Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Other Issues

(White & Case LLP)/ /Leave a comment
White & Case

One of the greatest challenges for international arbitration in recent times is the users’ complaint that the process has become too costly. In-house counsel are under pressure to control costs, and they grumble that arbitrators and international arbitration counsel are not sufficiently responsive to their concerns. Outside counsel are rightly troubled by these complaints. Frustrating…

Arbitration Agreements, Commercial Arbitration, Domestic Courts, European Law, Jurisdiction, Lis Pendens

(Fulbright & Jaworski LLP)/ /1 Comment
YIAG

In the recent decision in Youell v La Reunion Aerienne [2009] EWCA Civ 175 the English Court of Appeal applied the ECJ decision in West Tankers and upheld a Commercial Court decision holding that the mere fact that a contract contains an arbitration clause does not deprive the court of jurisdiction under the Brussels Regulation….

Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, International Courts, International Legal Theory and Teaching, Investment Arbitration, Legal Practice, Public Policy

(Wayne State University)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

How should tribunals apply investment treaties to measures adopted during times of crisis? Recognizing crisis as the point at which foreign investors become most vulnerable (and therefore require the most protection), should tribunals guard against any temptation to dilute the rigor of external discipline? Conversely, recognizing crisis as the point at which states can lay…

Book Review, International Legal Theory and Teaching, Middle East

(University of Victoria Faculty of Law)/ /Leave a comment

Professor Roger Alford’s recent posting, “The Arbitrator as Diplomat”, discusses the role of “diplomatic arbitration,” a concept with a long historical pedigree. Some of that history (and much more) is contained in the late Professor Douglas M. Johnston’s posthumous opus, The Historical Foundations of World Order: The Tower and the Arena (2008). The book was…

Africa, Investment Arbitration

(Investment Arbitration Reporter)/ /Leave a comment

In recent months, there have been a steady barrage of media reports about so-called “land grabs”. Many believe that we are seeing a new “Scramble for Africa”, as food-scarce countries and private investors alike jostle to lease or purchase vast swathes of agricultural land abroad. There are multiple drivers for such deals: including the perennial…

Africa, Arbitration Agreements, Arbitration Awards, Arbitrators, Europe, International Legal Theory and Teaching, Legal Practice

(Notre Dame Law School)/ /Leave a comment

In submitting his instructions to the American delegation attending the 1907 Second Hague Conference, Secretary of State Elihu Root argued that the Permanent Court of Arbitration system needed radical improvement. In his instructions he wrote: There can be no doubt that the principal objection to arbitration rests, not upon the unwillingness of nations to submit…

Commercial Arbitration, Domestic Courts

(ArbBoutique & Queen Mary University of London)/ /1 Comment

The Swiss Supreme Court recently rendered a decision (4_A428/2008, dated 31 March 2009) regarding the effects of insolvency proceedings on international arbitrations seated in Switzerland. This case concerns a multi-party arbitration conducted under the ICC Rules with its seat in Geneva. One of the co-respondents in the arbitration, a Polish company, informed the tribunal that…

Arbitration Awards, Arbitration Institutions and Rules, Arbitrators, Commercial Arbitration, International Legal Theory and Teaching, UN and Int’l Organizations

(Castaldi Mourre & Partners)/ /Leave a comment

1. Is Arbitral Jurisprudence anything more than a myth? 2. How does persuasiveness of past awards operate? 3. Is Precedent the product of the intrinsic qualities of one or more particularly well-reasoned awards? 4. Why do arbitral awards need to be available? 5. Why is reliance on arbitral precedents not frequent? 6. Should all awards…

Arbitration Institutions and Rules, Asia-Pacific, Other Issues

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White & Case

On 1 September 2008, the Hong Kong International Arbitration Centre (the “HKIAC”) adopted a new set of arbitration rules, entitled the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “Administered Rules”). In a press release in January 2009, the HKIAC announced that it had already received cases under the Administered Rules. The Administered Rules…

Arbitration Institutions and Rules, Asia-Pacific, Commercial Arbitration

(White & Case LLP)/ /Leave a comment
White & Case

On 1 May 2009, the new “Online” Arbitration Rules (the “Online Rules”) of the China International Economic and Trade Arbitration Commission (“CIETAC”) came into effect. At this stage, it appears that the Online Rules are only available in Chinese. The Online Rules are aimed primarily at e-commerce disputes, although parties are free to agree to…

Investment Arbitration

(Investment Arbitration Reporter)/ /Leave a comment

“A systemic underestimation of the risks associated with bilateral investment treaties”. That’s how Alvaro Galindo put it. Dr. Galindo, is the Ecuadorian lawyer charged with coordinating that country’s defence of a bevy of international arbitration claims. Last week, speaking in his private capacity, he told a conference of the British Institute for International and Comparative…

Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Disclosure, Europe, North America

(Castaldi Mourre & Partners)/ /Leave a comment

The already much debated Paris Court of appeal judgment in Tecnimont, rendered on 12 February 2009, has put into light the dangers arising from the lack of uniformity in the field of conflict disclosure. The Paris Court of appeal has quashed a partial award because the chairman of the arbitral tribunal, a well-known international arbitrator…

Arbitration Agreements, Arbitration Awards, Investment Arbitration, Jurisdiction

(University of Victoria Faculty of Law)/ /Leave a comment

When does a most-favoured-nation (MFN) treatment clause in an investment treaty confer jurisdiction on an investor-state arbitration tribunal? Most readers will be aware that in a series of decisions investment treaty tribunals have given very different responses to this question. On the one hand, a line of decisions suggests that, unless there is a express…

Arbitrators, International Legal Theory and Teaching, Investment Arbitration

(Notre Dame Law School)/ /Leave a comment

We at Kluwer Arbitration blog are most pleased to welcome Andrew Newcombe as our newest contributor. Andrew teaches commercial, international economic and arbitration law at the Faculty of Law, University of Victoria, Canada. His research and writing focuses primarily on investment treaty law and arbitration. In 2004, he established investment treaty arbitration, a resource website…

Arbitration Agreements, Commercial Arbitration, Europe

(von Segesser Law Offices)/ /Leave a comment

Under Swiss arbitration law, the validity of an arbitration agreement is in general subject to formal and substantive requirements (Article 178 of the PILA). With regard to the formal validity, Article 178(1) of the PILA requires the arbitration agreement to be in writing and allows the parties to use any means of communication which permits…

Europe, European Law, Investment Arbitration, Legislation

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

Germany has introduced an amendment to its Foreign Trade and Payments Act. It is a direct response to increased activities and acquisitions by sovereign wealth funds (SWFs), as they are often perceived to pursue economic as well as political aims. Despite this origin, the legislation does not only apply to SWFs. Instead, it allows the…

Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, Europe, Joinder, Jurisdiction, Public Policy, Res Judicata

(Castaldi Mourre & Partners)/ /1 Comment

The Paris Court of appeal, on 25 September 2008, and the Swiss Federal Tribunal, on 5 December 2008 have rendered two interesting decisions. These two decisions address issues of primary importance, such as the “extension” of the arbitration agreement, joinders, and the scope of review by courts of award having declined the tribunal’s jurisdiction. These…

Arbitration Institutions and Rules, Arbitration Proceedings, Investment Arbitration, Other Issues

(White & Case LLP)/ /1 Comment
YIAG

Tribunals in investment arbitrations currently impose a fairly consistent set of restrictions to the submissions of amici curiae in proceedings before them, such as short page limits, no access to the arbitral record, etc. The question is whether there are instances where these restrictions need to be tempered.

Arbitration Awards, Investment Arbitration

(Investment Arbitration Reporter)/ /Leave a comment

In a post last month, I offered a few thoughts on the future of moral damages in investment treaty arbitration. One arbitration where I thought we might see an award of moral damages is a case pitting a group of Dutch farmers (Funnekotter, et.al.) against the Government of Zimbabwe. By way of update, I wanted…

Arbitration Institutions and Rules, Arbitration Proceedings, Europe, Investment Arbitration

(Loyola Law School Los Angeles)/ /Leave a comment
American Society of International Law (ASIL)

ICSID arbitration proceedings against Germany (Vattenfall AB, Vattenfall Europe AG, Vattenfall Europe Generation AG & Co. KG v. Federal Republic of Germany – ICSID On April 17, 2009, the government-owned Swedish energy company Vattenfall initiated Case No. ARB/09/6, reported in IA Reporter, April 2nd, 2009 (Vol. 2, No. 6)). The dispute concerns the construction by…

Africa, Arbitration Proceedings, Arbitrators, UN and Int’l Organizations

(Notre Dame Law School)/ /1 Comment

By now almost everyone in the international arbitration world is aware of the gavel-to-gavel coverage of the oral pleadings in the so-called Abyei Arbitration before the Permanent Court of Arbitration. The case included many of the leading lights of international arbitration, including Pierre-Marie Dupuy, Stephen Schwebel, and Michael Reisman among the arbitrators, and James Crawford,…

Arbitration Awards, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, Enforcement, Europe, European Law, Legislation, Lis Pendens, Seat of the arbitration

(Castaldi Mourre & Partners)/ /1 Comment

The relationship between Arbitration and European Judicial Private Law has not always been easy. The bedrock European Law principle in this field, as embedded in the European Council Regulation (EC) No. 44/2001 of December 22, 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (“the Judgment Regulation”), is the…

Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators

(International Council for Commercial Arbitration)/ /Leave a comment
Freshfields Bruckhaus Deringer

Dedicated to the late Thomas Wälde, The Future of Investment Arbitration examines some of the current pressures on investment arbitration and looks toward the future of the system as a whole. The authors address issues such as gaps in the procedural rules, the lack of development in certain substantive areas of international investment law, inconsistencies…