Case Management, Hearings, Interviews with Our Editors, Singapore, Virtual Case Administration, Virtual hearings

(Peter & Kim)/ /Leave a comment

Ban Jiun Ean is the Chief Executive of Maxwell Chambers, the world’s first integrated dispute resolution center in the heart of Singapore. Maxwell Chambers assembled arbitral institutions, service providers, and legal practitioners under the same roof, making the Chamber a one-stop shop for customers in a facility equipped with best-in-class hearing facilities and state-of-the-art supporting…

Journal of International Arbitration

(WilmerHale & Queen Mary University of London)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Jeff Waincymer, ‘Much Ado About . . . The Law of the Arbitration Agreement: Who Wants to Know and for What Legitimate Purpose?’ Common law cases and commentators have debated whether the law…

ISDS, Korea, Tax, Taxation

(PwC; Lazarski University)/ /Leave a comment

The Lone Star v. Korea (Lone Star) Award issued on 30 August 2022 is one of the latest investment awards in tax-related investment treaty disputes and the first one in which a tribunal, inter alia, dealt with the application of an anti-tax avoidance substance over form doctrine (SOFD) under a double taxation treaty (DTT). The…

Achmea, Energy Charter Treaty, Enforcement, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, UK

(Fietta LLP)/ /Leave a comment

The English High Court’s judgment in Infrastructure Services v Spain is one of the most important developments of the past year in relation to the enforcement of intra-EU investment awards. It arises out of the Luxembourgish and Dutch claimants’ successful ICSID arbitration against Spain under the Energy Charter Treaty (“ECT”), in which the tribunal held…

Arbitration, International Arbitration Procedures, Multi-Party Interim Appeal Arbitration, WTO

(Yulchon LLC)/ /Leave a comment

In response to the shutdown of the WTO Appellate Body in 2019, a subset of WTO Members entered into the Multi-Party Interim Appeal Arbitration Arrangement (“MPIA”). The MPIA has been in effect since 30 April 2020. Although it is an “interim” arrangement that will only function as long as the Appellate Body is inoperative, it…

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

(BMA - Barbosa Müssnich Aragão Advogados) and / /Leave a comment

On 25 October 2022, the Brazilian Superior Court of Justice (“SCJ”) upheld a decision that suspended the filing of a proof of claim in bankruptcy proceedings and, consequently, prevented the plaintiff from participating in the general meeting of creditors (see, Appeal to the SCJ n. 1.774.649, 25 October 2022, Amapari Energia S.A. v. Zamin Amapá…

Appeal, Arbitration Procedure, Australia, Bifurcation of proceedings, Estoppel, Functus Officio, Interim Award, Set aside an arbitral award

(Level Twenty Seven Chambers) and (LK Law)/ /1 Comment
ACICA 45

In a recent decision, the Supreme Court of Western Australia (“WA”) Court of Appeal confirmed that courts have the conclusive authority to determine the jurisdiction of arbitral tribunals. The Commercial Arbitration Act 2012 (WA) (the “Act”) confers competence upon arbitral tribunals to determine their own jurisdiction. However, courts retain authority to review questions of jurisdiction….

Arbitral Secretaries, Belgium

, (Houthoff)/ /Leave a comment

In its decision of 24 April 2023, the Belgian Supreme Court upheld the Brussels Court’s judgment of 17 June 2021 (discussed here), thereby confirming that arbitral secretaries can assist in drafting arbitral awards, provided that the arbitral tribunal is still calling the shots. This post explains how this recent decision (discussed here) reflects the doctrine’s…

ADR, Arbitration Act, Brazil, Brazilian Arbitration Act, Emergency Arbitrator, ICC, Latin America

(JBLEE Advogados)/ /Leave a comment

In 2023, the ICC International Court of Arbitration (“ICC Court”) celebrated 100 years as the world’s leading arbitral institution. To celebrate this milestone, on 25 May 2023, the ICC Court and the National Committee of Brazil (“ICC Brazil”) organized the First ICC Arbitration Conference in the South of Brazil (“ICC South Conference”). The ICC South…

ITA Arbitration Report

(Notre Dame Law School), (Stockholm University), and / /Leave a comment

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 is available at KluwerArbitration.com, delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your…

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

The opening piece of this Issue ‘Challenging Homogeneity in International Arbitration: Towards Greater Diversity and Inclusion in Counsel Teams’ by Eliane Fischer and Roopa Mathews offers an interesting and informative perspective on a widely discussed, yet still not universally well-managed issue of diversity and inclusion in arbitration. ‘Diversity’ and ‘inclusion’, have been in our minds…

Confidentiality, Disclosure, Dissenting opinions, Set aside an arbitral award, Singapore

(Rajah & Tann Asia)/ /1 Comment

This might not be a secret: the Singapore courts recently issued two decisions in June 2023 about confidentiality in the international arbitration context. The first, The Republic of India v Deutsche Telekom AG [2023] SGCA (I) 4 (“India v DT”), concerned the availability of court-ordered confidentiality protections after information about the arbitration (whose confidentiality is…

Annulment, Arbitral Secretary, Belgium

, (QUINZ)/ /Leave a comment

In a decision of 24 April 2023, the Belgian supreme civil court (“cour de cassation”) dismissed the petition against a judgment of the Brussels court of first instance (“tribunal de première instance”; hereafter the “lower court”) that addressed the question to what extent arbitrators can delegate tasks to arbitral secretaries. The supreme court decision analyzed…

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

, (Toledo Marchetti Advogados )/ /1 Comment

On May 9, 2023, the 4th Panel of Brazilian Superior Court of Justice (“SCJ”) judged the Special Appeal n. 1.988.894-SP (“Appeal”), reported by Minister Maria Isabel Gallotti. The Appeal was proposed by Mapfre Seguros Generales de Colombia S.A. (“Mapfre” or “insurer”) in an indemnification claim filed against LOG Wisdom S.A., Thorco Shipping S.S and Asia…

Arbitration, Contract Drafting, Contract Interpretation

(University of Oslo)/ /Leave a comment

On 27 June 2023, a pilot project on contract construction in international arbitration was presented and discussed at the Institute for Forensic Linguistics, Aston University. The project explores to what extent international arbitration ensures that contracts are construed in an autonomous, uniform way. The short answer is: only to a small extent. Admittedly, contracts are…

India, Investment Arbitration, Teaching International Investment Arbitration Series

(Jindal Global Law School)/ /2 Comments

I have been teaching international investment arbitration (IIA) in India for the last 15 years with a focus on its substantive principles contained in numerous bilateral investment treaties (BITs) and the investment chapters of free trade agreements (FTAs). I have taught at the following Indian law schools/universities: the National University of Juridical Sciences (NUJS), National…

Commercial Arbitration, Jurisprudence, Latin America, Mexico, Mexico Arbitration Week

(Hogan Lovells ) and (Centro de Arbitraje de México)/ /Leave a comment

The first edition of Mexico Arbitration Week took place in Mexico City last May, bringing together over 120 attendees and more than sixty speakers. The primary objective of this event was to connect Spanish-speaking international arbitration professionals, fostering discussions, and promoting Mexico as a prominent seat for international arbitration. The event was jointly organized and…

Investment law, ISDS, Latin America, Mexico, Mexico Arbitration Week

(Centro de Arbitraje de México) and (Hogan Lovells )/ /Leave a comment

From 29 May to 1 June 2023, Mexico Arbitration Center (“CAM”), the Mediation and Arbitration Commission of the Chamber of Commerce of Mexico City (“CANACO”), and the CAM/CANACO Young Arbitrators Forum came together to organize the inaugural edition of Mexico Arbitration Week. This event aimed to connect professionals from the international community, foster debates, and…

Awards, India, Reasoned Awards, Reasoning

, (National Law School of India University)/ /1 Comment

The evolution of the Indian arbitration jurisprudence regarding reasoned awards has been marked by ambiguity and divergent approaches. Initially, the requirement for reasons for arbitral awards was not firmly established. However, with the insertion of Section 31 in the Indian Arbitration and Conciliation Act, 1996 (“the Act”) the requirement of stating reasons in arbitral awards…

Foreign Investment, Latin America, Leftward shift, New pink tide, Political changes

(Adell & Merizalde)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

As Latin America welcomes left-leaning political regimes, the region’s regulatory landscape undertakes an increasingly uncertain state for foreign investors. In terms of cross-border investment dynamics, Latin America’s history has demonstrated that its embrace or lack thereof is shaped by cycles of political and economic regimes. Thus, a wave of direct or indirect expropriations, regulatory overreaches,…

Annulment, Arbitral seat, Due process, Party Representation, Powers of the tribunal, Public Policy, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award, VIAC, Vietnam

, (EPLegal)/ /Leave a comment
Vietnam International Arbitration Centre (VIAC Vietnam)

Under the Law on Commercial Arbitration 2010 (“LCA”), both domestic and international arbitral awards can be set aside on the basis that the arbitral award contravenes the “fundamental principles of Vietnamese law.” This concept, however, is undefined and broad, causing much uncertainty, especially in light of decisions of the Vietnamese courts. In 2020, the People’s…

Arbitration Tech Toolbox, Arbtech, Technology, Videoconferencing, Virtual hearings

(ArbTech) and (3 Verulam Buildings & ArbTech)/ /Leave a comment
ArbTech

Just when it seemed that the tech industry had turned its back on futuristic, immersive digital worlds, often called the metaverse, Apple launched its first Mixed Reality headset, the Apple Vision Pro, on June 5, 2023. Expected to go on sale in the U.S. in early 2024 for $3,499, the Apple Vision Pro signals Apple’s…

ECT Withdrawal, Energy Charter Treaty, EU Law, Intra-EU ISDS

, (LALIVE)/ /Leave a comment

On 7 July 2023, the European Commission issued its proposal for a Council decision on the withdrawal of the European Union from the Energy Charter Treaty (ECT). The proposal comes more than 6 months after the Commission-sponsored ECT modernization package failed to be adopted and perhaps undermines any hope that a modernized ECT will be…

arbitration rules, Impartiality, Independence, Russia

(Karimullin Law Firm)/ /Leave a comment

The requirement that a tribunal be impartial is a fundamental procedural principle. It is not surprising, then, that under Art. 18 of the Russian Arbitration Act, arbitration proceedings are conducted, first and foremost, based on the principle of impartiality and independence of arbitrators. Although the Russian International Arbitration Act, based on UNCITRAL Model Law 1985,…