The 2023 volume of the Yearbook Commercial Arbitration is now available in print, as well as online on the KluwerArbitration database. With the highest number of reported decisions ever, the 2023 Yearbook contains 120 court decisions from 27 jurisdictions. Among the highlights are fifty court decisions from Singapore, prepared in cooperation with the Singapore International…
On January 28, 2009 we launched the Kluwer Arbitration blog with the goal of featuring “posts of the highest possible quality” as an “interactive publication” that would render Kluwer’s arbitration offerings even more complete. As Roger Alford wrote in his first post in January 2009, “[g]iven the nature of international arbitration, it is astonishing that…
This post provides a recap of notable arbitration-related developments in France in 2023. Far from being an exhaustive account, it focuses on French court decisions in the areas identified below. Overall, French courts have not only consolidated their approaches on recurring topics—as was the case in 2020, 2021, and 2022—but have also taken a slightly…
An arbitration agreement is an agreement to resolve disputes through arbitration. Its existence precludes disputing parties from bringing their dispute to court: see Article 3 of the Arbitration and ADR Law of the Republic of Indonesia (“Arbitration Law”), which stipulates that Indonesian courts have no jurisdiction to try disputes between parties bound by an arbitration…
On 8 December 2023, the International Institute for Conflict Prevention & Resolution and the New York City Bar Association hosted the first Africa Arbitration Day in New York. One of the event’s panels discussed the prospects of “Africanization” in light of the Investment Protocol (the “Investment Protocol”) of the Agreement Establishing the African Continental Free…
The past decade has seen the Gulf ascend as a nexus for international arbitration. Arbitration has proliferated in the region’s many special economic zones, from the United Arab Emirates’ (“UAE”) Abu Dhabi Global Market (“ADGM”) to the Kingdom of Saudi Arabia’s King Abdullah Economic City. The latest iteration of that trend has translated into the…
2023 stands out as a pivotal year marked by substantial advancements in arbitration across the African continent. Despite global challenges such as the lingering impacts of the COVID-19 pandemic and projections of a slow recovery in Foreign Direct Investment (“FDI”) in the continent, African practitioners have demonstrated unwavering resilience and commitment to propelling the field…
The Bahrain Court of Cassation (“Court of Cassation”) recently examined the relationship between arbitration and a pre-required mediation step in its decision of 19 June 2023 in Case No. 815 of 2022. The case concerned a multi-tiered dispute resolution clause providing for mediation then arbitration. The parties’ agreement in this case, however, was atypical, as…
The year 2023 bore witness to the rise of ChatGPT, a development which prompted a flurry of commentary on the implications of the use of generative artificial intelligence (AI) in international arbitration. Contributing writers continued to show interest in the resolution of blockchain-related disputes, as well as the development and use by arbitral institutions of…
The Fourth Edition of the Washington Arbitration Week (WAW) took place from 27 November to 1 December 2023. This post highlights the panel titled ‘The Ukraine Crisis and Post-War Scenarios’. Jose Antonio Rivas, SJD (co-founder of WAW/Xtrategy), introduced the panel by remarking that despite the fact that the Russian invasion had already lasted for almost…
The 11th annual Dublin International Arbitration Day took place on 17 November 2023 at the Distillery Building, Dublin 7. A conference famed for its action-packed schedule, range of panels on hot topics, and eminent supporters, the event was exceptionally well attended by international and domestic attendees with one of the biggest turn-outs yet. Keynotes from…
Precautionary measures in international arbitration is a topic that never ceases to raise new questions and enhance further advancements due to its growing use and constant development. For instance, Mexico has experienced some improvements in these last decades regarding aspects such as anti-arbitration injunctions, powers of the court to order interim measures, the scope of…
Assuring a speedy resolution of potential disputes is a very important concern for most parties entering into arbitration agreements. One means to ensure a speedy arbitration can be a fixed deadline for the arbitral tribunal’s decision. With a focus on Italian law –under which Article 820(2) of the Code of Civil Procedure fixes a 240-day…
In the ever-evolving landscape of international commercial disputes, the co-existence of arbitration and insolvency-related proceedings has become a focal point. This comparative piece delves into the legal position in three key jurisdictions – Singapore, the United Kingdom, and India – and focuses on the pro-arbitration approach of deferring to the arbitral tribunal and staying (or…
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…
In McConnell v. Advantest Am., Inc., the 4th District Court of Appeal in California (the “Court”) vacated an arbitral order compelling nonparties to appear at a discovery hearing for the sole purpose of receiving documents allegedly in their possession. 92 Cal. App. 5th 596. The subpoenas asked the nonparties to produce their communications with the…
Under Article 34 of the UNCITRAL Model Law (“Model Law”), an arbitral award may be set aside if the arbitration agreement is “not valid”. A more controversial issue is whether setting aside avenues should also be available in the opposite scenario, i.e., when a tribunal found that no valid arbitration agreement existed and declined jurisdiction….
The Cairo Regional Centre for International Commercial Arbitration (“CRCICA”) issued its latest set of Arbitration Rules 2024 (“2024 Rules”), which enter into force from 15 January 2024. The 2024 Rules are presently available in English and Arabic, with a French version expected to be made available soon. Last updated in 2011, the CRCICA 2011 Rules…
Introduction East and Central Asia sees further efforts to promote arbitration through legislative and regulatory developments. Domestic courts clarified issues fundamental to arbitration and the judicial enforcement of arbitral awards. Domestic legislative and judicial bodies and arbitral institutions continue to grapple with recent trends and come up with innovative solutions that reflect the unique experience…
It was 8:45 am in Santiago de Chile on August 30, 2023, and the Centro de Arbitraje y Mediación de la Cámara de Comercio de Santiago’s – CAM Santiago venue was full for the seminar “Tendencies in Investment Arbitration in Latin-America: Current Issues and Challenges.” Among attendants were academics, practitioners, government officials, and arbitrators, who…
Another year ends with set records for investment arbitration in Latin America. ICSID reported that, out of the new forty-five registered cases, twenty-one were brought against Latin American and Caribbean states (the annual report covers the fiscal year from July 1, 2022 to June 30, 2023). In other words, almost fifty percent of the new…
Svetlana Vasileva-Stratenwerth is the Secretary General of the Arbitration Foundation of Southern Africa (AFSA) International. She manages the AFSA International Secretariat, where she oversees the administration of international arbitrations. Her professional journey spans over two decades, specialising in international trade, investment, and commercial disputes. She is passionate about championing alternative dispute resolution across Africa and…
Bill no. 2.925/2023 (“Bill”) is intended to amend federal law no. 6.385/1976 (regulating the Brazilian stock market and that created the Comissão de Valores Mobiliários, the Brazilian Securities and Exchange Commission – “CVM”) and law no. 6.404/1976 (regulating joint-stock companies/business corporations). The goal is to ensure transparency in class arbitration proceedings involving stock market investors,…
2023 in Southeast Asia witnessed several significant decisions issued by apex courts across various countries, and exciting new initiatives which promise an eventful 2024 ahead. In this post, we’ve put together a summary of 2023’s key highlights. Developments in Arbitral Rules and Regulatory Frameworks 2023 was an eventful year for arbitral institutions in Southeast…
