Arbitration Proceedings, Corporate disputes, Dispute resolution clause, ISDS, Philippines, SIAC, Technology

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The Singapore International Arbitration Centre (SIAC) returned to Manila in full force in 2023. While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s ‘SIAC Manila Conference 2023: Deep Dive into Arbitration Trends’ held on 25 May 2023 attracted more than 800 registrants, and SIAC had to cap…

Brazil, Brazilian Arbitration Act, Brazilian Superior Court of Justice, Latin America

(Muriel Advogados)/ /Leave a comment

On 16 June 2023, the Brazilian Superior Court of Justice (“STJ”) resolved the Appeal in Special Appeal n. 1,905,505/SP (“Appeal”), reported by Justice Francisco Falcão. The decision was appealed, so that the case will still be judged by the STJ’s second chamber. Nonetheless, the decision is a relevant development concerning arbitration with public entities in…

Chile, Emergency Application, Emergency Arbitrator, interim relief, Latin America

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On 11 August 2023, the Santiago Arbitration and Mediation Center (“CAM Santiago”) – Chile’s main arbitration center – presented its new regulation on emergency arbitration, which was incorporated into the 2021 National Arbitration Rules (the “CAM Santiago Arbitration Rules”). The amended version of these rules also came into effect recently, on 1 September 2023.  …

Artificial Intelligence, ChatGPT, Damages experts

(Berkeley Research Group)/ /1 Comment

I recently had a conversation with a friend who expressed his worries about the potential implications of artificial intelligence (“AI”), such as ChatGPT, on the future of human labor. He voiced particular concerns regarding the displacement of humans’ roles in business analytics, the field in which his expertise lies. ChatGPT is an AI-driven chatbot that…

BIT, Enforcement, India, Investment Disputes, Investor-State arbitration, Jurisdiction, Set aside an arbitral award, Singapore, Switzerland

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Herbert Smith Freehills

In 2013, Deutsche Telekom AG (“DT”), a German corporation, commenced an UNCITRAL arbitration in Switzerland under the Germany-India BIT claiming that India had (amongst other things) breached the fair and equitable treatment (“FET”) standard. In the arbitration, India raised various jurisdictional objections, which the Tribunal rejected in an Interim Award issued on 13 December 2017….

Canada, Conflicts of interest, Duty to Disclose, Impartiality, Independence

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How strong a scent of a conflict will a court tolerate before setting aside an international commercial arbitration award on procedural grounds? In Aroma Franchise Company Inc. et al v. Aroma Espresso Bar Canada Inc. et al, the Ontario Superior Court of Justice set aside a $10 million award as a result of an undisclosed…

Corruption, Investment agreements, Investment Arbitration, Investment Disputes, Latin America, Peru

, (Rodrigo Elías & Medrano)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

On 1 December 2022, the Tribunal in the Panamericana Television S.A (hereafter, “Pantel” or “Claimant”) v. The Republic of Peru (hereafter, “Peru” or “Respondent”) case issued its Final Award, in which not only did it reject the merits of Pantel’s claims, but it also dismissed, among others, the objection ratione materiae formulated by Peru, based on Articles 2,…

Brazil, Latin America

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On the final day of the CBAr 22nd International Arbitration Conference, the main theme discussed was party autonomy in business contracts, especially amidst scenarios of instability. At a first glance, one might wonder why a specialized conference would tackle such an elementary topic. However, as one of the panelists insightfully emphasized, revisiting the foundational tenets…

Brazil, Latin America

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On 14 September 2023, the Brazilian Arbitration Committee — CBAr hosted the 2nd day of its annual International Arbitration Conference, following this year’s overarching theme on “Arbitration and Business Contracts”. In recent years, Brazil has seen a resurgence of the study of business contracts as a particular type. Because business transactions (often, international or cross-border)…

Brazil, Latin America

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From 13 to 15 September 2023, the Brazilian Arbitration Committee – CBAr held its 22nd International Arbitration Conference (“22nd CBAr IAC” or “Conference”) in Rio de Janeiro. Considering that arbitration is most commonly adopted in business contracts, this year’s Conference focused on “Arbitration and Business Contracts”. In the three-day event, the Conference program covered issues…

Canada, Enforcement, India, Investment Arbitration, Non-signatory

(Gowling WLG (Canada) LLP) and / /Leave a comment

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…

Case Management, Consolidation, Early Dismissal, Emergency Arbitrator, Expedited Proceedings, Preliminary Ruling, SIAC

, (JSA, Advocates & Solicitors)/ /Leave a comment

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…

Kuwait, MENA, Middle East

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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…

Constitutional Court, Constitutional proceeding, Ecuador, ICSID, ICSID Arbitration

(MIDS - Geneva Center for International Dispute Settlement)/ /Leave a comment

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…

England, English Arbitration Act, Jurisdiction

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

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…

Arbitrability, Philippines, Public Policy

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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…

ADR, Conference, International arbitration, United States, Young Arbitration

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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…

Artificial Intelligence, Contract Drafting, Corporate disputes, HK Arbitration Week, HKIAC, Hong Kong, Private Equity

, (Davis Polk & Wardwell, Hong Kong Solicitors)/ /Leave a comment

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…

Fee Agreeements, HK Arbitration Week, HKIAC, Hong Kong, outcome related fee structures, Third party funding

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HK45

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…

ADR, Artificial Intelligence, HK Arbitration Week, HKIAC, Hong Kong

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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…

HK Arbitration Week, HKIAC, Hong Kong, Interim measures, Multi-tiered clauses, outcome related fee structures

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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,…

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 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…

Arbitrators, Conflicts of interest, Corruption, Decision Making, IBA Guidelines on Conflicts of Interest, ICSID, In House Counsel, Independence and Impartiality, Institutional Arbitration, International arbitration, ISDS, Law Firms, Technology, UNCITRAL

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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 &…

Abu Dhabi, DIFC, Dubai, United Arab Emirates

(Habib Al Mulla & Partners) and (Sorbonne University Abu Dhabi)/ /Leave a comment

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…