Eastern Europe, Foreign Investment Law, Investment Arbitration

, (IPLegals)/ /Leave a comment

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investors as a key element in promoting international economic cooperation and attracting foreign capital, has now been replaced by Law No. 08/L-209 on Sustainable Investments (hereinafter, the “2024 Law on Sustainable Investments”).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…

Annulment, France, French Law, Independence and Impartiality

(Clyde & Co)/ /1 Comment

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…

India, Singapore International Arbitration Centre

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Singapore International Arbitration Centre (SIAC)

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…

Arbitration, Intellectual Property, Mediation, Singapore, Technology

(Morrison Foerster)/ /1 Comment
Chartered Institute of Arbitrators (CIArb)

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…

Amendment, Arbitration Act, Caribbean, International arbitration, International Commercial Arbitration

(Attorney General's Chambers and Ministry of Legal Affairs of Guyana)/ /1 Comment

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 The AA repealed the outdated Arbitration Act, Cap 7:03, Laws of Guyana (Act No. 17 of 1916), passed more than a century ago, and makes Guyana the latest Commonwealth Caribbean country,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…

Arbitration, Arbitrators, Corruption, Fraud, HK Arbitration Week

, (Mishcon de Reya in association with Karas So LLP)/ /1 Comment

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…

Artificial Intelligence, HK Arbitration Week, HKIAC

, , (Eversheds Sutherland)/ /Leave a comment

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…

Case Management, China, HK Arbitration Week, HKIAC, Hong Kong

(Skadden, Arps, Slate, Meagher & Flom LLP)/ /Leave a comment

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…

Institutional Rules, Mediation and Dispute Management, Reform, Settlement

(ArbBoutique) and (International Chamber of Commerce)/ /1 Comment

The advantages of parties settling their disputes are self-evident. While there are several settlement facilitation techniques that arbitral tribunals have developed (see Carrara, Sussman & Berger and Vysudilova & Kirtley), arbitral institutions have remained in the background. At the 8th ICC European Conference in March 2024, the message conveyed by the parties was loud and…

ACICA, Australian Arbitration Week, Culture, Fiji, foreign direct investment, Med-Arb, Pacific Islands, Papua New Guinea, Reform, Solomon Islands, Tonga

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ACICA

The Pacific region, with its rich tapestry of cultures and diverse political landscapes, presents both unique opportunities and formidable challenges for international arbitration. As nations within this region strive to attract foreign direct investment (“FDI”) and foster economic growth, the role of arbitration becomes increasingly pivotal. On 17 October 2024, during the Australian Arbitration Week…

ACICA, Australia, Australian Arbitration Week, Burden of proof, Evidence, IBA Rules of Evidence

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ACICA 45

Australian Arbitration Week continued in full force on the morning of 16 October 2024, with ACICA45’s panel discussion named, “Filling in the Gaps: Inferences, Presumptions, and Burdens of Proof,” hosted by Deloitte.  The panel was moderated by Brisbane-based ACICA45 Steering Committee members Oliver Cook (Barrister, Level 27 Chambers) and Zara Shafruddin (Associate, Jones Day).  Drawing…

ACICA, Asia, Australia, Australian Arbitration Week, Corporate Social Responsibility, Energy, Energy Dispute, Environmental protection, ESG, Investor-State arbitration, Oil & Gas, Price revision, Renewable energy, Third party funding

(Australian Centre for International Commercial Arbitration)/ /Leave a comment
ACICA

On 15 October 2024, Norton Rose Fulbright hosted a breakfast panel discussion on the topic of “Hot Cakes and Hot Takes: Trends and Developments in Asia’s Energy Sector” in Brisbane as part of Australian Arbitration Week. The panel was moderated by Dylan McKimmie, Head of Arbitration and Co-Head of Energy, Norton Rose Fulbright Australia and…

COVID-19, Force majeure, Portugal

(Linklaters LLP) and / /Leave a comment

In a landmark decision, the Portuguese Supreme Administrative Court has overturned an arbitral award which dealt with the different available remedies in case of a fundamental change in circumstances (in this case, the effects of Covid-19) ruling that affording a force majeure protection to a party should have the effect of excluding other remedies to…

ACICA, Australia, Australian Arbitration Week, Interviews with Our Editors

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ACICA

Judith Levine is the President of the Australian Centre for International Commercial Arbitration (“ACICA”). Judith has been a long-serving member of ACICA and was one of its Vice-Presidents before her appointment as President in June this year. She is also a leading independent arbitrator based in Sydney, Australia, and has served as presiding, sole, and…

ITA Arbitration Report

(Notre Dame Law School), (Stockholm University), and / /Leave a comment

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 ITA…

Arbitration Act 1996, English Arbitration Act, English courts, English Law, Governing Law, Uncategorized

(Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

The English Arbitration Bill, introduced to UK Parliament in November 2023, aimed to ensure that the Arbitration Act 1996 remained fit for purpose and maintained England’s status as a leading destination for commercial arbitration. However, the bill was lost when the 2024 UK general election was called. In July 2024 the new government reintroduced the…

Artificial Intelligence, Confidentiality, DIS, Diversity, Efficiency, Germany

(CMS Hasche Sigle)/ /Leave a comment

The DIS Autumn Conference, held on 10 September 2024, was the main event of the Berlin Dispute Resolution Days, which took place from 9 to 12 September 2024 and were jointly organized by the German Arbitration Institute (DIS), the Federal Ministry of Justice, and the Humboldt University in Berlin. Set against the vibrant backdrop of…

DIAC, DIFC, Enforceability, Enforcement, Enforcement of an arbitration clause, MENA, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UAE

(Blanke Arbitration LLC)/ /Leave a comment

In a recent ruling of 20 June 2024 (ARB 009/2024 Narcisco v. Nash), the Dubai International Financial Centre (“DIFC”) Court of First Instance (“DIFC CFI”) was asked, as part of a wider investigation to grant an anti-suit injunction, to consider the validity of an arbitration agreement that provided for arbitration under the DIFC-London Court of…

Artificial Intelligence, Energy, SIAC, SIAC Symposium, SIAC Symposium 2024, Singapore International Arbitration Centre, Southeast Asia, Trade Disruption

(Omni Bridgeway)/ /Leave a comment
YSIAC

The 2024 Singapore Convention Week kicked off with a bang on 26 August 2024 with the Singapore International Arbitration Centre (“SIAC”) hosting its flagship SIAC Symposium at the Shangri-La Hotel, Singapore. The SIAC Symposium 2024 featured a welcome address by Mr Davinder Singh SC (Chairman, SIAC; Executive Chairman, Davinder Singh Chambers LLC), a keynote address…

Artificial Intelligence, Confidentiality, Conflicts of interest, Due process, Ethics, Illegally obtained evidence, Privilege, SIAC, SIAC Symposium, SIAC Symposium 2024, Singapore International Arbitration Centre, Southeast Asia, Technology

(Shearn Delamore & Co)/ /Leave a comment
YSIAC

Following the morning session of the SIAC Symposium 2024, which explored issues including the challenges posed by artificial intelligence (“AI”), climate change, and trade disruption (see Part 1), the afternoon session consisted of three plenary panel discussions that delved into the core issues shaping the future of arbitration. These pivotal topics comprised: the ethical considerations guiding…

Arbitral Award, Colombia, Money Laundering, Non-justiciability, Security Exceptions, Self-judging clauses

(University of Vienna)/ /Leave a comment

One of the most contentious issues in investor-state dispute settlement (“ISDS”), leading to an extensive scholarly debate, and yet one of the least decided legal questions in arbitral practice is the functioning and effect of security exceptions. One of the reasons for that is the relatively low number of investment treaties that include such provisions…

Journal of International Arbitration

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

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Michael Hwang, Gökçe Uyar & Cosima Wimmers, The Enka v. Chubb/Anupam Mittal v. Westbridge Controversies: Why Not the Hong Kong (Partial) Solution? This paper explores the critical theme of determining the governing law…

Crimea, Good Faith, Interpretation, Investment Treaties, Treaty Interpretation, VCLT

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It is not unnoticed that good faith gained relevance in investment treaty arbitration. There is an increasing number of decisions where good faith was relied on by tribunals on the basis of Article 31(1) of the Vienna Convention on the Law of Treaties (“VCLT”), the general rule of interpretation, according to which “[a] treaty shall…

Mass claims, Mass litigation

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Mass arbitration has become extraordinarily expensive and highly volatile. The practice originated during a low tide for conventional class action certification and a high tide for judicial enforcement of individual arbitration agreements and class action waivers. Over the past decade, plaintiffs’ firms embraced this legislative and jurisprudential landscape and coordinated mass filings of individual arbitration…