The rapid growth of international arbitration in the Asia-Pacific has sparked many discussions about how different cultural practices and legal traditions impact advocacy in cross-border disputes (see, for example, Global Arbitration Review’s The Guide to Advocacy). On 3 August 2023, ACICA45 and King & Wood Mallesons in Sydney hosted a session titled “Clash of Cultures…
Following the morning session which explored the geopolitics of international arbitration, the next generation of dispute resolution and the freshly-minted draft SIAC Rules (see Part 1), the afternoon session probed into regional and topical dimensions of international arbitration through six technologically-driven and interactive panel discussions. I. Regional Developments, Trends & Forecasts Illuminating Top…
The Singapore International Arbitration Centre (“SIAC”) held the SIAC Symposium, its flagship conference, during the Singapore Convention Week on 28 August 2023. The SIAC Symposium featured a conversation with Minister K Shanmugam, SC (Minister for Home Affairs and Minister for Law, Singapore) and a plenary address by Justice Judith Prakash (Justice of the Court of…
In 2010, the Supreme People’s Court of the People’s Republic of China (the “SPC”) issued the Provisions of the Supreme People’s Court on Case Guidance (the “Provisions”). The Provisions are widely considered to establish a unique case guidance system in China, under which courts at all levels should refer to the selected guiding cases when…
Efforts to promote diversity in arbitration continue to garner awareness and support from arbitral institutions, legal practitioners, experts, and the arbitration community in general (see e.g., here and here). Unconscious bias is a significant barrier to achieving greater diversity and can hinder opportunities, progression, and careers. It is often tricky to address because, as its…
On 24 March 2023, the Metaverse Dispute Resolution Colloquium was organised by the Digital Law Center (University of Geneva), the Geneva Center for International Dispute Settlement (CIDS) and MetaverseLegal to explore selected legal issues arising from disputes in/about the metaverse. Previous contributions to this blog have explored metaverse-related issues here. After the introductory remarks by…
On 17 January 2023, the Democratic Republic of Timor-Leste (“Timor-Leste”) became the 172nd country to accede to the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”)1)United Nations, Timor-Leste accedes to Convention on the Recognition and Enforcement of Foreign Arbitral Awards, https://unis.unvienna.org/unis/en/pressrels/2023/unisl339.html.. Thereafter, in accordance with the convention’s…
The São Paulo Court of Appeals (“TJSP or “Court”) recently annulled a quantum arbitral award and referred the case back to the arbitral tribunal because one of the three arbitrators had failed to issue a dissenting opinion. The Court held that the co-arbitrator’s abstention amounted to a failure in the part of the arbitral tribunal…
On July 26, 2023, the Latin American Arbitration Association (ALARB) organized a webinar on New Developments of the Permanent Court of Arbitration (PCA). The discussion was introduced by Claus von Wobeser (Von Wobeser y Sierra, México) and led by Sandra González (Ferrere, Uruguay) and Juan Manuel Marchán (PBP, Ecuador), who posed several topics that were…
Making an awkward legislative step, the Hungarian legislator introduced a new ground for annulling construction arbitration awards from 5 June 2023, which applies where arbitrators fail to deliberate the opinion of a domestic expert body. While many commentators have criticised this amendment because of its potential retroactive effect and its disharmony with the current international…
It is undisputed that arbitration depends on the trust placed by the parties in the arbitrators. The Brazilian Arbitration Act (the “BAA”) reaffirms this principle when it provides that an individual may only act as an arbitrator if he/she “is trusted by the parties” (BAA, Article 13) and when it puts the burden to disclose…
On 11 July 2023, Trinidad and Tobago (“T&T”) enacted the Arbitration Act 2023 (the “Act”) to significantly modernise the domestic and international arbitration legal framework of the country. The Act repeals the Arbitration Act, Chap. 5:01 (the “Former Arbitration Act”) dating back to 1939, that was based on the 1889 and 1934 British arbitration laws,…
In a recent ruling of 8 June 2023 in Case No. 1514 of 2022, the Dubai Court of Cassation has taken a fresh look at a number of procedural questions that frequently arise in UAE-seated arbitrations under the 2018 UAE Federal Arbitration Law (“FAL”). There are three particular issues stemming from this recent ruling of…
In May 2023, Nigeria’s Arbitration and Mediation Act (AMA) was enacted. It replaced the Arbitration and Conciliation Act 1988 with a modernised version that aligns with the 2006 UNCITRAL Model Law. Among its salient features is the Award Review Tribunal (ART) mechanism, outlined in Section 56. This distinctive, innovative procedural offers an alternative to traditional…
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…
The shift from a carbon-intensive economic model to a net-zero economy by 2050 will result in an increasingly significant role for carbon markets. A proliferation of business activities in the carbon trading space will require seismic regulatory change across global jurisdictions. In this evolving landscape, common issues have begun to emerge including: the practical and…
In a decision rendered on 7 April 2023 in the Thibelo case, the Belgian Supreme Court (Cour de Cassation/Hof van Cassatie) ruled that disputes about the termination of exclusive distribution agreements can be settled through arbitration, even where such an agreement is governed by foreign substantive law, regardless of whether such foreign law offers similar protection…
On June 7, 2023, an ICC tribunal issued an award that will redefine risk allocation in the construction industry. The arbitration was initiated by Refinería de Cartagena S.A.S. (“Reficar”), a wholly owned subsidiary of Ecopetrol S.A., which is in turn owned by the Republic of Colombia, against Chicago Bridge & Iron Company NV., CB&I UK…
The International Institute for the Unification of Private Law (“UNIDROIT”), itself set up in 1926 as an off-spin of the League of Nations, has compiled and developed since 1970 a soft law tool, i.e. the UNIDROIT Principles of International Commercial Contracts (“UNIDROIT Principles”). Three decades since their first release in 1994, the UNIDROIT Principles have played…
This post provides an analysis of 203 cases concerning the recognition and enforcement of foreign arbitral awards in Mainland China between 2012 and 2022. Part I presented statistics on recognition and enforcement rates, the geographical distribution of applicants, the amount claimed, the time taken for rulings, respondents’ participation, and the sources of arbitral awards. It…
This two-part article provides an empirical analysis of hundreds of cases concerning the recognition and enforcement of foreign arbitral awards in Mainland China between 2012 and 2022. In summary, the results show that, (1) on average, the courts of the People’s Republic of China (“PRC”) handled more than 20 applications per year and rendered rulings…
On 12 May 2023, the Santiago Court of Appeals (“Court”) denied EP Petroecuador’s (“Petroecuador”) (Ecuador national oil company) petition to set aside a US$63 million international commercial arbitration award. The decision is consistent with the Court’s history of denying petitions to set aside international commercial arbitration awards and marks an important milestone for Servicios Integrados…
In 2011, the ITA published its inaugural Guide to Arbitral Institutions in Latin America and an accompanying “Scoreboard.” The conclusion of this inaugural guide was: “The era of Latin American arbitral institutions has arrived. Building on a strong legal framework, arbitral institutions have emerged throughout the region.” This year, the Americas Initiative of the ITA…
The first arbitral institution providing institutional arbitration in Iran, the Arbitration Center of the Iran Chamber of Commerce (“ACIC”), released the latest edition of its arbitration rules on 19 February 2023. The new ACIC arbitration rules (“New Rules“), which came into effect in May 2023, replace the previous 2007 edition (“2007 Rules”). The New Rules…
