Arbitral Award, Free Trade Agreements, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, Latin America, Peru

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Asociación Latinoamericana de Arbitraje (ALARB)

Despite the good results obtained for several years in its defense from investment arbitration claims, the Republic of Peru has become one of the countries with the highest number of arbitration claims filed against it. To date, nineteen cases have concluded, and twenty-three cases are pending resolution. In December 2022, an award was issued in…

Climate change, ECT Withdrawal, Energy Charter Treaty, Energy Dispute, Enforceability, Enforcement, ESG, Europe, LIDW 2023, Political Risk Insurance, Ukraine, War

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The Panel “The Future of Major Energy Projects Crises, Challenges, and Opportunities” took place on the penultimate day of the London International Disputes Week 2023 (“LIDW 2023”) on 18th May 2023 in the London office of McDermott Will & Emergy with panellist Armando Neris from McDermott Will & Emery, Lucian Ilie from Outer Temple Chambers,…

Arbitrability, International Commercial Arbitration, Singapore, Singapore Court of Appeal

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On 6 January 2023, the Singapore Court of Appeal (the SCA) passed a judgment in Anupam Mittal v Westbridge Ventures II that redefines existing notions of the law applicable to subject matter arbitrability at the pre-award stage (the Westbridge Judgment). The High Court’s decision which was appealed before the SCA is discussed here. National courts…

Arbitration Tech Toolbox, Artificial Intelligence, Black Box, Regulations, Technology

(Simmons & Simmons LLP), (Simmons & Simmons), and (FERRERE)/ /Leave a comment

A black box artificial intelligence (“AI”) model is one “created directly from data by an algorithm, meaning that humans, even those who design them, cannot understand how variables are being combined to make predictions” (see a more detailed discussion here). That we do not understand the way an AI reaches its conclusions is creating discomfort…

Moot Courts, Vis Moot

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For the first time ever, a Sri Lankan law school won the 20th Vis East Moot in Hong Kong. The team representing the Royal Institute of Colombo, comprised of Treshan Fernando, Abinesha Rajaratnam, Janithri Panditharatne, Naika Gooneratne and Lalinka De Silva, were awarded the prestigious Eric E. Bergsten Award as the champion team. Another Sri…

Arbitration Agreement, India, Validity

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In an India-seated arbitration, if your contract is unstamped or insufficiently stamped, the Supreme Court of India has now confirmed in its authoritative judgement passed on April 25, 2023, in N N Global Mercantile Private Limited v. Indo Unique Flame Ltd. & Ors. (“NN Global”) that this would be a valid ground to disallow acting…

Third party funding

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Recently, a ripple has created a current through the usually calm waters of the litigation funding world: Reports in the media of disputes between funders, clients and lawyers. Over the past months, cases have featured prominently in the public eye, including for example the dispute between Burford and Sysco. At the heart of these disputes…

Saudi Arabia, SCCA

(Al Tamimi & Company)/ /1 Comment

On 1 May 2023, the Saudi Center for Commercial Arbitration (“SCCA”) introduced its latest edition of the SCCA Rules, following an extensive public consultation process and input from the SCCA Rules Advisory Committee chaired by Richard Naimar and the SCCA’s General Counsel, Christian Alberti. This post provides an overview of the modernizations and innovations reflecting…

English Arbitration Act, English Law, LIDW 2023, London

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This post summarizes two events held as part of Day 3 of the 2023 London International Dispute Week (“LIDW”). First, the panel “Developments in the Arbitration Law of England & Wales: Impact on Arbitration Globally and London’s Place in the World” organized by Debevoise & Plimpton. Second, the joint special event organized by the School…

Construction, Corruption, Diversity, Efficiency, LIDW 2023

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Days 2 and 3 of the LIDW 2023 saw insightful discussions on three hot topics in international arbitration, i.e. corruption, diversity and efficiency. This post summarizes discussions held during two events: “Corruption in International Arbitration: Challenges and Approaches” held on Day 2, and “Increasing Diversity and Efficiency in the Resolution of Construction and Engineering Disputes”…

Arbitral Tribunal, Arbitration institution, Commercial Courts, LIDW 2023

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Participants in the London International Disputes Week 2023 (“LIDW 2023”) had great difficulty choosing from a line of outstanding events to attend. This blog post reports on one session from the third and fourth day of the week, respectively, “The Evolving Role of Arbitral Institutions” and “International Commercial Courts and Arbitration: Competitors or Bedfellows?”  …

Civil Law, Institutional Rules, Japan, Japan Commercial Arbitration Association, JCAA, Prague Rules, Settlement

(Mori Hamada & Matsumoto)/ /Leave a comment

In recent years, criticism that international arbitration rules lean too heavily on common law traditions—with similar legal costs as a result—has culminated in the creation of multiple new sets of arbitration rules, each claiming to facilitate more efficient arbitration proceedings through civil law-based case management strategies. Whether those rules actually result in more proactive management…

International arbitration, LIDW 2023, State, War

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London International Disputes Week 2023 (“LIDW 2023”) carried on with full pace on its third day, 18 May 2023. This blog post covers one of the most attention-grabbing events of the day, namely, the “Disputes Involving States Arising Out of War” event. The moderators for the event were Professor Loukas Mistelis (Queen Mary University of…

England, India, LIDW 2023

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Indian arbitration landscape continues to evolve and London continues to play an important part in cross-border disputes with a link to India. Anuradha Agnihotri, Devika Khopkar, Arun Mal, and Nicholas Peacock, with Rishab Gupta as moderator, shed light on various aspects of the Indian disputes market during LIDW 2023, including India’s recent move towards liberalization,…

LIDW 2023, Russia, Sanctions

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The landscape for Russia-related disputes in London has changed significantly in the last year. The panel of Egishe Dzhazoyan (King & Spalding), Katia Finkel (Baker & McKenzie), Valery Knyazev (Kroll) and Tatiana Minaeva (RPC) moderated by Baiju Vasani (Twenty Essex) discussed shifting trends, challenges arising from international sanctions, enforcement issues, and potential opportunities for dispute…

Asia, LIDW 2023, MENA

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London International Disputes Week 2023 (“LIDW 2023”) kicked off on 15 May 2023. This year’s theme explores how the disputes community, is and should be, adapting to a changing world. The first day – International Arbitration Day followed the “arbitration disputes sun” across key regions and jurisdictions exploring recent developments and connections of those regions…

Artificial Intelligence, Collective redress, ESG, Europe, LIDW 2023

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London International Disputes Week (LIDW) 2023 main conference addressed various facets of international dispute resolution in a changing world. Looking back to the first edition of LIDW in 2019, when the main concern revolved around Brexit and the consequences of it on London as a leading place of arbitration and international litigation, the following editions…

England, English Arbitration Act, English courts, English Law, LIDW 2023, Reform

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London International Disputes Week 2023 (“LIDW 2023”) kicked off on 15 May 2023. This year’s theme explores how the disputes community, is and should be, adapting to a changing world. The first day – International Arbitration Day (hosted by Mayer Brown, Allen & Overy, and Herbert Smith Freehills) – followed the “arbitration disputes sun” across…

Dubai, Interview, Interviews with Our Editors, Saudi Arabia, SCCA, United Arab Emirates

(Al Tamimi & Company)/ /Leave a comment

Fatima, thank you for joining us on the Kluwer Arbitration Blog and congratulations on your recent appointment as Director of SCCA Dubai, as SCCA opens its doors to its first regional office outside the Kingdom of Saudi Arabia (“KSA”). We are grateful to have the opportunity to share your unique perspective with our readers. Your…

Arbitration Agreement, Governing Law, Turkey

, (Baysal & Demir Law Firm)/ /Leave a comment

Identifying the law governing the arbitration agreement has increasingly proven to be a complex and confusing process. This is particularly true after the UK Supreme Court’s Enka v. Chubb judgment, which already was the topic of extensive discussion on Kluwer Arbitration Blog (see here, here and here). In spite of being criticised by many scholars…

Abusive Claims, Investor-State arbitration, Paris Arbitration Week

, , (Curtis, Mallet-Prevost, Colt & Mosle LLP)/ /Leave a comment

As part of 2023 Paris Arbitration Week (“PAW”), Curtis hosted a webinar on “Affaires d’Etats: Abusive Claims Against States and How to Fight Them”. This was the second edition in the “Affaires d’Etats” series initiated by Curtis last year during 2022 PAW. This year’s panel addressed the growing sentiment in some quarters, including in the…

CAS arbitration, Court of Arbitration for Sport, Due Diligence

(National Law School of India University)/ /Leave a comment

Several football teams were adversely affected by the 2008 global financial crisis, and some of them were even liquidated. Over time, some of these clubs re-emerged, including as a result of mergers, acquisitions, the sale and purchase of production units during bankruptcy proceedings, etc. Others, however, were resurrected due to the desire of the supporters and/or…

Arbitration Institutions and Rules, Early Determination, Early Dismissal, Efficiency

(Peter & Kim) and (Herbert Smith Freehills)/ /Leave a comment

The practice of early determination, already customary to common law, has increasingly gained ground in investment and commercial arbitration, being introduced to various arbitration rules. It aims to enhance efficiency by narrowing the issues in dispute or rejecting the whole claim at an early stage, saving both time and cost in a proceeding. In practice,…