2024 in Review, Albania, Anti-arbitration Injunction, Costs in arbitral proceedings, Economic Sanctions, Enforcement of an arbitration clause, Latvia, Legislation, Legislative amendment, Poland, Recognition and enforcement of arbitral award, Russia, Sanctions

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Following the Blog’s established tradition, this post provides an overview of key developments in the field of arbitration in a selection of jurisdictions in Eastern Europe. This year’s highlights include significant legislative improvements, far-reaching judicial decisions from domestic courts, including the evolution of Russia’s counter-sanctions regime, and a potentially consequential ruling by the European Court…

Arbitration Tech Toolbox, Arbtech, Artificial Intelligence, Deepfakes, Technology

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ArbTech

In modern arbitration proceedings, most evidence goes through a digital process before reaching the eyes of decision-makers. Physical documents are scanned, processed with Optical Character Recognition (“OCR”), archived, and transferred. Digitally created documents follow the last two steps as well. Sometimes these processes are repeated multiple times. This “assembly line of evidence” has become the…

2024 in Review, MENA, Middle East

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The Middle East and North Africa (“MENA”) region entered 2024 amidst continuing political and economic instability. In spite of these challenging circumstances, the past year brought significant advancements in the international dispute resolution space—building on those already achieved in 2023. 2024 saw Abu Dhabi launch the brand new Abu Dhabi International Arbitration Centre (as discussed…

Environment, Environmental protection, Human Rights, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, ISDS

(Georgetown Law) and (Columbia Law School)/ /Leave a comment

This is the sixth 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, here, and here). As we emphasized last year, developments at this intersection continue directional trends from prior years. In particular, the continued reliance…

Conflict of Jurisdiction, Domestic Courts, LCIA, Russia, Sanctions

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Just over 4 months after its previous landmark ruling of 26 July 2024, the Russian Supreme Court continues its crusade against “hostile” or “unfriendly” arbitration forums under the so-called Lugovoy Law (Articles 248.1 and 248.2 of the Russian Arbitrazh (commercial) procedure code). On 28 November 2024, the Supreme Court issued a new ruling in which…

2024 in Review, France, French Law, Reform

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In a year marked in France by the Paris Olympics and political instability, 2024 proved to be somewhat less eventful in terms of arbitration-related developments than previous ones (see 2023, 2022, 2021, and 2020). New trends and reforms are also on the horizon. This post aims to review some of this year’s noteworthy developments.  …

Anti-suit injunction, England, English Arbitration Act, English courts, English Law

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In UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30 (UniCredit), the UK Supreme Court unanimously confirmed that anti-suit injunctions (ASIs) could be issued by English courts in support of foreign-seated arbitrations, where the arbitration agreement is governed by English law.  The Supreme Court’s decision brought welcome finality to a series of decisions with divergent…

Arbitration Proceedings, Due process, Efficiency, Fair hearing, International arbitration

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HK45

Due process provisions meant to serve as a shield against arbitrary or unequal treatment may at times be transformed into swords by abusive parties to achieve precisely the consequences that such provisions are meant to shield against. This has typically materialized by due process paranoia of the tribunals that would incentivise recalcitrant parties to file…

2024 in Review, Argentina, Brazil, Brazil, Costa Rica, Ecuador, Latin America, Peru

(Herbert Smith Freehills), (Barbosa, Müssnich & Aragão Advogados – BMA), and (BakerHostetler)/ /Leave a comment

Despite the timid growth rate estimated at 1.9%, the lowest among all global regions, the year 2024 has been pivotal for commercial arbitration in Latin America, marked by significant legislative and institutional developments. Countries like Brazil, Argentina, Uruguay, Peru, and Costa Rica introduced reforms aimed at enhancing transparency and flexibility in arbitration practices. These changes…

Anti-suit injunction, Arbitration, Courts, Korea, Singapore, Singapore Court of Appeal, Singapore International Commercial Court

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Say that Party B sues Parties A and C in a court in Jurisdiction X, notwithstanding an arbitration agreement between Parties A and B that covers “all disputes, controversies or claims arising out of or in connection” with their contract. Parties A and C then turn to Jurisdiction Y, the seat of arbitration, for an…

2024 in Review, Azerbaijan, China, Hong Kong, Japan, Korea, Uzbekistan

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

This past year brought significant developments in international arbitration across East and Central Asia, shaping the region’s dispute resolution landscape. China’s latest draft amendment to its Arbitration Law introduced key reforms but was seen by many as representing a conservative shift from earlier proposals. Japan and Azerbaijan modernized their national arbitration laws to align with…

Arbitration Institutions and Rules, MENA, Qatar

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The Qatar International Centre for Conciliation and Arbitration (“QICCA”) has recently introduced new arbitration rules, effective from 1 January 2025 (“2024 Arbitration Rules”). These revised rules are aligned with global best practices and aim to enhance the efficiency, transparency, and flexibility of the arbitration process, solidifying QICCA’s position as a leading international arbitration institution within…

Asia-Pacific, Institutional Arbitration, Interviews with Our Editors, New Zealand, Pacific Islands, Sport arbitration

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Sir David Williams KC is an Associate Member of Bankside Chambers, Auckland, New Zealand. Sir David is a former Justice of the High Court of New Zealand, the High Court of the Cook Islands, and the Court of the Dubai International Financial Centre. Since 2005, Sir David has been consistently praised as “one of the…

2024 in Review, Advisory Centre, Dispute Settlement, Investment Arbitration, Investment Disputes, Investor-State arbitration, ISDS, ISDS Reform, UNCITRAL WG III Series, UNCITRAL WG3 Series, Working Group III

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2024 appeared to be one of the busiest years for investor-State dispute settlement (“ISDS”) reform, with significant advances in the United Nations Commission on Trade Law (“UNCITRAL”) Working Group III discussions and the adoption of the modernized Energy Charter Treaty (“ECT”). This post exclusively focuses on Working Group III’s key milestones in 2024 and relevant…

2024 in Review, Achmea, Anti-suit injunction, Colombia, Enforcement, English courts, Immunity, Intra-EU Investment Arbitration, Intra-EU ISDS, Sovereign Immunity, UK, United States, United States Courts

(Herbert Smith Freehills)/ /Leave a comment

The doctrine of sovereign immunity has long been a cornerstone of international law, shielding states from enforcement actions. Sovereign immunity can be subdivided in two: immunity from jurisdiction and immunity from execution. While immunity from jurisdiction means that domestic courts are prevented to hear and decide cases involving another sovereign state, immunity from execution precludes…

Culture, Emergency Arbitration, Emergency Arbitrator, Japan, Risk Management, Settlement

(Nishimura & Asahi), (Mori Hamada & Matsumoto), and (Anderson Mori & Tomotsune)/ /Leave a comment
YSIAC

On the opening day of the inaugural Japan International Arbitration Week, November 18, 2024, YSIAC held a panel discussion titled “Arbitration as an Advantage: Strategic Use of International Arbitration for Business Success,” in Tokyo, Japan, bringing together leading in-house counsel and private practitioners to discuss the strategic use of international arbitration by companies across various…

2024 in Review, Brazil, Brazil, International arbitration, Investment Arbitration, Latin America

(Herbert Smith Freehills), (BakerHostetler), and (Barbosa, Müssnich & Aragão Advogados – BMA)/ /Leave a comment

Latin America continues to be a hotspot for investment arbitration. In 2024, investment arbitration in Latin America saw significant activity and notable developments. In addition to seeing a steady increment in arbitration cases, 2024 witnessed important legal reforms and evolving trends that are reshaping the region’s approach to investment and investor-State dispute settlement (“ISDS”). This…

Artificial Intelligence, Conference, Non-signatory, Switzerland, Switzerland

(Lalive), , (Homburger), , , (Swiss Arbitration), (Schellenberg Wittmer), and (Nater Dallafior Rechtsanwälte AG)/ /Leave a comment

The Swiss Arbitration Summit is back! Following the resounding success from its first edition in Geneva last year, the second edition of the Summit is scheduled to take place this year in Zurich from January 29, 2025 to February 2, 2025. The Summit is more than just a conference. It is an immersive experience that…

Interviews with Our Editors

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Welcome to the Kluwer Arbitration Blog and our “Interviews with our Editors” series, Ms. Falconer!   1. Could you please briefly introduce yourself and share with our readers how your legal journey brought you to the field of international arbitration? Yes, of course! My name is Caroline Falconer, Secretary General (“SG”) of the SCC Arbitration…

2024 in Review, England, English Arbitration Act, English courts, English Law, Ireland, UK

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2024 has been another fruitful year for arbitration developments in the British Isles. As part of the 2024 Year in Review series, this post considers the key judicial, legislative and institutional developments in England and Wales in the past year, as well as highlights from Ireland’s arbitration landscape.   Judicial Developments in England and Wales…

Arbitration, judicial reform, Latin America, Mexico, Reform

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On September 15, 2024, the former President of Mexico, Andrés Manuel López Obrador, enacted a law that profoundly modifies the Mexican judicial system at both the federal and local level. This law aims to transform the Mexican juridical system to promote accessibility, transparency, democracy, and efficiency. A significant change is the election of justices and…

Africa, Investment, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment protection

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The Patel Engineering Limited (“PEL”) v the Republic of Mozambique tribunal, constituted under the UNCITRAL Arbitration Rules, dealt with pre-investment expenditures and whether such expenditures constitute a protected investment. Investors frequently make expenditures in the preparatory phase of an investment, such as environmental impact assessments, scientific surveys, or financial advice. When are these expenditures considered…

ICC Miami Conference, Latin America

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After concluding the first day of the 22nd ICC Miami Conference with a dinner and a fun party that kept the attendees dancing until late at night, the conference promptly resumed the next morning. Day 2 (December 3, 2024) featured an exciting lineup of discussions on various topics, including the ICC’s own Terms of Reference…

ICC Miami Conference, Latin America

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On December 2 and 3, 2024, the International Chamber of Commerce (“ICC”) hosted the 22nd ICC Miami Conference on International Arbitration, which brought together over 800 participants from all over the world to discuss critical developments in international arbitration in Latin America, making it the largest ICC conference ever held. Honoring its title “Revisiting the…