbitration

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

by Justin D’Agostino and Briana Young On 28 March 2013, Hong Kong gazetted The Arbitration (Amendment) Bill 2013. The Bill proposes amendments to Hong Kong’s Arbitration Ordinance (Cap. 609) to implement an arrangement for mutual enforcement of awards between Hong Kong and Macao, allow for enforcement of emergency arbitrator decisions in Hong Kong, and provide…

Anti-arbitration, Appointment of arbitrators, Arbitrators, Mediation

(MDisputes)/ /3 Comments

Improving the search for information about arbitrators Last week I received an invite to a summer gathering organized by English mediator, David Richbell. One of the events is “Speed dating: Senior mediators including, amongst others, Michel Kallipetis, Liz Birch, Nicholas Pryor available for ten-minute personal interview.” Imagine how such an innovative method for choosing an…

Uncategorized

(UC Davis School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

On this first of April I thought it might be useful and timely to remind blog readers that the U.S. Supreme Court is considering whether to grant certiorari in BG Group Plc. v. Republic of Argentina. The Supreme Court asked the Solicitor General’s Office for its views on the cert. petition, which suggests that at…

Applicable Law, Arbitral Tribunal, Arbitration, Arbitration Awards, Investment agreements, Investment Arbitration, Uncategorized

(University of Victoria Faculty of Law)/ /Leave a comment

At a conference a few years back, a well-known and respected arbitrator was speaking on the topic of predictability and consistency of arbitral decision making in investment treaty arbitration.  The arbitrator asked whether arbitrators should fly solo or in flocks.  He made a strong and persuasive case for the independence of the arbitrator, to fly…