On October 14, 2024, CAM-CCBC hosted the XI edition of its Arbitration Congress in São Paulo. As usual, the Congress kick-started the São Paulo Arbitration Week, setting in motion a week of insightful discussions and valuable networking opportunities across the city. If you couldn’t make it or had to leave early (we’ve all been there),…
On September 21, 2024, Legislative Decree No. 1660 (“Decree”) was enacted. The Decree strengthens the National Registry of Arbitrators and Arbitration Centers (“RENACE”), mandating the registration of arbitration centers and arbitrators. RENACE was created in 2020 by the First Additional Final Provision of Urgent Decree No. 020-2020, which amended the legal framework for arbitration proceedings…
On October 2, 2024, the EU General Court delivered a much-anticipated decision in the long‑running Micula saga, upholding the European Commission’s qualification of the award in Ioan Micula, Viorel Micula, S.C. European Food S.A, S.C. Starmill S.R.L. and S.C. Multipack S.R.L. v. Romania [I] as State aid. Coming after more than 10 years of litigation…
On September 4, 2024, the Chamber for Conciliation, Mediation and Arbitration of CIESP/FIESP (the Federation of Industries of the State of São Paulo, Brazil) released a new set of arbitration rules for the autonomous taking of evidence through arbitral proceedings (the “Rules”). This development, and the general trend it tends to set, builds on the…
On March 6, 2018, the Court of Justice of the European Union (“CJEU”) delivered its (in)famous Achmea judgment (Case C-284/16), which subsequently became synonymous with the demise of investor-state arbitration in bilateral investment treaties between Member States of the European Union (“intra-EU BITs”). In this decision, the CJEU concluded that investor-state arbitration clauses in intra-EU…
Costa Rica has long been heralded as a beacon of political, social and economic stability in the Americas. Its respect for the rule of law, coupled with a strong commitment to the peaceful resolution of disputes, has allowed it to develop a strong practice of alternative dispute resolution. The arbitration law adopted in 1998 (the…
The Chilean Court of Appeals (the “Court”) recently rendered a decision that underscores the importance of impartiality in domestic arbitration proceedings (the “Decision”). Particularly, the Court annulled an arbitral award after a disciplinary recourse was filed by the respondent against a sole arbitrator and granted for a reason which is highly unusual: the metadata of…
In Aiteo Eastern E & P Company Ltd v Shell Western Supply and Trading Ltd & Ors [2024] EWHC 1993 (Comm) (01 August 2024), the Commercial Court considered in detail the principles set out in Halliburton Co v Chubb Bermuda Insurance Ltd [2020] UKSC 48 (“Halliburton“) on the question of apparent bias of an arbitrator in a challenge…
What had to be a simple touch-and-go on the Curaçao, Caribbean airport for Venezuelan airline Albatros (officially named Alianza Glancelot C.A., “Albatros”) became a longer-term storage exercise of one of its few aircraft, leading to significant loss of revenue and jeopardizing its ability to stay afloat as an airline. Following a Florida seated arbitration in…
On 17 and 18 October 2024, the International Chamber of Commerce (ICC) and FIDIC co-hosted the annual ICC FIDIC Conference on International Construction Contracts and Dispute Resolution in Seoul. During the two-day conference, the speakers presented an update on developments and trends in the construction industry while sharing their insights into contracts and disputes. This…
On 17 and 18 October 2024, ICC and FIDIC co-hosted the annual ICC-FIDIC Conference on International Construction Contracts and Dispute Resolution in Seoul. On the second day, the panels focused more on dispute resolution aspects of construction projects and FIDIC. Session 5: Part I—Recent ICC and FIDIC Highlights Day 2 commenced with updates on…
Over the last decade, the Czech Republic has defeated several treaty claims that were brought by investors following reforms in the Czech solar power sector. The state’s winning streak ended in June 2024, when the Swiss Supreme Court upheld an arbitral award ordering the Czech Republic to pay over 350 million Czech koruna (15 million…
The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation, and current developments from over 60 countries and 12 institutions. To get your free subscription to the…
On the third day of Hong Kong Arbitration Week, the ADR in Asia Conference took place, featuring a morning panel on China’s Inbound and Outbound Investment: Impact on Disputes. Panelists provided regional insights into the evolving landscape of international investment disputes. The panelists shared their regional perspectives on the evolving landscape of international investment. Meg…
On 28 May 2024, the Chilean Supreme Court rendered a landmark ruling in Albemarle Limitada v Emaresa Ingenieros y Representaciones S.A. & Or (see Case No. 10854-2024). The case concerned an international arbitration seated in Chile under the Law No. 19,971 on International Commercial Arbitration (“LACI”), which follows the UNCITRAL Model Law. This case raised…
In Brazilian domestic arbitrations, it is not uncommon for parties to make arguments or requests based on the Brazilian Code of Civil Procedure (“BCCP”), even though the Brazilian Arbitration Act (“BAA”) does not provide for the application of such procedural rules to arbitral proceedings, not even on a supplementary basis. The question of whether the…
Kosovo Law No. 04/L-220 on Foreign Investment (hereinafter, the “2014 Law on Foreign Investment”), which safeguarded foreign investors as a key element in promoting international economic cooperation and attracting foreign capital, has now been replaced by Law No. 08/L-209 on Sustainable Investments (hereinafter, the “2024 Law on Sustainable Investments”). The purpose of the 2014 Law…
On 2 May 2024, the Paris Court of Appeal set aside an ICC award rendered on 1 September 2016 in Paris due to the existence of facts likely to cause, in the minds of the parties, a reasonable doubt as to the presiding arbitrator’s independence. This post will summarise and comment the judgment rendered by…
The Singapore International Arbitration Centre (“SIAC”) hosted its Annual India Conferences in Mumbai and Delhi on 6 and 7 September 2024. These Conferences were themed ‘New Developments and Reforms in International Arbitration: The Best Path Forward’, and brought together members of the judiciary, lawyers, in-house counsel, and other prominent figures in the field of international…
Riding on the waves of the Singapore Convention Week and the IP Week @ Singapore, the Chartered Institute of Arbitrators (“CIArb”) and the Intellectual Property Office of Singapore (“IPOS”) co-hosted a conference on Intellectual Property (“IP”) and Technology Dispute Resolution on August 29, 2024. The event featured speakers and panelists from the Singapore and English…
On May 17, 2024, Guyana passed the Arbitration Act 2024 (Act No. 6 of 2024) (“AA”). The AA repealed the outdated Arbitration Act, Cap 7:03, Laws of Guyana (Act No. 17 of 1916), passed more than a century ago, and makes Guyana the latest Commonwealth Caribbean country, after Trinidad and Tobago, which passed new legislation…
On the second day of Hong Kong Arbitration Week 2024, Mishcon de Reya in association with Karas So LLP hosted a panel discussion titled “Guarding the integrity of arbitration – Reflections on the landmark English decision in Nigeria v P&ID”. The panel examined the English Commercial Court’s landmark decision to set aside a USD 11…
Kicking off Hong Kong Arbitration Week 2024, Eversheds Sutherland hosted a thought-provoking panel discussion on “12 Angry Robots and Crowd-Sourced Dispute Resolution – Justice in the Digital Age” on 21 October 2024. The panel delved into (i) the mechanisms and challenges of dispute resolution in the decentralized space, and (ii) the integration of artificial intelligence…
This February, Ms. Joanne Lau assumed the position of the Hong Kong International Arbitration Centre (“HKIAC”) Secretary-General, succeeding Dr. Mariel Dimsey. Prior to this, Joanne spent more than a decade practicing at an international law firm, building and managing a successful international arbitration practice as part of its leadership team. Joanne brings to HKIAC a…
