Part II of the 2023 Year in Review: Switzerland post (see Part I here) introduces new case law on the enforcement of arbitral awards. It also includes a continuation of the Swiss Federal Supreme Court’s (“SFSC”) case law on the parties’ duty of curiosity in respect of an arbitrator’s independence and impartiality. Enforcement a)…
Abu Dhabi’s latest foray, the Abu Dhabi International Arbitration Centre, came into effect on 1 February 2024. Branded and referred to as arbitrateAD, its new set of arbitration rules (“arbitrateAD Rules”) was published on 1 February 2024 and consists of a newly established Board of Directors and Court of Arbitration. In this post, we provide a…
On 29 November 2023, Professor Kiran N. Gore (The George Washington University Law School) moderated the “signature panel” of the Fourth Washington Arbitration Week (“WAW”), which focused on the interplay between judgments of the International Court of Justice (“ICJ”)/ Permanent Court of International Justice (“PCIJ”) and investor-State dispute settlement (“ISDS”). The program bridged and expanded…
This is the fifth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year (see prior Blog coverage, here, here, here, and here). As we emphasized last year, developments at this intersection continue directional trends from prior years, but also the aperture for…
Data-Related Disputes Nearly five billion people use social media. Last year saw the expansion of AI-based businesses, from search engines to data analytics to product development. Some of the most valuable data for AI-training sets includes photographs, names, birth dates, consumer preferences, and family histories that users have published online or otherwise made available. Companies…
Six years ago, the Kingdom of Saudi Arabia (“KSA”) introduced the Bankruptcy Law, revolutionizing the legal landscape for liquidation and restructuring. This marked a significant shift by establishing a clear framework for handling insolvent entities. Recently, the Saudi Civil Transactions Law (“CTL”), effective from December 2023, enables creditors to transfer their rights for consideration, potentially…
On 26 December 2023, Azerbaijan adopted a new Law on Arbitration (“the Law” or “the New Law”) that regulates both international and domestic arbitration. It is mostly based on the 2006 edition of the UNCITRAL Model Law on International Commercial Arbitration (“2006 UNCITRAL Model Law”) but contains certain important differences. This post discusses the most…
The Fourth Edition of the Washington Arbitration Week (“WAW”) took place from 27 November to 1 December 2023. This post presents the panel on “ECT Modernization or Collapse?”. Jose Antonio Rivas, SJD (WAW/Xtrategy), introduced the panel with a remark that, while the Energy Charter Treaty (“ECT”) modernization process was ongoing, new ECT awards surfaced, and…
The first Riyadh International Disputes Week (“RIDW”) presents an excellent occasion for international, regional, and local experts and practitioners to meet and exchange their views regarding salient developments in the various areas of dispute resolution. The upcoming Saudi Center for Commercial Arbitration Third International Conference and Arbitration (“SCCA24”) on 6 March 2024, which is scheduled…
The United Arab Emirates (“UAE”) courts have traditionally held that arbitration is an exceptional means of resolving disputes. However, in recent years, there has been a significant shift in the UAE courts’ approach with decisions confirming that arbitration is not merely an exceptional means of resolving parties’ disputes, but an equal alternative to litigation. In…
On 22 February 2024, I am pleased to deliver the 6th ADR Address of the Supreme Court of New South Wales, co-organised by the Australian Disputes Centre. Past lecturers have been senior former or serving Australian judges, with some discussing developments in arbitration. More widely, there has been quite extensive discussion on case law and…
Arbitration has emerged as a preferred and valuable tool for resolving disputes. However, the associated costs and time can sometimes deter parties from pursuing this avenue. Fortunately, there are various strategies for parties to avoid lengthy proceedings, reduce costs, and regain control over the arbitral process. In this post, we have compiled a non-exhaustive list…
Countries have taken different strategies in framing the concept of fair and equitable treatment (“FET”). This post first highlights the evolution of the FET standard at a global level and then discusses the recent approaches taken by African states at an individual, regional, and continental level in framing this standard of treatment to better examine…
The imminent arrival of Riyadh International Disputes Week (“RIDW“) is a natural opportunity to reflect on the Gulf/Middle East disputes market and the factors that will impact on the success of the Saudi Center for Commercial Arbitration (“SCCA“) which will undoubtedly be at the heart of RIDW. As with all things in the Gulf/Middle East…
The German Federal Court of Justice (“BGH”) set off a heated debate when it vacated an arbitral award based on the false application of certain sections of the German Competition Act (GWB) on September 27, 2022 (BGH KZB 75/21), conducting a full review of the arbitral award on the merits. German practitioners were concerned that…
In 2023, Canadian courts were called to rule on a multitude of fascinating issues, including distinguishing arbitration from expert determination (Clearspring Capital Partners II v. Logistik Unicorp Holdings), exercising their inherent powers to appoint a notable international arbitration law firm as amicus curiae (Hypertec Real Estate Inc. v. Equinix Canada Ltd.), and holding that a…
This Part 2 continues reflections on key arbitration-related developments in Canada during 2023. Whereas Part 1 addressed the courts’ approaches to arbitrator independence and impartiality and the unconscionability of arbitration agreements, this Part 2 shines light on different takes on procedural fairness and “fresh evidence” in post-award proceedings. What is “Proper Notice”? The past…
The inaugural Riyadh International Disputes Week (“RIDW”), commencing on 3 March 2024, is a milestone event for the Kingdom of Saudi Arabia (“KSA”) and the disputes field, uniting key players in the field to explore the alternative dispute resolution landscape in the KSA and beyond. RIDW, the first event of its kind in the KSA,…
India ADR Week (“IAW“) 2023 was hosted by the Mumbai Centre for International Arbitration (“MCIA“) across three cities – Bengaluru, Delhi and Mumbai. Gathering over 700 attendees from a cross-section of the arbitration community, IAW featured more than 40 events over six days in a series of in-person and virtual panels. The breadth and diversity…
The General Division of the High Court of the Republic of Singapore (“SGHC”) in the matter of Beltran, Julian Morena and another v. Terraform Labs Pte Ltd and others [2023] SGHC 340 recently dismissed an appeal against an Assistant Registrar’s decision denying a stay in favour of arbitration on the basis that the First Defendant…
The Indian arbitration bar was waiting for an important judgment of a 7-judge bench of the Indian Supreme Court (“Judgment”), which reviewed its own earlier judgment in NN Global Mercantile Private Limited v. Indo Unique Flame Ltd. and Ors. (“NN Global”) covered in a previous blog post here. The issue before the Indian Supreme Court…
On 22 November 2023, the Brazilian Arbitration Committee (“CBAr”) and the Brazilian Association of Jurimetrics (“ABJ”) officially launched the final report on the Arbitration Observatory project (“Report”), in an in-person event at the Attorney’s Association of São Paulo that attracted many law students, lawyers, and arbitrators (see here for further details). The Report aims at…
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….
