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Bolivia, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, United States Courts, USA

Recognizing Annulled Awards in the U.S. Court of Appeals for the Tenth Circuit: Compañía de Inversiones Mercantiles SA v. Grupo Cementos de Chihuahua SAB de CV

Gary B. Born, Russell B. Childree, Claudio D. Salas (Wilmer Cutler Pickering Hale and Dorr LLP)/April 16, 2023April 17, 2023 /Leave a comment

…of first refusal. Under the shareholders agreement, the dispute was subject to arbitration under Bolivian law administered by the Inter-American Commercial Arbitration Commission (“IACAC”). The parties also agreed in the…

Arbitration Agreement, Korea, Law governing the arbitration agreement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Proper law of arbitration agreement

Governing Law of the Arbitration Agreement: A Korean Perspective

Shul Park (Kim & Chang)/April 15, 2023April 14, 2023 /Leave a comment

…arbitration agreement, the governing law of the main contract will generally apply to the arbitration agreement. The French courts, however, have held repeatedly (including in Kabab-Ji) that the choice of…

Arbitration, Arbitration Proceedings, International Law, Interstate arbitral awards

Proskauer Lecture 2023: Paul Friedland on Sabotage, Spies, and the 1923-39 US/Germany Interstate Arbitration

Eric Lenier Ives (Assistant Editor for Canada and the United States)/April 14, 2023April 13, 2023 /Leave a comment

…arbitration finding that one of the States made fraudulent submissions on the core issue in the case. * * * Friedland concluded with a query: was the arbitration a success?…

Journal of International Arbitration

The Contents of Journal of International Arbitration, Volume 40, Issue 1 (February 2023)

Maxi Scherer (WilmerHale & Queen Mary University of London)/April 13, 2023March 16, 2023 /Leave a comment

…in China The current People’s Republic of China (PRC) Arbitration Law rejects ad hoc arbitration by requiring the arbitration agreement to specify an arbitration institution. However, such rejection does not…

Awards, Bitcoin, Blockchain, Enforcement

Cross-Jurisdictional, Quasi-Instantaneous Enforcement: Fact Or Fiction?

Filippo Zuti Giachetti (Assistant Editor to the Managing Editor) (MDisputes)/April 12, 2023April 10, 2023 /Leave a comment

…retrieve your assets.” Developments for International Arbitration International arbitration may constitute a natural choice for crypto disputes, allowing the parties to appoint an arbitrator with the necessary background knowledge…

Journal of International Arbitration

The Contents of Journal of International Arbitration, Volume 40, Issue 2 (April 2023)

Maxi Scherer (WilmerHale & Queen Mary University of London)/April 11, 2023April 12, 2023 /Leave a comment

…Claims Are non-contractual claims such as tort claims covered by standard arbitration clauses? Italian arbitration law contains a provision which seems to resolve this issue in favour of arbitration but…

ITA Arbitration Report

KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 3 (March 2022)

Roger Alford (General Editor) (Notre Dame Law School), Crina Baltag (Managing Editor) (Stockholm University), and Monique Sasson/April 10, 2023April 9, 2023 /Leave a comment

…S.A. which included an arbitration agreement. Société Générale de la Surveillance S.A. filed a request for arbitration in compliance with the arbitration agreement. The Cotonou Administrative Court of First Instance…

COVID-19, Delhi Arbitration Week, India, Public Policy

Inaugural Delhi Arbitration Weekend 2023: The Weekend of Arbitration Debates

Shashank Garg, Shashwat Bajpai/April 9, 2023April 9, 2023 /Leave a comment

…horseman in saddle, Public policy can be controlled.” Changing Contours of Arbitration Proceedings: Post- Covid- 19 Scenario Arbitration in the post-Covid-19 scenario remained a hot topic during the DAW….

Arbitration Tech Toolbox, Artificial Intelligence, Bias, Ethics

Arbitration Tech Toolbox: Let’s Chat Some More about ChatGPT and Dispute Resolution

Hanna Roos (Aavagard LLP)/April 8, 2023June 20, 2023 /Leave a comment

…#ChallengeAccepted Further posts in our Arbitration Tech Toolbox series can be found here. The content of this post is intended for educational and general information. It is not intended…

Brazil, Dispute boards, ESG, ICC Arbitration Day

11th ICC Brazilian Arbitration Day: 100 Years of the ICC Court

Aecio Filipe Oliveira (Assistant Editor for South and Central America) (Barbosa, Müssnich & Aragão Advogados – BMA)/April 7, 2023March 15, 2024 /Leave a comment

On 9 March 2023, the International Chamber of Commerce (“ICC”), the National Committee (“ICC Brasil”) and the ICC Court of Arbitration (“ICC Court”) held the 11th ICC Brazilian Arbitration Day…

Advocacy, Arbitration, Persuasion, Soft skills, Written Submissions

Typography in Arbitration: An Underused Advocacy Tool?

Nino Sievi (Nater Dallafior Rechtsanwälte AG)/April 6, 2023April 4, 2023 /1 Comment

As arbitration lawyers, we often reflect on the power of the written word, but rarely do we consider the design’s role in emulating the tone of the word or sentence….

Arbitration Agreement, Australia, Competence-Competence, Jurisdiction of the arbitral tribunal, kompetenz-kompetenz

Kompetenz-Kompetenz: Should the Arbitral Tribunal Exclusively Determine Whether a Right to Arbitrate Has Been Waived?

Huw R Watkins (Victorian Bar)/April 5, 2023April 3, 2023 /Leave a comment

Under the UNCITRAL Model Law and the laws of many ‘arbitration friendly’ jurisdictions, courts must refer a matter subject to a valid and operative arbitration agreement to arbitration if requested…

Paris Arbitration Week, Witness, Witness Statement

2023 PAW Recap – Day 5: YSIAC – Witness Evidence and Preparation in International Arbitration: Cross-Cultural Perspectives

Mihaela Tarnovschi (ICC International Court of Arbitration)/April 4, 2023April 4, 2023 /Leave a comment

…arbitration, these issues are further complicated due to the fact that different jurisdictions adopt different approaches to witness evidence and preparation. During Day 5 of Paris Arbitration Week, Herbert Smith…

Paris Arbitration Week

2023 PAW Recap – Day 5: The Power of “Proportionality” – A Sleeping Giant of a Concept in Investment Arbitration?

Natalia Rodriguez Alvarez, Sabina Nurbagandova, Antoine Cottin (Assistant Editor for Europe) (Laborde Law) and Mihaela Tarnovschi (ICC International Court of Arbitration)/April 4, 2023April 4, 2023 /Leave a comment

Investor-state dispute settlement (ISDS) issues were again in the spotlight on the very last day of the Paris Arbitration Week (PAW). A panel discussion was organized by Fieldfisher on “The…

Energy, Energy Charter Treaty, Investor-State arbitration, Paris Arbitration Week

2023 PAW Recap – Day 3: Arbitrating Renewable Energy Disputes in the CEE Region

Ioana Knoll-Tudor (Addleshaw Goddard LLP)/April 4, 2023April 4, 2023 /Leave a comment

…Arbitration Turning to investment arbitration, Prof. Dr. Maxi Scherer first looked at the legal sources most frequently used by claimants when initiating a renewable energy claim and then, at the…

HKIAC, HKIAC Rules, Hong Kong, Interim measures, Paris Arbitration Week

2023 PAW Recap – Day 4: Spotlight on Hong-Kong: Innovations in International Arbitration

Sabina Nurbagandova, Natalia Rodriguez Alvarez, Antoine Cottin (Assistant Editor for Europe) (Laborde Law)/April 3, 2023April 6, 2023 /Leave a comment

…confidentiality (the Arbitration Ordinance itself also provides that arbitration is a confidential process not just in arbitration proceedings but also in courts); mandatory disclosure of TPF; clear grounds for termination…

Paris Arbitration Week, Provisional measures

2023 PAW Recap – Day 3: Provisional Measures in International Arbitration: Strategic Lessons From Recent Practice

Sabina Nurbagandova, Natalia Rodriguez Alvarez, Antoine Cottin (Assistant Editor for Europe) (Laborde Law)/April 2, 2023April 3, 2023 /Leave a comment

…challenge the notion of ‘urgency’ in the context of provisional measures. Dynamics of Development in Commercial and Investor-State Arbitration Dr. Besson explained that in ICSID arbitration, Article 47 of the…

Environment, Investment Arbitration, Mining Sector, Sustainability

2023 PAW Recap – Day 2: Striking a Sustainable Deal: Balancing State Responsibility and Investor Rights in Mining

Natalia Rodriguez Alvarez, Sabina Nurbagandova, Antoine Cottin (Assistant Editor for Europe) (Laborde Law)/April 1, 2023April 3, 2023 /Leave a comment

…(Funke Adekoya & Company) as speakers. According to Jus Mundi’s 2023 Mining Arbitration Report, out of around 800 mining arbitration cases, 56% corresponded to commercial arbitration and 44% to investment…

Investment Arbitration, Investor-State arbitration, Paris Arbitration Week, Resource Nationalism

2023 PAW Recap – Day 2: Resource Nationalism in Investor-State Arbitration

Sabina Nurbagandova, Natalia Rodriguez Alvarez, Antoine Cottin (Assistant Editor for Europe) (Laborde Law)/April 1, 2023April 3, 2023 /Leave a comment

…Day 2 of the 2023 Paris Arbitration Week (PAW) saw Jones Day hosting a conference on “Resource Nationalism in Investor-State Arbitration”. The panel was composed of Melissa Stear Gorsline (Jones…

Energy, Energy Charter Treaty, Paris Arbitration Week, Reform

2023 PAW Recap – Day 1: Rethinking Dispute Resolution

Crina Baltag (Managing Editor) (Stockholm University)/March 31, 2023March 31, 2023 /Leave a comment

2023 Paris Arbitration Week (PAW) gathered over 1,400 attendees, in person and online, and featured over 145 events over five days. Kluwer Arbitration Blog is the official media partner of…

International Investment Arbitration, Investment Arbitration, Investment Disputes, Paris Arbitration Week

2023 PAW Recap – Day 1: In Conversation with Meg Kinnear, Toby Landau KC, and Prof. Alain Pellet on the Future of Investment Arbitration

Gustavo Laborde, Antoine Cottin (Assistant Editor for Europe), Natalia Rodriguez Alvarez, Sabina Nurbagandova (Laborde Law)/March 31, 2023March 31, 2023 /1 Comment

…signed in 1959 between Germany and Pakistan, and there was no active investment arbitration until 2000. During a period of 30-40 years, arbitration was dormant – a sleeping beauty “kissed…

ICC Arbitration Day

Take-Aways from the 1st ICC Argentine Arbitration Day 2023 (Part I)

Martin Cammarata (Marval, O’Farrell & Mairal) and Juan Jorge (Curtis, Mallet-Prevost, Colt & Mosle )/March 30, 2023March 30, 2023 /Leave a comment

…efficient manner. Dialogue with Sandra González The first panel was preceded by a dialogue between Sandra González (Vice-President of the ICC International Court of Arbitration and Partner of Ferrere,…