Asia, Asia-Pacific, California, California International Arbitration Week, HKIAC, SIAC

(Miles Mediation & Arbitration)/ /Leave a comment

On 15 March 2023, as part of California International Arbitration Week, California Arbitration and California Lawyers Association ADR Subcommittee organized an interactive event titled ‘Opportunities and New Trends in the US to Asia-Pacific Practice,’ hosted by King & Spalding. The session was moderated by Cedric Chao (Principal, Chao ADR, PC), and featured as speakers Gloria…

California, California International Arbitration Week, Intellectual Property, Intellectual Property Rights, Patent, Patents

(Straus Institute for Dispute Resolution, Pepperdine Caruso School of Law) and (Pepperdine Caruso School of Law)/ /Leave a comment

As part of the second annual California International Arbitration Week, KCAB and LimNexus hosted an expert panel on the arbitration of international patent disputes. This post presents some highlights from the panel. The panel was moderated by Steve Kim who currently serves as Secretary-General of KCAB International and included as speakers Conna Weiner (Arbitrator &…

California, California International Arbitration Week, Contract Drafting, Technology, technology industry

(White & Case LLP), (Chaffetz Lindsey LLP), and (Goldman Ismail Tomaselli Brennan & Baum LLP)/ /Leave a comment

The second annual California International Arbitration Week took place in Los Angeles from March 13 to 17, 2023 with a weeklong series of free in-person and hybrid programs focused on innovation in international arbitration and alternative dispute resolution in California. The Silicon Valley Arbitration & Mediation Center and White & Case jointly presented one of…

Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform, UNCITRAL WG III Series, UNCITRAL WG3 Series

, (Dechert LLP)/ /Leave a comment

In preparation for the 42nd session of the UNCITRAL Working Group III (“Working Group”) in February 2022, the UNCITRAL Secretariat issued a note on “Standing Multilateral Mechanism: Selection and Appointment of ISDS Tribunal Members and Related Matters” (“Note”), dated December 8, 2021. The Note builds on several Working Group reports that addressed the selection and appointment…

Latvia, Set aside an arbitral award

, (COBALT)/ /Leave a comment

On February 24, 2023, the Latvian Constitutional Court issued a long-awaited Judgement in case 2022-03-01 confirming that the current control mechanism over arbitration in Latvia is incomplete and unconstitutional. This means that the government will now be required to introduce a procedure for setting aside arbitral awards made by tribunals seated in Latvia.   Background…

Energy, Energy Charter Treaty, ESG

(Nivalion AG)/ /Leave a comment

On 17 and 24 February 2023, speakers from various jurisdictions convened webinars to address ESG, climate change and EU-related issues. Jonathan Barnett (Nivalion AG) reports.   Keynote Speech: The Expanding Universe of Climate Change Disputes: Annette Magnusson (Climate Change Counsel) Annette Magnusson delivered the keynote speech on “The Expanding Universe of Climate Change Disputes” to…

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:   Jacob Grierson, Two Brief Comments on the Law Commission’s Proposed Reform of the Arbitration Act 1996 The Law Commission of England and Wales is currently reviewing the English Arbitration Act 1996 with a…

Green Arbitration, IBA Guidelines on Party Representation, In House Counsel

(Covington & Burling LLP) and (MDisputes)/ /Leave a comment

Every arbitration starts as a dispute that arises months or even years before the tribunal is constituted. Well in advance of filing a request for arbitration, or an answer to one, parties may begin taking steps to prepare, including by conducting a preliminary cost/benefit analysis, gathering and reviewing documents, interviewing witnesses, identifying and meeting with…

Investment Arbitration, Organization of Islamic Cooperation, Reform

(Allen & Overy LLP) and (Kabine Law Office)/ /Leave a comment

The OIC Investment Agreement (the “Agreement”), a multilateral instrument among certain members of the Organization of Islamic Cooperation, remains a potent tool for investment protection within the bloc. This post surveys developments concerning the Agreement since the authors’ last updates in late 2019 and 2020. In particular, the post provides an update on the ongoing…

Teaching International Investment Arbitration Series

(UCLouvain)/ /Leave a comment

In the past 20 years, alongside my legal practice, I have taught international investment law and arbitration (IILA) in a number of capacities and through various formats: as the author of a textbook (Rules and Practices of International Investment Law and Arbitration) and of a MOOC, in practice-oriented trainings for professionals, or in masters programs….

Bribery, CISG, Corruption

and (Justen, Pereira, Oliveira & Talamini)/ /Leave a comment

Corruption is a sensitive issue for international merchants. According to the Transparency International’s report “Exporting Corruption”, enforcement against foreign bribery has dropped to its lowest level since it first began measuring it in 2009, which is alarming and reinforces the need for attention in arbitral proceedings. In international sales contracts, one should consider the consequences…

ADR, Arbitration, Climate change, Cross-border transactions, Energy Charter Treaty, Energy Dispute, Green Arbitration, ISDS, Surveys

(School of International Arbitration, Queen Mary University of London (QMUL)) and (Three Crowns LLP)/ /Leave a comment

The past year has seen a variety of exogenous impacts to global energy markets: from the sanctions flowing from Russia’s “special military operation” in Ukraine, to the supply chain aftershocks of the COVID Pandemic, to hiccups in the commercial and government policy implementations of the global Energy Transition. International arbitration too has seen its share…

BIT, Crimea, European Court of Human Rights, Investment, Territory

/ /Leave a comment

On January 25, 2023 the Grand Chamber of the European Court of Human Rights (ECHR) issued the preliminary decision in the case Ukraine and The Netherlands v. Russia where it clearly stated that certain “areas [of Ukraine] were, from 11 May 2014 and subsequently, under the effective control of the Russian Federation” (para. 695). This…

Kluwer Arbitration Blog

(Stockholm University)/ /Leave a comment

The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor to the Managing Editor. The Assistant Editor reports directly to the Managing Editor and is expected to (1) collect, edit and review guest submissions from the designated region for posting on the Blog, while actively being…

Energy, Energy Charter Treaty, Japan, Renewable energy

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

Renewable energy is front-and-centre in the Japanese energy agenda. Japan is still heavily reliant on fossil fuels for its electricity generation needs with one-third of its carbon emissions coming from its 78 thermal power stations. The Japanese prime minister has pledged that Japan will be carbon neutral by 2050 leading to the Japanese Ministry of…

Arbitration, Conference, International arbitration, Investment Arbitration

, , (Sandra Day O’Connor College of Law)/ /Leave a comment

On January 13, 2023 the Sandra Day O’Connor College of Law at Arizona State University hosted the 5th annual Schiefelbein Global Dispute Resolution Conference.  Like previous iterations of this conference, the innovative program featured top lawyers, internationally recognized mediators, academics, and leaders of arbitration institutions discussing timely issues in international dispute resolution. This year’s conference…

Competition Law, Germany, Switzerland

(Peter Sester Advogados)/ /Leave a comment

Whenever courts annul an arbitral award on the grounds of substantive public policy, there is typically an outcry. Especially amongst arbitrators. And even more when the court analyzes the merits of the award and holds that the arbitral panel incorrectly applied the law. This is exactly what the German Federal Court of Justice (Bundesgerichsthof, the…

Career, Careers in Arbitration

(Bonnard Lawson International Law Firm) and / /Leave a comment

The Swiss Very Young Arbitration Practitioners (“Swiss VYAP”), in collaboration with the Young Arbitral Women Practitioners (“YAWP”), held an interview series on career paths in international arbitration during the second half of 2022. Five interviewees, whose professional experience spanned the arbitration spectrum, shared their insight and knowledge in their respective arbitration environments. This blog post…

Achmea, CJEU, Energy Charter Treaty, Intra-EU BITs, Intra-EU Investment Arbitration, Sweden

(Roschier Attorneys, Ltd.)/ /Leave a comment

The Court of Justice of the European Union (CJEU) ruled in Komstroy (C-741/19, Sept, 2021) that the dispute resolution mechanism of the 1994 Energy Charter Treaty (ECT) does not apply in intra-EU investment disputes. The ruling was interpreted by some as the beginning of the end of intra-EU investment arbitration. A recent decision by the…

Arbitration Tech Toolbox, Artificial Intelligence, Cryptocurrency, Online Dispute Resolution, Technology

(Hogan Lovells) and (K&L Gates Straits Law)/ /Leave a comment

Given the protean nature of technology, it has the propensity to evolve in ways that may surprise even the keenest observers. As such, the time is ripe to take stock of developments in relation to the new technologies discussed in our earlier article from 2018, such as Big Data, blockchain, machine learning and text mining,…

Anti-arbitration Injunction, Commercial Arbitration, Investment Arbitration, Parallel Proceedings

(Al Tamimi & Company) and (Paxus LLP)/ /Leave a comment

In November 2022, a contract-based arbitral tribunal issued an anti-arbitration injunction with the aim of enjoining parallel investment treaty proceedings between the parties. This post examines this injunction – which was ignored by the investment-treaty tribunal – and its implications.   Background In March 2020, Patel Engineering Limited (“PEL”), an Indian-incorporated infrastructure and construction service…

Court of Appeal, English Arbitration Act, Peremptory order

(Enyo Law LLP) and (4 Pump Court)/ /Leave a comment

One of the complaints levelled at arbitration is that tribunal orders lack teeth because, unlike a court, arbitrators do not have wide-ranging powers to enforce interlocutory measures against a party. Tribunals must often rely on the courts of the seat to enforce interlocutory measures. In December 2022, the English Court of Appeal (“CoA”) in S3D…

Duty to Disclose, Independence and Impartiality, Switzerland

(Swiss Legal)/ /Leave a comment

The Swiss Federal Supreme Court (the “Court”) recently outlined when a subsequently discovered ground for challenge of an arbitrator can be a possible ground for review of an award. The present post summarizes and discusses the Court’s decision.   Background In decision 4A_100/2022 of August 24, 2022, the Court dealt with a review request against…

CJEU, Energy Charter Treaty, European Convention on Human Rights, Investment, Paris Court of Appeal, Set aside an arbitral award, Stay of Proceedings, United States Courts

(ICC International Court of Arbitration) and , (Mayer Brown)/ /Leave a comment

On 10 January 2023, the Paris Court of Appeal (“Paris CoA”) set aside the 50+ million USD UNCITRAL award rendered in the dispute between Komstroy (before Energoalians LLC, and now Stileks Scientific and Production Firm LLC (“Stileks”)) and the Republic of Moldova. The referring court applied the ruling rendered by the Court of Justice of…