Africa, Arbitration, Interviews with Our Editors, South Africa

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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…

Brazil, Brazilian Arbitration Act, Latin America

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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 Review, AIAC, Arbitrability, Arbitration Institutions and Rules, Confidentiality, Enforcement, Indonesia, Malaysia, Philippines, SIAC, SIAC Symposium 2023, Singapore, Thai Arbitration Institute, Thailand, Timor-Leste, VIAC, Vietnam

(Clifford Chance Asia) and (Morrison & Foerster (Singapore) LLP)/ /Leave a comment

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…

Announcement, Kluwer Arbitration Blog

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The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Australia, New Zealand and Pacific Islands. 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…

Bolivia, Brazil, Caribbean, Chile, Colombia, Guatemala, Latin America, Mexico

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

The uncertainties faced by investors and stakeholders in 2023 was intensified by the notable shift in Latin America’s political regimes. The emergence of left-wing electoral victories echoed the political landscape of the 2000s, marked by ambiguity, volatility, and political risk. In the realm of arbitration, several jurisdictions have undergone significant developments. Mexico and Chilean arbitration…

2023 in Review, SCOTUS, Section 1782 Discovery, United States, United States Courts

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In 2023, the United States courts expanded the role of international arbitration under existing law and wrestled with the application of new arbitration law and fact patterns.  This post reviews some highlights and looks forward to developments anticipated during 2024. At the top, the United States Supreme Court delivered significant rulings in Coinbase Inc,. v….

Abuse of interests, Dominican Republic, Environmental protection, Latin America, Legality of the investment

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On October 6, 2023, an arbitral tribunal composed by Diego P. Fernández Arroyo (President), Christian Leathley, and Marcelo Kohen (the “Tribunal” or “Arbitral Tribunal”) issued the final award in the dispute between Michael Anthony Lee-Chin (“Claimant”), a Jamaican national, and the Dominican Republic (“Respondent”) (the “Award”). The dissenting opinion of Professor Marcelo G. Kohen accompanied…

ISDS, ISDS Reform, Multilateral Investment Treaties

(Singapore International Dispute Resolution Academy)/ /1 Comment

The world has witnessed significant developments in the field of investment protection and dispute settlement in the past decades. This includes both investment treaty negotiations as well as investor-state dispute settlement (ISDS) practices. This field of law has also been subject of a heated debate and a desire for reform. In view of these developments,…

2023 in Review, Anti-suit injunction, Artificial Intelligence, Australia, Australian Arbitration Week, Climate change, Commercial Arbitration, Fiji, Interim measures, Investment Arbitration, New Zealand, Pacific Islands, State Immunity

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2023 was another year of growth for arbitration in Australia, New Zealand, and the Pacific Islands. It saw developments in investment arbitration and disputes relating to climate change, efforts to improve gender and cultural diversity, debate and guidance on the use of artificial intelligence, and pro-arbitration jurisprudence. We explore some of these key themes below….

Economic Sanctions, Sanctions, War

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Institute for Transnational Arbitration (ITA)

Another session of Young ITA Talks, this time on sanctions disputes and arbitration, was hosted by Latham & Watkins in London on Wednesday, 22 November 2023. The panel, moderated by Young ITA Regional Co-Chairs Robert Bradshaw and Thomas Lane, offered an overview of the sanctions and related issues from multiple points of view: Katie Palms…

International arbitration, International Award, Investment Disputes, Investment protection, Taxation

(PwC; Lazarski University)/ /Leave a comment

Some of the largest arbitral awards rendered in favour of investors have been based on tax-related (mis)conduct of host states towards investors, e.g., a series of Yukos and others v Russia – US$ 50 billion (the largest award ever rendered), Occidental v Ecuador (II) – US$ 1.77 billion, Cairn v India – excess of US$…

Russia, Sanctions, Security for Costs, VIAC

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Security for costs can be an effective tool to protect the respondent from an arbitration in which a potential costs claim against the claimant is irrecoverable. While the specific requirements for a security for costs order are determined by the applicable institutional rules or arbitration laws, the respondent applying for security for costs will generally…

Arbitration – The International Journal of Arbitration

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London), , (Chartered Institute of Arbitrators), (Queen Mary University of London), and (Three Crowns)/ /Leave a comment

In this issue, Romesh Weeramantry considers whether the rules of interpretation in the Vienna Convention on the Law of Treaties (VCLT) remain fully fit for purpose, particularly in investment treaty disputes. It is both a topical and complex question to ask. In practice, the VCLT is often of limited use in giving guidance to a…

England, English Arbitration Act, English courts, English Law

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The UK Supreme Court (‘UKSC’) addressed the meaning of ‘matter’ in Article II(3) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (‘NYC’) in its judgment of 20 September 2023 in Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) [2023] UKSC 32 (‘Mozambique v Privinvest’). This post examines the…

Arbitration institution, China, CIETAC

, (CIETAC) and (Zhong Lun Law Firm)/ /Leave a comment

On 1 January 2024, the new version of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (2024 Rules) came into force. The 2024 Rules apply to CIETAC arbitrations commenced on or after this date. Compared with the 2015 Rules, the 2024 Rules have expanded from 84 provisions to 88 provisions and incorporated…

Artificial Intelligence, Construction arbitration, ESG, SCC, Sport arbitration, Sweden

(SCC Arbitration Institute) and (Magnusson)/ /Leave a comment

On 23 November 2023, Young Arbitrators Sweden (YAS) held its fifteenth annual Arbitration Day (Sw. skiljeförfarandedagen) at the historic Central Post Office Building (Sw. Posthuset), the home of the Stockholm International Hearing Centre (SIHC). This year, YAS celebrates a milestone of 20 years since its founding and the larger venue reflects the ongoing success of…

Advance on Costs, Arbitration Agreement, DIAC, Dubai

(Blanke Arbitration LLC)/ /Leave a comment

In a recent decision, Case No. 10/2023 dated 24 October 2023, the General Assembly of the Dubai Court of Cassation decided to reverse a position introduced by the Dubai Courts of Cassation in around 2013 (see, e.g., Case No. 379/2013 (Real Estate), ruling of the Dubai Court of Cassation; and then also affirmed in Case…

Dual Nationals, France, French Law, Garcia Armas

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Article 25 of the ICSID Convention imposes a condition on natural persons that they cannot bring a claim against the host State if they possess the nationality of both the contracting States of the invoked treaty (dual nationals). This is an added qualification to the requirements for a qualified investor mentioned in the treaty. Therefore,…

Brazil, CAM, CAM-CCBC Arbitration Congress IX Edition, Latin America

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On 16 and 17 October 2023, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its Xth Arbitration Congress edition (“X CAM-CCBC Congress” or “Congress”) in São Paulo. The Congress is the opening event of the VIth Sao Paulo Arbitration Week (“VI SPAW”): a collaborative calendar for law firms, universities, associations,…

Code of Conduct, double hatting, ICSID, Independence and Impartiality, UNCITRAL

(Khan Saifur Rahman & Associates)/ /Leave a comment

Double hatting and insufficient disclosure by the arbitrators have been problematic features of investment arbitration. Double hatting is generally regarded as an individual simultaneously playing the role of counsel and arbitrator in similar matters. The real issue is whether these concerns have the potential to affect the arbitrator’s ability to form “independent judgment,” as described…

Announcement, Kluwer Arbitration Blog

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The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Investment Arbitration. 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…

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

The English High Court (“Court“) in Hulley Enterprises Limited and others v. Russian Federation [2023] EWHC 2704 (Comm) has recently dismissed a jurisdictional challenge brought by the Russian Federation (“Russia“), concluding that the State could not invoke sovereign immunity to resist enforcement of arbitral awards, which were issued in 2014 in favour of the former…

Arbitral seat, Arbitration Act, Arbitration institution, Arbitration Institutions and Rules, Japan, Japan Commercial Arbitration Association, JCAA

(DLA Piper), (City-Yuwa Partners), (Miura & Partners), (Nozomi Sogo Attorneys at Law), (Oh-Ebashi LPC & Partners), and (Mitsubishi Heavy Industries)/ /Leave a comment

On 17 November 2023, the leading arbitration-related institutions and government entities in Japan co-hosted an international arbitration conference, entitled “Exploring Innovative Solutions in a Changing World”, to showcase Japan’s flourishing ecosystem as a preferred place of arbitration, and to mark the 70th anniversary of the Japan Commercial Arbitration Association (JCAA). Held in Tokyo, this event…

AIAC, Arbitration Institutions and Rules, Interviews with Our Editors

(Peter & Kim) and (Morrison & Foerster (Singapore) LLP)/ /2 Comments
Asian International Arbitration Centre (AIAC)

Chartered Arbitrator Datuk Sundra Rajoo Nadarajah is a man of no little distinction. He is currently the Director of the Asian International Arbitration Centre (AIAC) and President of the Asian Institute of Alternative Dispute Resolution (AIADR), and he also previously served as President of the Chartered Institute of Arbitrators (2016). He has been the founding…