Climate change, ECT Withdrawal, Energy Charter Treaty, European Convention on Human Rights, LIDW 2024

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On 6 June 2024, Hogan Lovells and Twenty Essex co-hosted a London International Disputes Week (“LIDW”) event on the topic “How Can Investment Protection Contribute to the Energy Transition?“. The event brought together leading experts to discuss the intersection of investment law and the global shift towards sustainable energy. The discussions were held under the…

International arbitration, LIDW 2024, Rule of Law

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The fourth day (06 June) of 2024 London International Disputes Week (“LIDW”) tackled several complex issues in arbitration. This post will provide a brief overview of two such sessions, focusing on the rule of law in arbitration and on arbitration and regulations. These sessions provide a rather useful snippet into the complex challenges faced by…

Enforcement, LIDW 2024

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On the final day of London International Disputes Week 2024 (“LIDW”), LALIVE and Kobre & Kim hosted an event on arbitration and enforcement involving sovereign States. The panel of speakers comprised Andrew Stafford KC and Nicholas Surmacz of Kobre & Kim, as well as Sandrine Giroud and Marc Veit of LALIVE. They explored issues relating…

LIDW 2024, Third party funding

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This post summarizes an event hosted by Stewarts LLP as part of the 2024 London International Disputes Week (“LIDW”) on the topic of third-party funding (“TPF”) regulation across various jurisdictions. Professor Rachael Mulheron (QMUL) covered England and Wales, Sanjeev Kapoor (Khaitan & Co) offered the Indian perspective, Dr Aseel Zimmo covered the Middle East and…

Access to Justice, Enforcement, International arbitration, LIDW 2024, Russia, Sanctions

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As part of the 2024 London International Disputes Week (“LIDW”), Kirkland & Ellis hosted an event titled “Panel Session on Sanctioned Countries”. The panel, comprised of Anna Bradshaw (Peters & Peters), James Freeman (A&O Shearman), Maya Lester KC (Brick Court Chambers), David Lorello (Covington & Burlington), Jon Newman (Kirkland & Ellis), and Dara Shagal (Pinna…

Bonds, Investment Arbitration, Investment Disputes, Investment protection, ISDS, LIDW 2024

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As part of the 2024 edition of the London International Disputes Week (“LIDW”), Reed Smith LLP hosted a panel on “Bank Collapse and ISDS: Arbitration Strategy and Dramatis Personae”. The panel, moderated by Lucy Winnington-Ingram (Reed Smith), comprised Kathleen Garrett (Reed Smith), Cameron Miles (3 Verulam Buildings), Lorena Fatás Pérez (Ministry of Justice of Spain),…

Artificial Intelligence, LIDW 2024

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London International Disputes Week (“LIDW”) once again revisited the much-debated topic of ‘role played by artificial intelligence (“AI”) in arbitration’ with renewed vigour. There were more than seven events related to arbitration and AI at the LIDW. This post offers a brief insight into three key AI-related events at LIDW from the third day of…

Ethics, LIDW 2024

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As part of Day 3 of the London International Dispute Week (“LIDW”) 2024, Freeths LLP, Gatehouse Chambers and the Chartered Institute of Arbitrators (CIArb, London branch) organized a panel on “Lawyer (Mis)Behaviour International Arbitration”. The panel featured Mr Justice Robin Knowles CBE (High Court Judge of England and Wales), Dr Crina Baltag (University of Stockholm),…

Arbitration Institutions and Rules, International arbitration, LIDW 2024, Space Arbitration, Space Economy

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As part of the London International Disputes Week 2024 International Arbitration Day, Kirkland & Ellis hosted a “Panel Session on Space – Arbitration for Low Earth Orbit Disputes and Beyond.” The panel comprised Artem Doudko (Osborne Clarke), Dr. Jan Frohloff (SRP, Germany), Oliver Grazebrook (Viasat), Rachael O’Grady (Mayer Brown), and Dr. Tanja Masson-Zwaan (Leiden University)….

LIDW 2024, Saudi Arabia

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London International Dispute Week (“LIDW”) 2024 kicked off with more than 700 people attending events starting with a thought-provoking keynote speech by Jan Paulsson – President of the, Saudi Center for Commercial Arbitration (“SCCA”) Court – on the topic “International Arbitration in the Year 2050: Shipwrecked or Basking on the Shores of the Promised Land?”,…

Enforcement, ISDS, LIDW 2024, London, Mediation, Third party funding

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The centerpiece of the 2024 London International Disputes Week was the full day main Conference on Tuesday, 4 June, bringing together leaders from across the dispute resolution world to discuss the topical issues of the moment under the theme of Uniting for Global Challenge and Opportunity.   The Conference was opened by Luke Harrison, partner…

Arbitration Reform, Pakistan

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For decades, Pakistan’s arbitration framework has faced criticism for its inconsistency and inefficiency, contributing to the country’s staggering backlog of over 2.26 million cases in the courts. This backlog includes cases affected by an ineffective arbitration regime that encourages arbitral matters to be taken to courts as a result of their extensive interventionist powers pursuant…

e-signatures, MENA, Middle East, United Arab Emirates

(Al Owais Advocates & Legal Consultants)/ /1 Comment

In recent years, the electronic signature of awards has become widely accepted under various laws and institutional rules, particularly as a result of the increased reliance on the virtual world caused by the pandemic. As discussed in a previous blog post, while some jurisdictions still require awards to be signed by wet ink signatures, many…

Arbitration Act 1996, Arbitration Agreement, CISG, UK

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Can the United Nations Convention on Contracts for the International Sale of Goods (CISG) be applicable to arbitration agreements? The literature has been divided on this matter, with several discernible approaches. This post explores the topic of applicability of the CISG to arbitration agreements from the perspective of the now (in)famous Enka v. Chubb case,…

Arbitration, Energy, Energy Charter Treaty, Energy Dispute, EU Law, European Law, Investment, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, Investor-state tribunals, Italy, Jurisdiction of the arbitral tribunal, Jurisdictional challenge, Renewable energy

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On March 11, 2024, an ICSID arbitral tribunal (Juan Fernández-Armesto (President), Wendy Miles, Alexis Mourre), rendered an award in Encavis AG and Others v. Italy. The controversy follows some other 14 disputes initiated by EU investors against the Italian State under the Energy Charter Treaty (“ECT”) (some of these discussed here) and falls into the…

Canada, CETA, Europe, European Commission, European Union, Expedited arbitration, Expedited Proceedings, Expropriation, Fair and Equitable Treatment, FET, International Investment Arbitration, International Investment Law, Investment, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, ISDS

(Clifford Chance)/ /Leave a comment

Although parts of CETA have been provisionally applied since 21 September 2017, the parts not subject to provisional application – including the investment chapter (CETA’s Chapter Eight) which covers investment protection and dispute resolution – are still pending domestic ratification procedures in 10 EU Member States. In parallel, CETA’s framework for investment protection and dispute…

Arbitration Reform, Pakistan

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In April 2023, the Chief Justice of Pakistan directed the formation of an Arbitration Law Review Committee (“ALRC”) to carry out a review of arbitration laws in Pakistan and propose reforms. The ALRC, which was formed under the aegis of the Law and Justice Commission of Pakistan, was also directed to prepare legislation that would…

European Union, Ireland, Third party funding

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Herbert Smith Freehills

Several recent developments across the EU portend increased availability of third-party funding by parties to EU-seated arbitral proceedings, albeit within a context of regulation of that funding beyond the self-regulatory approach of funder codes of conduct or the rules of funder organizations.   Legalisation of Third-Party Funding of International Arbitration in Ireland Ireland, the only…

Access to Justice, Albania, Arbitral Award, Arbitration, Enforcement, European Court of Human Rights, Foreign arbitral awards, Investment Arbitration, Investment Disputes, Investor-State arbitration, Investor-state tribunals, ISDS, Recognition, Recognition and enforcement of arbitral award

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On 5 March 2024, the European Court of Human Rights (“ECtHR” or “the Court”) delivered its judgment in Iliria S.R.L. v. Albania (“Iliria”), a case concerning a complaint under Article 6(1) of the European Convention on Human Rights (“ECHR” or “the Convention”) relating to a more than 17-year delay in the conclusion of recognition (exequatur) proceedings…

Competence, Georgia, Independence and Impartiality, Jurisdiction

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Despite many years of hard and tireless work for the purposes of ADR promotion in Georgia, the recent attitude of the courts towards arbitration causes significant problems at the level of basic concepts and principles. To demonstrate this, it is enough to take a look at two high-profile 2023 decisions of the Tbilisi Court of…

Arbitral Tribunal, Artificial Intelligence, EU Law, European Union

(WilmerHale & Queen Mary University of London)/ /Leave a comment

There has been a lot of talk about artificial intelligence (“AI”) in international arbitration in recent years.  I vividly remember when I gave the keynote speech on “International Arbitration 3.0 – How Artificial Intelligence Will Change Dispute Resolution” at the Vienna Arbitration Days 2018.  At the time, people were quite skeptical about the topic, but…

Achmea, BIT, CJEU, Domestic Courts, ECT Withdrawal, Energy Charter Treaty, Europe, foreign direct investment, Foreign Investment, International arbitration, Intra-EU Investment Arbitration, Investment Arbitration

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On 25 April 2024, the European Federation for Investment Law and Arbitration (“EFILA”) held its 9th Annual Conference at Clifford Chance in Frankfurt. The conference was opened by the Chair of the Executive Board of EFILA, Mirjam van de Hel (NautaDutilh) who underscored the importance of discussing the impact of geopolitical uncertainties on international arbitration…

empirical data, Empirical Research, Enforcement, International arbitration

(The University of Kansas School of Law), (Pepperdine Caruso School of Law; Three Crowns), (Pepperdine University School of Law), and (Bocconi University)/ /1 Comment

International arbitration specialists frequently estimate that national courts give effect to about 90% of all international arbitral awards. Recently, several scholars have set out to empirically test this estimated 90% enforcement rate (see here, here, here, and here). When they ran their numbers regarding how frequently national courts give effect to awards, however, they found…

Colombia, Environmental protection, Investment protection, Latin America, Minimum Standard of Treatment

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On February 28, 2024, the arbitral tribunal in the arbitration between Red Eagle Exploration Limited (“Red Eagle”) and Colombia (ICSID Case No. ARB/18/13) issued an award under the Canada-Colombia FTA (2008)) (“FTA”). In this post, we discuss the background to this decision as well as the tribunal’s ruling regarding the merits (minimum standard of treatment…