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

(Victorian Bar)/ /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 by a party within the relevant time period. The principle of kompetenz-kompetenz prescribes that an arbitral tribunal may determine its own jurisdiction (which necessarily includes…

Paris Arbitration Week, Witness, Witness Statement

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Witness testimony is a core component of the arbitral process and is often integral to the Tribunal’s fact-finding exercise. But the reliability of witness evidence has come under increased scrutiny in recent years because of the degree of counsel involvement in the preparation and presentation of witness evidence, both prior to and at the hearing….

Paris Arbitration Week

, , (Laborde Law) and (ICC International Court of Arbitration)/ /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 power of “proportionality” – a sleeping giant of a concept in investment arbitration”, with Lucas Bastin KC (Essex Court Chambers), Jackie McArthur (Essex Court Chambers),…

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

(Addleshaw Goddard LLP)/ /Leave a comment

In the course of the 2023 Paris Arbitration Week, Jeantet organized a round table on “Arbitrating Renewable Energy Disputes, with a Special Focus on the CEE Region”. The panel was composed of Caroline Falconer (Secretary General of the SCC Arbitration Institute), Jurriaan Kien, (Legal Director New Energies & Services, SBM Offshore), Edoardo Marcenaro, (Head of…

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

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In 2022, Hong Kong International Arbitration Centre’s (HKIAC) arbitration caseload reached its highest level in over a decade. The statistics demonstrate the steady strength of Hong Kong (“HK”) as a seat for arbitration. As the global economy turns towards Asia, increased commercial and investment activity will lead to increased disputes and demand for effective dispute…

Paris Arbitration Week, Provisional measures

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As the 2023 Paris Arbitration Week (PAW) unfolded, Bredin Prat organized a discussion on Day 3 on the strategic tools that arbitrating parties can resort to in the context of provisional measures and emergency arbitrator requests as well as potential hurdles and strategies to avoid them. The panel was composed of Dr. Sébastien Besson, Barton…

Environment, Investment Arbitration, Mining Sector, Sustainability

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Following an exciting opening day (see here and here), on Day 2 of Paris Arbitration Week (PAW) Jus Mundi hosted a discussion on “Striking a Sustainable Deal: Balancing State Responsibility and Investor Rights in Mining”. The panel was moderated by Alexandre Vagenheim (Jus Mundi) and included Diora Ziyaeva (Dentons), William Kirtley (Aceris Law), Mark Johns (Exponent)…

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

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Over the past century, the waves of “resource nationalism” have affected foreign investments through government measures, ranging from policy changes, tax regimes and repatriation of profits to expropriation without compensation. 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…

Energy, Energy Charter Treaty, Paris Arbitration Week, Reform

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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 PAW. The first day of PAW kicked off with the keynote address by Dr Yas Banifatemi, founding partner of Gaillard Banifatemi Shelbaya Disputes. In keeping…

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

, , , (Laborde Law)/ /1 Comment

As part of Day 1 of the 2023 Paris Arbitration Week (PAW), Laborde Law and Honlet Legum organised a discussion between Meg Kinnear (ICSID, Secretary General), Toby Landau KC (Duxton Hill Chambers), and Prof. Alain Pellet (Paris X University) on “The Future of Investment Arbitration?”. The event was moderated by Gustavo Laborde (Laborde Law), Jean-Christophe…

ICC Arbitration Day

(Marval, O’Farrell & Mairal) and (Curtis, Mallet-Prevost, Colt & Mosle )/ /Leave a comment

The first edition of the ICC Argentine Arbitration Day was held on March 13, 2023, and featured a series of side events during March 12 and March 14. This long-awaited edition, hosted during the Centenary of the ICC International Court of Arbitration, proposed an ambitious schedule both in terms of content and speakers. The aim…

ICC Arbitration Day

(Marval, O’Farrell & Mairal) and (Curtis, Mallet-Prevost, Colt & Mosle )/ /Leave a comment

This post continues the coverage of the 1st ICC Argentine Arbitration Day 2023 that is available in Part 1.   Panel III – Debate on Economic Sanctions: A High Impact Phenomenon The third panel involved an absorbing discussion with respect to economic sanctions and its impact on arbitrators and arbitral institutions. This panel was moderated by…

IBA Guidelines on Conflicts of Interest, Independence and Impartiality

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Independence and impartiality of an arbitral tribunal has been fundamental to arbitration and was recently re-emphasized by major decisions in common law jurisdictions including by the UK (Halliburton v. Chubb) and Indian (Perkins Eastman v. HSCC) Supreme Courts. However, independence and impartiality in arbitration is not a common law question and is deeper seated and…

Arbitration, Insolvency, Spain

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

Since 2020 insolvency activity in Spain slowed down because of the moratorium declared by the Spanish government in the wake of Covid-19, under which the obligation to file for insolvency was suspended until 30 June 2022. Perhaps unsurprisingly, official statistics for the third quarter of 2022 showed a dramatic increase in the insolvency declarations within…

California, California International Arbitration Week, Interviews with Our Editors

(Freshfields Bruckhaus Deringer US LLP)/ /Leave a comment
Young California Arbitration (Young CalArb)

Giorgio Sassine is an Associate in the Los Angeles office of Musick, Peeler & Garrett, where he is a member of the International Arbitration and Litigation and Construction Practice Groups. He has extensive experience in complex, high-value international and domestic disputes.  He is also an active member of the California arbitration community, serving as a…

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

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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…