Enforcing awards against third parties is a perennial issue in international arbitration circles. In Air India Ltd c CC/Devas (Mauritius) Ltd, the Court of Appeal of Quebec considered an award creditor’s ability to seize assets belonging to an award debtor’s alter ego under Quebec law. This case offers significant insight for award creditors wishing to…
On 22 August 2023, the Singapore International Arbitration Centre (“SIAC”) published the Draft 7th Edition of the SIAC Rules (the “Draft Rules”) for public consultation. The Draft Rules introduce several noteworthy changes as part of a concerted effort to “raise the bar on efficiency, expedition, and cost-effectiveness” (see SIAC Registrar’s Report). The public consultation period…
After a three-year hiatus due to the pandemic, the much-anticipated third ICC Kuwait Arbitration Day took place at the heart of Kuwait in the Burj Al Shaya Building on 5 October 2023, organised by the ICC in collaboration with Al Tamimi & Company. Following the success of the inaugural ICC Kuwait Arbitration Day conference in…
In a new chapter of Ecuador’s backlash to the Investor-State Dispute Settlement (ISDS) system saga, the Constitutional Court of Ecuador (Court) declared Art. 15.20 of the Ecuador-Costa Rica FTA (FTA, Treaty) unconstitutional. This provision provides for ICSID or UNCITRAL arbitration in case of violation of the substantive protections accorded to foreign investors in the Treaty…
On 6 September 2023, the Law Commission of England and Wales issued its final report and draft Bill proposing amendments to the Arbitration Act 1996 (the Act). In this post we focus on the Law Commission’s recommendations regarding jurisdictional challenges in respect of English-seated arbitrations and in particular how its two recommendations (assuming that they…
The Philippine Supreme Court recently issued a decision in Maynilad Water Services, Inc., v. National Water and Resources Board, et al., where the Court ruled that (1) disputes concerning changes in water rates charged to consumers are arbitrable and that (2) arbitral awards that would be injurious to the public at large cannot be enforced…
On October 2-4, 2023, the Atlanta International Arbitration Society (“AtlAS”) hosted its 12th Annual Conference, in Atlanta, Georgia, USA. Attendees from around the nation were treated to engaging, collaborative discussions and panels organized by AtlAS, the Institute for Transnational Arbitration (“ITA”), and the American Arbitration Association (“AAA”). Christopher Smith (Senior Associate, King & Spalding LLP…
On October 17, the second day of Hong Kong Arbitration Week 2023, Davis Polk hosted a panel discussion entitled “Investor Information Rights: All Bark and No Bite? Managing Their Effectiveness”. The panel considered a hypothetical case study covering the life cycle of an equity investment into a renewable energy company and explored the legal and…
On the third day of Hong Kong Arbitration Week 2023, the ADR in Asia Conference, the flagship event of the Hong Kong Arbitration Week, hosted a panel discussion on the Hong Kong Outcome Related Fee Structures for Arbitration (“ORFSA”) regime. The panel followed on from last year’s panel introducing ORFSA and explored updates to the…
On the second day of Hong Kong Arbitration Week 2023, the ICC International Court of Arbitration (ICC) and the International Chamber of Commerce – Hong Kong (ICC-HK) hosted an in-person event on “Challenges of the 21st Century: Regulation of Use of AI in Dispute Resolution and Making ADR Work.” The event explored the appropriate techniques…
For the sixth year, our Blog is providing live coverage of Hong Kong Arbitration Week. We are privileged to kick off with a contribution from Dr. Ling Yang, Deputy Secretary-General of HKIAC and Chief Representative of the Shanghai Office. Over the years, dispute resolution (especially, arbitration) in Hong Kong has witnessed great openness, professionalism,…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Southeast Asia. The Assistant Editor reports directly to the coordinating Associate Editor and is expected to (1) collect, edit and review guest submissions from the designated region for posting on the Blog, while actively being involved…
International arbitration is a constantly evolving field, shaped by global shifts, technological advancements, and changing expectations. On 31 August 2023 and 1 September 2023, the ICAL Alumni Association held the ICAL 20th Anniversary Conference entitled “Evolution or Revolution: Have We Mastered International Arbitration or Do We Need a New Blueprint for the Future?”. Carolyn Lamm’s (White &…
On 29 September 2023, the United Arab Emirates (“UAE”)’s recently published Federal Law No. 15 of 2023 (“Amendment Law”) entered into force, effectively amending Federal Law No. 6 of 2018 On Arbitration (“2018 Arbitration Law”) that was adopted a mere five years earlier. The 2018 Arbitration Law was itself a long-awaited and significant rehaul of…
A beautiful Perth morning on Thursday, 12 October 2023 saw the convening of the panel – “Resolving Disputes on Major Projects – Lessons Learned from Recent Arbitration Proceedings”. The panel was moderated by Brian Millar of Francis Burt Chambers, and was generously hosted by Herbert Smith Freehills. The panel was conducted under the Chatham House…
On the third day of Australian Arbitration Week, Clifford Chance’s Perth office hosted a panel discussion on “Australian sports tribunals and lessons learnt from international sports arbitration”. The session was moderated by Jamie Calvy (Senior Associate, Clifford Chance) with a panel comprising: Stephen Meade (General Counsel, Australian Football League); John Boultbee AM (Inaugural CEO, National…
On 10 October 2023, Corrs Chambers Westgarth hosted a panel discussion on the topic of “The next new variant? Arbitration in the healthcare and life sciences sector” as part of Australian Arbitration Week. The panel was moderated by Cara North of Corrs Chambers Westgarth and comprised: The Honourable Dr Annabelle Bennett AC SC, retired judge…
The Honourable Wayne Martin AC KC is an arbitrator, mediator, and former Chief Justice of Western Australia (2006-2018). As Chief Justice, Mr Martin was a notable pioneer, particularly for his creation of the Supreme Court of Western Australia’s Arbitration List. Prior to becoming Chief Justice, Mr Martin was a senior member of the Western Australian…
The pending NAFTA-based investor-State dispute settlement case Einarsson v. Canada has been noteworthy for matters of both procedure and substance. The claimants are a father and two sons, all holding US citizenship, and their Canadian-incorporated company, Geophysical Services Incorporated (GSI). They claim that by violating copyright and trade secret protections of GSI’s seismic data, which…
b-Arbitra is the Belgian Review of Arbitration, issued biannually, with publication of judgments, notes and commentaries on arbitration related topics. 2013 was a landmark year for arbitration in Belgium. On 1 January 2013, CEPANI introduced new arbitration rules. On 1 September 2013, a new Belgian arbitration law entered into force. And last but not least,…
Part One of this blog post discussed how uncertainty can arise in determining the Limitations laws that apply in international commercial arbitration proceedings. Part Two will now discuss some potential solutions. One Solution The United Kingdom modified the traditional common law approach with the enactment of the Foreign Limitation Periods Act 1984 (UK), which…
This two-part blog post discusses applicable limitation laws, i.e., legislation purporting to limit the time period within which claims in international commercial arbitration proceedings must be commenced (Limitation laws). It raises questions regarding how arbitral tribunals ought to decide whether to apply such Limitation laws and whether attempts to classify them as matters of ‘substance’…
As the pool of international arbitrators has grown, and continues to grow, acting as an arbitrator is now seen more as a career path as opposed to a retirement plan. In fact, we can now confidently say that a profession of arbitrators exists. With this, the identity of a typical arbitrator has significantly changed, and the…
The UK Law Commission recently proposed drastic reform to section 67 of the English Arbitration Act 1996 that deals with the challenge of an award on the ground of lack of substantive jurisdiction in an English seated arbitration. The Law Commission’s First Consultation Paper published in September 2022 initially recommended the challenge under section 67…
