Supreme Court, United States, United States Courts

(Chaffetz Lindsey LLP)/ /Leave a comment

On 22 June 2023, the Supreme Court of the United States issued an opinion in the combined cases of Yegiazaryan v. Smagin et al. and CMB Monaco v. Smagin et al., Case Nos. 22-381 & 22-383 (U.S.).  The case resolves divergent lower appellate rulings in the United States over whether a non-U.S. domiciliary may sustain a…

Canada, Climate change, Energy, ICCA, VanIAC

(Miller Titerle + Company)/ /Leave a comment

On an exceptionally sunny day in Vancouver, Canada, Vancouver International Arbitration Centre (VanIAC) and International Council for Commercial Arbitration (ICCA) hosted a joint conference entitled “Energy Infrastructure Disputes and Arbitration: Today and Tomorrow”. The one-day conference kicked off with a traditional welcome by Wilson Williams (Sxwíxwtn) of the Squamish Nation on June 2, 2023. After…

Canada, Climate change, Energy Dispute, ICCA, VanIAC

(Woods LLP)/ /Leave a comment

During the first days of June, the scenic Canadian city of Vancouver hosted several events of interest to the arbitration community. The biggest of these was the June 2 joint conference organized by the Vancouver International Arbitration Centre (“VanIAC”) and the International Council for Commercial Arbitration (“ICCA”), which will be discussed in a separate blog…

Careers in Arbitration, Pakistan, Pakistan International Disputes Weekend (PIDW)

(Fietta LLP)/ /Leave a comment

Last month, Pakistan International Disputes Weekend 2023 (PIDW 2023) brought to the fore important discussions on international dispute resolution, to support restructuring access to justice and improvement of the rule of law index in Pakistan. This post recaps the discussions on Day 2 of PIDW 2023, whilst yesterday’s post highlighted the key points from Day…

CPEC, Pakistan, Pakistan International Disputes Weekend (PIDW)

(Fietta LLP)/ /Leave a comment

Last month, the historically prominent city of Lahore, placed itself on the map among other global hotspots for international dispute resolution-focused events, Pakistan International Disputes Weekend 2023 (PIDW 2023) co-hosted by Chartered Institute of Arbitrators (CIArb) Pakistan Branch, MK Consultus LLP and TCC ADR Center was held on 20 and 21 May 2023 at the Pearl…

Empirical Research, International arbitration, Queen Mary- White & Case Survey, Singapore International Dispute Resolution Academy, Surveys

(Singapore International Dispute Resolution Academy)/ /Leave a comment

Knowledge and information with respect to international dispute resolution processes are mostly limited to our own experiences, the jurisdictions we operate in, or the cases we deal with in various roles; the rest is anecdotal evidence. But what are the preferences of the users and what are their experiences like globally? Do the international dispute…

ADR, Arbitrator Intelligence, Arbitrator Selection, Brazil, Latin America, Technology

(Barbosa, Müssnich & Aragão Advogados – BMA) and (XGIVS Advogados)/ /Leave a comment

On May 9, 2023, the Arbitration Channel, a pioneer Brazilian institution in the dissemination and promotion of arbitration internationally, held the XVII Rio de Janeiro International Arbitration Conference (“Rio Arbitration Conference” or “Congress”), curated by  João Bosco Lee (Lee Taube Gabardo Sociedade de Advogados, Partner) Lauro Gama (Lauro Gama Advogados Associados, Partner) and Maurício Almeida…

Arbitration, Court Proceedings, Submissions

, , , (Herbert Smith Freehills LLP)/ /2 Comments

In general, arbitration laws do not make express provision for rules of evidence and institutional rules largely leave it to the arbitral tribunal to determine matters of evidence. It might, therefore, be thought uncontroversial to state that strict rules of evidence do not apply in arbitration proceedings. But while most practitioners would concede that arbitration…

Announcement, 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 for Africa. 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…

Advocacy, Closing Statements, International arbitration, Opening Statements, Psychology, Young ICSID

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On May 22, 2023, Young ICSID’s first “Advocacy Skills Training: Making an Effective Opening and Closing Statement” took place. It was opened by Celeste E. Salinas Quero and featured Klaus Reichert SC and Donald E. Vinson, Ph.D., who are authors of “Arbitration: The Art & Science of Persuasion”. The two-hour training, held both online and…

Arbitration institution, CCB Bogota, Colombia, Interviews with Our Editors, Latin America

(Herbert Smith Freehills) and (BakerHostetler)/ /Leave a comment

Gustavo Piedrahita is an attorney with more than 15 years of professional experience. He received his law degree (LLB) from Universidad de la Sabana in Colombia and has a master’s degree in corporate law from Universidad Sergio Arboleda. He is a specialist in commercial, financial, and environmental law. Mr. Piedrahita acts as a domestic and…

ECT Modernisation, ECT Withdrawal, European Union, Treaty Amendment

(University of Vienna)/ /Leave a comment

Several EU member states have abandoned the modernization of the ECT and expressed their intention to withdraw from the ECT (see here). In February 2023, a Commission non-paper was leaked, which describes a coordinated withdrawal of the EU and its member states from the ECT as the ‘the most adequate option’. Such a coordinated withdrawal…

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 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…

COVID-19, DIS, Germany, War

, (Hogan Lovells)/ /Leave a comment

The DIS Spring Conference, one of the DIS’s two main annual conferences, attracted over 300 participants and took place in Munich on 3 May 2023 after the traditional Gala Dinner on the eve of the conference. The conference set off with a welcome note by Dr. Rouven F. Bodenheimer (DIS), introducing the theme of the…

Conference, ISDS Reform, UNCITRAL

, (Curtis, Mallet-Prevost, Colt & Mosle LLP) and (Hughes Hubbard LLP)/ /1 Comment

On March 31, 2023, the Dispute Resolution Interest Group of the American Society of International Law (ASIL) hosted the session “Reforming Substantive Investment Law: How Should We Do It?” during the ASIL Annual Meeting in Washington, DC. The event featured Donald McRae, Ladan Mehranvar, Amaia Rivas Kortazar and Sylvie Tabet, and was moderated by DRIG…

Arbitration Act, Saudi Arabia, SCCA

(Public Law Department at King Faisal University)/ /6 Comments

The development of arbitration and its associated regulatory practices in the Kingdom of Saudi Arabia (“KSA”) began with the enactment of the 2012 KSA Arbitration Law (“2012 Law”) in March 2012. Ten years later, this post discusses the progress of arbitration in the KSA and the significant strides made by the KSA which positions it…

IBA, ICC, ICC Arbitration, Rule of Law

(Clifford Chance)/ /1 Comment

On Europe Day (9 May), which marks the anniversary of the first step towards the creation of the European Union, Madrid witnessed a one-of-a-kind fireside chat with Claudia Salomon (President of the ICC International Court of Arbitration) and Almudena Arpón de Mendívil (President of the IBA). The chat, which was hosted by IE University and…

Annulment, Guerrilla Tactics, Procedure

(Boustany Law Offices) and (Hadef & Partners)/ /1 Comment

The use of “guerrilla tactics” is by no means a new phenomenon in the world of international arbitration. Indeed, such strategies have been the subject of a number of articles, scholarly discussions and even a four hundred-page book. What is meant by this expression, in essence, is the use and abuse of the procedural rules…

Investment protection, Investor-State arbitration, Israel

and (Meitar Law Offices)/ /1 Comment

Israel is known as the land of “milk and honey.”  But in recent years it has also become known as the land of innovation and entrepreneurship.  Successful Israeli start-ups include Waze (the satellite navigation company), M-Systems (the developer of the first USB drive), and MyHeritage (the online genealogy platform). As Israel has progressively embraced liberalism,…

Achmea, EU Law, German Federal Supreme Court, ICSID

(Bucerius Law School and Latham & Watkins LLP)/ /3 Comments

Seven years ago, Germany’s Federal Court of Justice (Bundesgerichtshof, BGH) set off an avalanche that buried most of the European investment arbitration landscape. The BGH’s order of June 3rd 2016 referred to the Court of Justice of the EU (CJEU) a long debated question: Are intra-EU investment arbitrations compatible with EU law? They are not,…

Brazil, Brazilian Superior Court of Justice, Conflict of Jurisdiction, Latin America

(Mattos Filho Advogados)/ /2 Comments

On June 10, 2022, the Superior Court of Justice in Brazil (“STJ”) ruled on the conflict of competence No. 185.702/DF (“CC 185.702/DF”) under the premise that arbitration has a jurisdictional nature and, therefore the STJ has jurisdiction to decide conflict of competences between arbitral tribunals constituted pursuant to the rules of the same arbitral institution…

Abu Dhabi, Courts, Dubai, MENA, Pathological arbitration agreement, UAE Federal Arbitration Law, Uncategorized

(Al Owais Advocates & Legal Consultants)/ /1 Comment

Pathological clauses are not an infrequent occurrence in the arbitration world. We often see arbitration clauses which are poorly drafted and may result in rendering the clause inoperable. Being able to predict how a court would treat a pathological clause would help the parties and specifically the party wishing to file proceedings decide whether they…

Code of Conduct, ISDS Reform, UNCITRAL WG III Series, UNCITRAL WG3 Series

(Association ARBITRI)/ /1 Comment

In the forest of reform deliberations at the UNCITRAL Working Group III (ISDS Reform), the development of a draft Code of Conduct for decision-makers in investment disputes (Draft Code) was considered a low-hanging fruit. WGIII delegates and commentators frequently used this metaphor to reflect on the consensus among the key stakeholders that the Code should…