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…

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(Conway & Partners)/ /Leave a comment

A week ago today, it was my privilege to participate in the annual UNCITRAL/VIAC/YAAP Joint Conference, addressing hot topics in international arbitration. The conference successfully considered many key topics, including my topic, liability of counsel in international arbitrations. This topic, similar to my recent book topic (Kluwer Law International, Third-Party Funding in International Arbitration), is…

BIT, Consent, Damages, Dispute, Investment Arbitration, Uncategorized

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

On February 6, 2013, Achmea (a Dutch insurer, better known by its former name, Eureko) initiated UNCITRAL arbitration proceedings against the Slovak Republic on the basis of the Agreement on encouragement and reciprocal protection of investments between the Kingdom of the Netherlands and the Czech and Slovak Federal Republic (the “Netherlands-Slovakia BIT“) [The Agreement on…

Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, International arbitration, National Arbitration Laws, New York Convention, UNCITRAL Model Law

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment
WilmerHale

This post is a little different… I am in the process of revising my treatise, International Commercial Arbitration (Kluwer 2009), and would like to solicit comments from readers of the Kluwer Arbitration Blog on various chapters of the book. I would be happy to send individual Chapters, in their revised form, to those interested in…

Arbitration Proceedings, Permanent Court of Arbitration, Provisional measures, Responsibility of States

(Samdani & Qureshi)/ /Leave a comment

On 19 September 1960, Government of the Republic of India and Government of the Islamic Republic of Pakistan (the “Parties”) signed the Indus Waters Treaty 1960 (the “Treaty”). A dispute dating back to 1988 arose between the Parties in relation to construction of a hydro-electric project (the “KHEP”) by India on Kishenganga/Neelum River, a tributary…

Arbitration, Arbitration Awards, Arbitrators, Federal Arbitration Act (FAA), Uncategorized, United States

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

The U.S. Federal Arbitration Act (FAA) provides that a federal district court may vacate an arbitration award, among other reasons, “where there was evident partiality or corruption in the arbitrators.” 9 U.S.C. §10(a). However, as illustrated by a recently decided case in the Southern District of New York, U.S. district courts apply different standards of…

Arbitration, Asia-Pacific, UNCITRAL Model Law

(Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment

and Matthew Lee* Introduction Last Wednesday, the international arbitration community in Australia won a significant victory. Indeed, in TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5 (13 March 2013), S178/2012, the Australian High Court (“Court”) dismissed a challenge to the constitutionality of the International Arbitration…

Arbitration, ICC Arbitration

(Stockholm University)/ /1 Comment

The ICC Institute of World Business Law has launched the 2013 edition of the Institute Prize for dissertations and essays on international commercial law, including arbitration, for anyone under the age of 40. The Prize of 10,000 Euro is awarded by a jury consisting of members of the ICC Institute Council. Essays and doctoral dissertations…

Appointment of arbitrators, Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Consumer contracts, Costs in arbitral proceedings, Discovery, Dispute Resolution, Dispute resolution clause, Efficiency, International arbitration, Mediation, Pre-arbitration Dispute Settlement Procedures, Uncategorized

(Pepperdine University School of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively. The 2011 survey of corporate counsel developed by researchers at Cornell University’s Scheinman Institute on Conflict…

Domestic Courts, Enforcement, Middle East, New York Convention, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

A recent ruling of the Dubai Court of First Instance (see Case No. 489/2012, ruling of the Dubai Court of First Instance of 18 December 2012) questions de novo the UAE courts’ compliance with their obligations under international enforcement instruments in the enforcement of foreign arbitral awards. Following the recent trend of consolidation of the…

BIT, ICSID Convention, International Law, Investment, Investment agreements, Investment Arbitration, Investment protection, Jurisdiction, Treaty Shopping

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

Akbar the Great once drew with his royal hand a line in the sand. He then told his wise men that if they wanted to keep their jobs, they must invent a way to make the line shorter without touching any part of it. Wise man after wise man approached the line and stood in…

Enforcement, EU Regulation 44/ 2001, Europe, European Law, Jurisdiction

(Colibra Insurance)/ /Leave a comment

In Part I of my post, the revised “Brussels I” Regulation (Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) was discussed in the light of a hypothetical example from international trade and arbitration. This Part 2 strives to outline the…

Arbitration, Arbitration Act, Domestic Courts, Domestic law, Enforcement, Europe, Evidence, Interim Orders

(Linklaters)/ /Leave a comment

The recent Portuguese Voluntary Arbitration Law, which has been in force since 14 March 2012, (English version available here), was received with great enthusiasm amongst the legal community, which claimed for a new arbitration law that could bring to Portugal a regulatory framework closer to the UNCITRAL Model Law on International Commercial Arbitration. The goal…

Anti-arbitration, Arbitral seat, Arbitration Institutions and Rules, Dispute Resolution, International arbitration, Mediation, Uncategorized

(MDisputes)/ /Leave a comment

Construction work at the Florence Chamber of Commerce has forced the city’s arbitration and mediation services to relocate to new offices the city was able to scrounge up. This is the view from the fourth-floor conference room assigned to a mediation I attended yesterday. Talk about coping well in the face of adversity… Throughout many…

Women in arbitration

/ /2 Comments

A big thank you to everyone who responded to our inaugural poll!  We’ve dusted off our calculators, put on our stats hats and prepared some charts and analysis for you.  But first, here’s a quick backgrounder: Our first poll asked participants to rate three different potential reasons for the long-standing under-representation of women in arbitration:…

Arbitration clause, Arbitration Institutions and Rules, Asia-Pacific, Enforcement of an arbitration clause, ICC Arbitration, Singapore International Arbitration Centre

(Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

In the case of HKL Group Co Ltd v Rizq International Holdings Pte Ltd the Singapore High Court (the “High Court”) has considered whether an arbitration clause in a contract which provided for disputes to be settled by arbitration in Singapore by a non-existent institution under the rules of the ICC was inoperable. The High…

Enforcement, EU Regulation 44/ 2001, Europe, European Law, Jurisdiction

(Colibra Insurance)/ /Leave a comment

Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 (published in the Official Journal of the European Union on 20 December 2012) implements a new, recast version of the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in…

Africa, BIT, Foreign Investment Law, Investment, Investment agreements

(Mishcon de Reya)/ /Leave a comment

In recent years, African states have taken several initiatives to increase the protection of and legal security offered to foreign investors. However, a lot of work is unfinished and some of it is even frustrated. Some examples. Bilateral Investment Treaties Bilateral investment treaties (‘BITs’) are critical to foreign investors considering investing in Africa. Such BITs…

Africa, Arbitration, Arbitrators, Investment protection

(Lazareff Le Bars)/ /Leave a comment

Over the past decade, Africa has emerged as a leading center of economic growth. From mining and manufacturing, to banking and telecoms, nearly every industry is witnessing rapid expansion in Africa, driven by both African enterprises and businesses from around the world. Naturally, an increase in international commerce has resulted in an attendant increase in…

Appeal, Arbitration Awards, Asia-Pacific, China, Costs, Hong Kong, Set aside an arbitral award, UNCITRAL Model Law

(Herbert Smith Freehills)/ /1 Comment
Herbert Smith Freehills

By Justin D’Agostino, Martin Wallace and Yi-Shun Teoh The Year of the Snake has begun auspiciously for arbitration in Hong Kong, with a recent decision of the Hong Kong Court of Final Appeal (“CFA”) underlining once again the jurisdiction’s arbitration-friendly credentials and the reluctance of its courts to interfere with the arbitral process and arbitral…

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(Editor in Chief, ASA Bulletin; LALIVE)/ /Leave a comment

By Matthias Scherer and Catherine A. Kunz In a recent decision dated 21 December 2012 (5A_355/2012), the Swiss Federal Supreme Court clarified the conditions for obtaining a freezing order for the purpose of enforcing an arbitral award or a foreign court decision.  The decision, which will be published in the forthcoming ASA Bulletin 2.2013 with…

Arbitration, Competition Law, United Arab Emirates

(Blanke Arbitration LLC)/ /1 Comment

The vexed question of the arbitrability vel non of competition law has now reached the shores of the United Arab Emirates. Readers will, of course, be aware that this question has been answered in the affirmative – and most will agree rightly so – in the world’s leading arbitration jurisdictions, in particular in Europe and…

Advocacy, Arbitration, Dispute Resolution, International Courts

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

and Stanka Cherkezova With the finals of the Philip C. Jessup and Willem C. Vis Moot approaching it is a good time to spend a few words on oral advocacy and persuasion which are indispensable to moot-courting and real life career as well. A judge from the International Court of Justice once said that he…