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Arbitrability, Dissenting opinions, Fair and Equitable Treatment, Investment Disputes, Investment law, Investment protection, Investment Treaties, Latin America, Panama

Can Trust Beneficiaries ‘Trust’ the Protections Afforded by Investment Treaties? A Confirmation by the Castillo v. Panama Award

Alejandro Chevalier (Morgan & Morgan Legal)/August 21, 2023August 15, 2023 /Leave a comment

…interest, and (4) were adopted in good faith according to the evidence submitted (Award, ¶¶516-521) (The proportionality test was discussed in a recent post here). Specifically, the Tribunal found that…

Journal of International Arbitration

The Contents of Journal of International Arbitration, Volume 40, Issue 3 (June 2023)

Maxi Scherer (WilmerHale & Queen Mary University of London)/August 19, 2023August 15, 2023 /Leave a comment

…in comparing evidence submitted and finding conflicting fact patterns in the evidence. AI may even decide some aspects of a case. This requires a new division of labour. Lawyers will…

International Arbitration Procedures, Investor-State arbitration, ISDS Reform

Large Corporations and Investor-State Arbitration

Weijia Rao (George Mason University)/August 18, 2023August 15, 2023 /Leave a comment

…often been perceived as a system primarily utilized by large corporations to serve their interests, despite evidence to the contrary. This perception is driven by some high-profile victories secured by…

Arbitration institution, Interviews with Our Editors, VIAC, Vietnam

Interviews with Our Editors: In Conversation with Vu Anh Duong, Secretary General of the Vietnam International Arbitration Centre

Deborah Loh (Assistant Editor for Southeast Asia) (Clifford Chance Asia)/August 17, 2023January 3, 2024 /Leave a comment

Vietnam International Arbitration Centre (VIAC Vietnam)

…not only the VIAC’s Rules of Arbitration (2017) (“VIAC Rules”), but also Vietnam’s arbitration-related legislation. He also regularly lectures on commercial arbitration and sits as an arbitrator in both international…

Emergency Arbitrator, Enforcement, Interim measures, Italy

Enforcement of Foreign Interim Measures in Italy: Is the Reformed Italian Arbitration Law a Game-Changer?

Gregorio Pettazzi (Freshfields Bruckhaus Deringer) and Cristina Rapagnà/August 16, 2023August 15, 2023 /Leave a comment

…procedure therefore follows the very same rules applicable to judicial interim orders granted by Italian judges. The only difference relates to the court competent to oversee enforcement procedures. For judicial…

ISDS, Korea, Tax, Taxation

Lone Star Award: Substance Over Form Doctrine under Double Tax Treaties and Their Interaction with IIAs

Blazej Kuzniacki (PwC; Lazarski University)/August 14, 2023August 11, 2023 /Leave a comment

…evidence/fact-determining rules. Second, the Tribunal completely overlooked the conclusive part of the 2003 OECD Commentary on Article 1 (para. 22.1), according to which the SOFDs’ compatibility with DTTs is subject…

Arbitration, International Arbitration Procedures, Multi-Party Interim Appeal Arbitration, WTO

Three Years of the Multi-Party Interim Appeal Arbitration Arrangement: An Interim Evaluation of Arbitration as a Means to Appeal WTO Panel Reports

Bowon Choi (Yulchon LLC)/August 11, 2023July 18, 2023 /Leave a comment

…to resolve the current WTO dispute resolution mechanism crisis. The MPIA is based on Article 25 of the Understanding on rules and procedures governing the settlement of disputes (“DSU”). Among…

Arbitration Agreements, Brazil, Brazilian Arbitration Act, Brazilian Superior Court of Justice, Hardship, Latin America

Judicial Reorganization and Arbitration in Brazil: An Analysis of Jurisdiction

Catarina de Farias Paese (BMA - Barbosa Müssnich Aragão Advogados) and Rafael Hansen Lenzi/August 10, 2023July 18, 2023 /Leave a comment

…to be included in the list of creditors. In this lawsuit, Amapari attached documents to evidence: (i) the supply of energy; (ii) the invoices issued throughout the period of contractual…

Appeal, Arbitration Procedure, Australia, Bifurcation of proceedings, Estoppel, Functus Officio, Interim Award, Set aside an arbitral award

Just What the Tribunal Ordered – Or Was It? Western Australia Court of Appeal Upholds Finding That UNCITRAL Tribunal Rendered Itself Functus Officio

Oliver Cook (Level Twenty Seven Chambers) and Liam McInerney (LK Law)/August 9, 2023July 27, 2023 /1 Comment

ACICA 45

…was conducted under the UNCITRAL Arbitration Rules and involved a contractual dispute between Chevron Australia Pty Ltd (“Chevron”) and a joint venture between CBI Constructors Pty Ltd and Kent Projects…

Arbitral Secretaries, Belgium

Green Light for Secretaries to Assist in Drafting Arbitral Awards so Long as Tribunals Call the Shots: Nothing New Under the Belgian Sun

Caroline Deves, Sam Vermeeren (Houthoff)/August 8, 2023August 7, 2023 /Leave a comment

…an annulment submitted by the claimant in an ICC arbitration (discussed in De Ly, Rules and Case Law on Tribunal Secretaries). The claimant alleged that the arbitrators had not devoted…

ADR, Arbitration Act, Brazil, Brazilian Arbitration Act, Emergency Arbitrator, ICC, Latin America

First ICC Arbitration Conference in the South of Brazil Marks a Milestone

Nathalia Fasolo (JBLEE Advogados)/August 7, 2023August 5, 2023 /Leave a comment

…the functioning of the ICC Court and its Secretariat, highlighting the key innovations in the ICC Court and the ICC Arbitration Rules (“ICC Rules”). Mr. Gustavo Scheffer da Silveira (Partner,…

ITA Arbitration Report

KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 6 (June 2022)

Roger Alford (General Editor) (Notre Dame Law School), Crina Baltag (Managing Editor) (Stockholm University), and Monique Sasson/August 6, 2023July 21, 2023 /Leave a comment

…Civil Procedure No. 6100 (“CCP”) on the extension of the arbitration term is not a mandatory provision and, therefore, the parties are free to agree on the rules applicable to…

Confidentiality, Disclosure, Dissenting opinions, Set aside an arbitral award, Singapore

It’s No Secret(?) – Two Recent Singapore Cases on Confidentiality in the Context of International Arbitrations

David Isidore Tan (Assistant Editor for Technology) (Rajah & Tann Asia)/August 4, 2023August 11, 2023 /1 Comment

…SIAC (SIAC Rules 2016, Rule 39.1); (2) HKIAC (2018 HKIAC Administered Rules, Article 45.4); and (3) LCIA (LCIA Arbitration Rules 2020, Article 30.2). This may become material when the seat…

Annulment, Arbitral Secretary, Belgium

Belgian Supreme Court Rules on Delegation of Tasks to Arbitral Secretaries

Hannelore Buelens, Benoît Allemeersch (QUINZ)/August 3, 2023July 30, 2023 /Leave a comment

…intended to apply to arbitration proceedings. The Code contains a specific subset of rules in relation to arbitration (Part Six), as reminded by the supreme court. These rules are based…

Commercial Arbitration, Jurisprudence, Latin America, Mexico, Mexico Arbitration Week

First Mexico Arbitration Week: Arbitration and the Judiciary – Conversation with a Mexican Supreme Court Justice

Eduardo Lobaton (Hogan Lovells ) and Sofía Vargas (Centro de Arbitraje de México)/July 30, 2023July 30, 2023 /Leave a comment

…the annulment stage. The merits of the arbitration decision are not subject to judicial review and the assessment and evaluation of evidence remain within the arbitral tribunal’s discretion. The authors…

Awards, India, Reasoned Awards, Reasoning

A Reasoned Dilemma: Unraveling the Knots of Section 31(3) of India’s Arbitration Act 1996

Pratyush Singh, Arunoday Rai (National Law School of India University)/July 28, 2023July 23, 2023 /1 Comment

…on contentious issues in the arbitral award or the inclusion of findings that disregard material evidence can constitute valid grounds for setting aside the award. Adequacy of Reasoning While…

Foreign Investment, Latin America, Leftward shift, New pink tide, Political changes

Facing Latin America’s Leftward Shift: Implications and Recommendations

Maria Jose Monroy (Adell & Merizalde)/July 27, 2023November 21, 2023 /Leave a comment

Asociación Latinoamericana de Arbitraje (ALARB)

…companies. Establish a document organization system to access the evidence required to prosecute potential claims easily. Notify the intention to arbitrate to discuss potential settlements with the host government without…

Annulment, Arbitral seat, Due process, Party Representation, Powers of the tribunal, Public Policy, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award, VIAC, Vietnam

Vietnamese Court Sets Aside Arbitral Award for Failure to Legalize POA: An Abuse of Due Process Requirements

Tony Nguyen, Manh Pham (EPLegal)/July 26, 2023January 3, 2024 /Leave a comment

Vietnam International Arbitration Centre (VIAC Vietnam)

…not required to apply the rules of evidence of any applicable law in making such determination.”3)LCIA Arbitration Rules 2020, Article 22.1.(iv) also allows the Arbitral Tribunal to order any party…

Arbitration Tech Toolbox, Arbtech, Technology, Videoconferencing, Virtual hearings

Arbitration Tech Toolbox: Virtual & Mixed Reality Headsets and Immersive Experiences – Do We Need Them?

Sarah Chojecki (ArbTech) and Sophie Nappert (3 Verulam Buildings & ArbTech)/July 25, 2023January 3, 2024 /Leave a comment

ArbTech

…current institutional rules nor the 2020 IBA Rules on the Taking of Evidence in International Arbitration (IBA Rules) restrict the use of XR per se. Generally, under national arbitration legislation…

ECT Withdrawal, Energy Charter Treaty, EU Law, Intra-EU ISDS

The End Is Near: The European Commission’s Proposed Coordinated Withdrawal from the ECT

Nicholas Lawn, Isabel San Martín (LALIVE)/July 24, 2023July 23, 2023 /Leave a comment

…refers to the withdrawal of the Union and does not mention the withdrawal by individual EU Member States, as that process would be subject to the applicable domestic rules. Therefore,…

arbitration rules, Impartiality, Independence, Russia

The New RF CCI 2021 Rules on Impartiality and Independence of Arbitrators: A Precondition to Arbitral Justice in Russia

Rustem Karimullin (Karimullin Law Firm)/July 24, 2023July 23, 2023 /Leave a comment

…of Commerce and Industry’s Rules on Impartiality and Independence of Arbitrators was adopted in 2010 (the “2010 Rules“). The Rules significantly contributed to establishing arbitration as a reliable way to…

Witness, Witness Conferencing

Factual Witness Conferencing – Need for Another Hot Tub?

Edward Park, Yun Hwang (Korean Commercial Arbitration Board)/July 23, 2023January 3, 2024 /Leave a comment

KCAB International

…fact witnesses is in Article 8(4)(f) of the IBA Rules on the Taking of Evidence in International Arbitration (2020) (which allows witnesses to be “questioned at the same time and…

ASA Bulletin

The Contents of the ASA Bulletin, Volume 41, Issue 1 (March 2023)

Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)/July 23, 2023July 16, 2023 /Leave a comment

…SCC Arbitration Rules 2023 The SCC Arbitration Institute has published revised versions of its Arbitration Rules which entered into force on 1 January 2023. Hanne AARSHEIM and David SANDBERG present…

Arbitration Tech Toolbox, Artificial Intelligence, ChatGPT, Privacy

Arbitration Tech Toolbox: ChatGPT – Arbitral Assistant or Fourth Arbitrator?

Stefanie G. Efstathiou (Ludwig-Maximilians-Universität München) and Mihaela Apostol (ArbTech)/July 22, 2023January 3, 2024 /2 Comments