For the last couple of years Working Group V at UNCITRAL has been working on a project dedicated to the applicable law in insolvency proceedings. The law governing the effects of insolvency in arbitration has become one of the most contentious topics in the negotiations. The draft provisions subject to discussion in the 63rd session,…
Even though the use of arbitration in commercial disputes is widely established in Europe, most European countries seems unwilling to use arbitration in family matters although it provides for the same benefits to parties. England seems to perfectly understand the opportunity and necessity to use arbitration in such disputes in the domestic realm, thanks to…
With a cybersecurity themed problem, this year’s Willem C. Vis International Commercial Arbitration Moot (Vis Moot) fittingly sets new rules regarding the use of artificial intelligence (AI) tools in the competition. Introduced by an AI-generated video of Professor Christopher Kee (one of the Vis Moot’s three directors), the Vis Moot’s new rules do not outright…
On 14 September 2023, the Netherlands Arbitration Institute (NAI) held its Annual General Meeting at the Peace Palace in The Hague, attracting over 160 participants from the Netherlands and beyond. This post provides an overview of the event’s highlights. Welcoming Remarks The General Meeting started with Prof. Gerard Meijer, (President of the NAI) welcoming…
In our data-centric economy, disputes related to the safeguarding, access and use of data are on the rise. That Microsoft has ‘stashed’ almost half a billion dollars in anticipation of a potential regulatory fine for allegations of dodgy data processing practices at its unit, LinkedIn, indicates that with big data comes bigger disputes. These disputes…
On 19 October 2023, the Plenary of the Madrid International Arbitration Center (CIAM) approved its new Rules, which will enter into force on 1 January 2024. The CIAM was created in 2020 from the merger of the international activity of the three main and most active, in terms of caseloads, arbitral institutions in Spain: the…
As the most prestigious arbitral institution in the world, the ICC International Court of Arbitration celebrated its 100th anniversary in 2023. The Third ICC Arbitration Conference for the Northeast of Brazil (“ICC Conference”), convened by the International Chamber of Commerce Court and the National Committee of Brazil, took place on 4 October 2023, to commemorate…
Evidence is the beating heart of almost every dispute, and there is no exception in international arbitration. Therefore, the ‘Evidence in International Arbitration Report’ (Report) recently released by the Australian Centre for International Commercial Arbitration (ACICA) and FTI Consulting on 6 September 2023 will be invaluable for arbitration users looking to test and improve their…
In August 2023, the Institute for Transnational Arbitration (“ITA”) published the “Final Report and Recommendations of the ITA Caribbean Task Force” (“Report”). The Task Force, when the Report was published, consisted of Calvin Hamilton and Hon. Barry Leon (Co-Chairs) and Theominique D. Nottage (Deputy Chair), who are the authors of this post. The Task Force…
In 2004, Chile enacted Law No. 19.971 on International Commercial Arbitration (“LACI”) based on the UNCITRAL Model Law of 1985 (“Model Law”). This note describes, without assessing its merits, how the process to resolve an application to set aside awards has evolved in practice in Chile (“Application for Set Aside” or “Application”), the sole remedy…
On November 15, 2023, during the 5th annual New York Arbitration Week, White & Case LLP hosted an event covering the possibility of obtaining evidence from non-parties to an international arbitration following the 2022 U.S. Supreme Court decision in ZF Automotives US Inc. v. Luxshare, Ltd., 596 U.S. ___ (2022) (“ZF Automotives”). In that decision,…
On November 17, 2023, Fordham Law School hosted its annual full-day Conference on International Arbitration and Mediation (“CIAM”), titled “Key Issues in International Dispute Resolution: 2023.” The program concluded the fifth-annual New York Arbitration Week, which ran from November 13 through November 17, hosted by NYIAC and CIArbNY. The program was a fitting capstone to…
“Corporations have their own global private court system – called ISDS – which they use to bully governments. But many victims of corporate human rights abuses don’t have any way of winning justice. This is unfair. We need to end these corporate courts now! Rights for people, rules for corporations.” Letter from the Stop ISDS…
As part of the 2023 New York Arbitration Week, on November 13, 2023, Chaffetz Lindsey LLP and the New York Arbitration Week Organizing Committee hosted Tales from the Hearing Room: “What Would You Do?”, a young practitioners panel jointly organized by CIArb’s Young Members Group, AAA-ICDR Young & International, CPR Young Leaders in ADR, and…
On November 16, 2023, during the 5th annual New York Arbitration Week, DLA Piper hosted a double feature event focused on the effective management of risks and disputes in the context of M&A transactions. The first portion of the event featured a fireside chat with Jonathan Olefson (General Counsel and Corporate Secretary of Syneos Health)…
On 15 September 2023, the United Arab Emirates (“UAE”) reformed the legal framework governing arbitration. Under the recently issued Federal Law No. (15) of 2023 (“Amendment Law”), specific amendments have been introduced to key articles of the Federal Arbitration Law No. (6) of 2018 (“UAE Arbitration Law”), a legislation comprising of 61 articles which stands…
Ecuador distanced itself from the International Centre for Settlement of Investment Disputes (“ICSID”) system more than a decade ago. During this period, Ecuador withdrew from all its bilateral investment treaties (“BITs”) and the 1966 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Convention”). In August 2021,…
Introduction On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the People’s Republic of China (“PRC”) Foreign State Immunity Law (“CFSIL”, bilingual version here). It will enter into force on January 1, 2024, together with the amended Chinese Civil Procedure Law 2023 (“CPL 2023”, English translation here). The new legislation not…
Muddled in severe stress and conflict since the 1950s, the transboundary Indus basin is home to one of the longest rivers in Asia. Barraging disputes led to the signing of the Indus Waters Treaty of 1960 (“IWT”) between Pakistan and India. Oft-cited as one of the most successful transboundary water-sharing mechanisms in the world, the…
In the case of Santamarta v Venezuela, the dispute involved a dual national of Venezuela and Spain, who filed a claim against Venezuela for allegedly obstructing Santamarta’s pharmaceutical business, including an unlawful confiscation of a manufacturing plant. The arbitration proceedings were conducted in accordance with the UNCITRAL Arbitration Rules (1976) on the basis of the…
There is a debate about whether courts and arbitral tribunals should be involved in the amicable resolution of disputes. Different jurisdictions deal with this issue in different ways. This post considers the approaches taken by courts and tribunals in Germany, England and Wales, and Singapore to examine whether courts or tribunals in these jurisdictions, on…
In April 2023, Libya took a significant step forward in developing its legal system by issuing Law No 10 of 2023 on Commercial Arbitration (“New Arbitration Law”). The New Arbitration Law establishes a comprehensive legal framework for commercial arbitration in Libya, taking inspiration from the UNCITRAL Model Law and arbitration laws in neighbouring countries. Until…
The second updated edition of the “Report on compliance with investment treaty awards by States” (the ‘Report’) has been recently released by the present author (see for coverage of the 2022 version of the report here). In light of the termination of intra-EU international investment agreements (IIAs), the failure to approve the modernized Energy Charter…
‘What makes a good arbitrator?’ asks Christopher Vajda KC in his Chartered Institute of Arbitrators Keynote address which we are delighted to publish at this issue. It is not a straight-forward question to answer. Practicing as an arbitrator does not necessarily make someone a good arbitrator, even if their practice is busy. Drawing on his…
