Ad hoc arbitration, Arbitration Agreement, China, Competence-Competence, Interim measures, PRC, Seat of the arbitration, Validity

, (Hui Zhong Law Firm)/ /1 Comment

On November 8, 2024, the Standing Committee of the 14th National People’s Congress released for public comment the draft amendment to the PRC Arbitration Law (“2024 Draft”) after its first review during the Twelfth Session meeting. The 2024 Draft version generated immediate and widespread concerns and criticism. In stark contrast to the draft amendment released…

Arbitrability, Australia, Climate change, Consumer disputes

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

Greenwashing has become a key target of regulators and climate activists alike, as they bring claims against companies who now face fines, litigation and potential brand damage for misrepresenting the environmental benefits of their products, services and policies. Regulators across the world have launched campaigns against greenwashing. In the US, prior to its recent disbandment,…

Energy, Korea, Middle East, Renewable energy, Southeast Asia, Uncategorized

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On the first day of Seoul Arbitration Festival 2024, law firms Yoon&Yang, 39 Essex Chambers, and Al Tamimi & Company hosted a panel discussion titled ‘New and Renewable Energy Landscape in Korea and Beyond—Current Issues in Project Development and Dispute Resolution.’ The discussion was divided into two sessions. The first session focused on current new…

Arbitration, Enforcement, Exequatur, Netherlands

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The Court of Appeal of Amsterdam (the “Court”) recently granted leave to enforce a foreign ICC award in the Netherlands, despite fraud allegations and pending setting-aside proceedings in France. The Court (i) accepted territorial jurisdiction on the basis of the claimant’s plausible intent to enforce within the jurisdiction, (ii) examined the fraud allegations with a…

Bifurcation of proceedings, North America, United States, USA

(WU (Vienna University of Economics and Business) - Institute for Accounting and Auditing)/ /Leave a comment

With Procedural Order No 4 on Bifurcation (hereinafter “PO 4”), the Tribunal of Alberta Petroleum Marketing Commission v. USA issued a decision on bifurcation at the request of the Respondent following, as many others, Glamis Gold. While in Glamis Gold the request to bifurcate proceedings was rejected, this Tribunal decided to grant the application. The…

Energy Charter Treaty, Intra-EU Investment Arbitration, Intra-EU ISDS, Spain, United States Courts

(Pierson Ferdinand) and / /Leave a comment

In a pivotal ruling on August 16, 2024, the U.S. Court of Appeals for the D.C. Circuit (“Appellate Court”) addressed whether intra-EU arbitration awards issued under the Energy Charter Treaty (“ECT”) are enforceable in U.S. federal courts. With Spain facing over $390 million in awards, the Appellate Court confirmed that U.S. courts have jurisdiction to…

Arbitration, Insolvency, Lex Arbitri, Lex Fori, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL, UNCITRAL Model Law

(King's College London)/ /Leave a comment

Since 2019, Working Group (“WG”) V of UNCITRAL has been working on the adoption of a choice of law instrument that regulates the law applicable to the international effects of insolvency proceedings. The project seeks to include a rule on the law governing the impact of insolvency in arbitration. Part I of this post examines…

Arbitration, Insolvency, Lex Arbitri, Lex Fori, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL, UNCITRAL Model Law

(King's College London)/ /Leave a comment

Building on Part I of this post, Part II explains the serious practical disfunctions that would derive from the adoption by Working Group V (“WG V”) at UNCITRAL of the current proposal to subject all the effects of insolvency in arbitration to the law of the State in which insolvency proceedings have been opened (the…

Canada, Domestic arbitration, Jurisdiction, NAFTA, Set aside an international arbitral award

(Mechantaf Law)/ /Leave a comment

In July and August 2024, the Court of Appeal for Ontario (CA) and the Ontario Superior Court of Justice (SCJ) have addressed critical questions concerning the jurisdiction of arbitration tribunals. Two noteworthy decisions have emerged: the first shedding light on the tribunal’s authority to correctly apply matters within its own jurisdiction, and the second on…

Conference, Denial of Benefits, Investment Arbitration, UNCITRAL WG III Series

, (KNOETZL)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

On 23 September 2024, the third ITA Roundtable at an UNCITRAL Working Group III (“UNCITRAL WG III”) session took place at the offices of KNOETZL. Anna Joubin-Bret, Secretary of UNCITRAL, and Jurgita Petkute, Partner at KNOETZL, gave introductory remarks. Dr. Crina Baltag from Stockholm University moderated the discussion of the panel consisting of Lorena Fatás…

Ecuador, Investment Arbitration, Investment Disputes, ISDS, Latin America

(FWO - Ghent University)/ /Leave a comment

On March 27, 2024, an arbitration tribunal issued its Phase II award in the EcuadorTLC v. Ecuador II case (“EcuadorTLC II”), a decision that has flown under the radar of systemic analysis. This case is one of a number of new Ecuadorian arbitration cases (here, here) that have come into the public eye in the…

Conference, ICC, International arbitration

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On 26 September 2024, the International Chamber of Commerce (ICC) hosted the 19th ICC New York Conference on International Arbitration, which brought together over 300 participants from 40 countries to discuss critical developments in international business and arbitration.  Held in tandem with the ICC Institute Advanced Training on “The Amicable Settlement of Disputes in International…

Energy Charter Treaty, Investor-State arbitration, Investor-state tribunals, ISDS, Procedure, Provisional measures

(Università degli Studi di Trieste and Luiss Guido Carli)/ /Leave a comment

On 23 July 2024, an ICSID arbitral tribunal in the case Klesch Group v. Germany issued a decision on provisional measures directing the respondent State to refrain from collecting certain windfall profits tax in order to protect the exclusivity of the ICSID arbitral proceedings and the status quo between the parties. This post will summarize…

China, ITA, Latin America, Mining Sector

(Legal Delta) and , (Debevoise & Plimpton LLP)/ /Leave a comment

On October 1st, over 40 attendees—including senior lawyers, arbitrators, and law students—gathered at Debevoise & Plimpton’s New York offices for a groundbreaking ITA Americas Initiative event titled “Dialogues on Latin American Arbitration: Mining Disputes, China’s Growing Influence, and Recurring Damages Issues.” Organized with the support of the Asociación Latinoamericana de Arbitraje (ALARB), this forum marked…

Brazil, Latin America

, (Adriana Braghetta Advogados)/ /Leave a comment

Brazil is internationally recognized as an arbitration-friendly jurisdiction. As a signatory to the New York Convention, its arbitration framework is modeled on UNCITRAL Model Law, and its highest courts actively support and promote arbitration. Despite this, the participation of Brazilian public entities in arbitration remains a subject of debate, even though legislative reforms aimed at…

Costs, Costs in arbitral proceedings, Security for Costs

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On 7 November 2024, the SCC Arbitration Institute (“SCC”) hosted a discussion on security for costs in international arbitration, with Anna Joubin-Bret, Secretary of UNCITRAL; Dr. Faris Nasrallah, Head of Arbitration at Crescent Petroleum; Dr. Monique Sasson, Partner DeliSasson and arbitrator with ARBITRA; Jake Lowther, Specialist Counsel, SCC Arbitration Institute, and moderated by Dr Crina…

Brazil, CAM-CCBC Congress, Latin America

(BMA Advogados )/ /Leave a comment

The second day of the CAM-CCBC Arbitration Congress XI (“Congress”) featured three insightful panels, each addressing critical topics in the field of arbitration. The first panel, moderated by Ms. Niamh Leinwather, discussed the media’s influence on arbitration. This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring…

Brazil, CAM-CCBC Arbitration Congress IX Edition, Latin America

(RMM Dispute Resolution)/ /Leave a comment

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),…

Arbitration institution, Arbitrators, Latin America, Peru

, (Rebaza, Alcázar & de las Casas)/ /Leave a comment

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…

EU Competition Law, EU Law, Europe, European Court of Justice, European Law, European Union, Micula, State Aid

(Curtis, Mallet-Prevost, Colt & Mosle)/ /Leave a comment

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…

Brazil, Latin America

(FCDG Advogados)/ /Leave a comment

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…

Achmea, EU Law, German Federal Constitutional Court, International Investment Arbitration, International Investment Law, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, ISDS

(Schellenberg Wittmer)/ /Leave a comment

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, Latin America

(DJ Arbitraje) and (Ecija Abogados)/ /1 Comment

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…

Chile, Latin America

(Cuatrecasas)/ /2 Comments

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…