European Convention on Human Rights, European Court of Human Rights, Human Rights, Investment Arbitration, Investment Disputes, Public Interest

(City University of Hong Kong/ UMBRA Strategic Legal Solutions)/ /Leave a comment

On 30 November 2022, the Hong Kong International Arbitration Centre (along with the British Institute of International and Comparative Law) organised the 2022 Kaplan Lecture. The lecture was delivered by Robert Spano – a former President and Judge of the European Court of Human Rights (ECtHR) – and focussed on the new frontiers faced by…

2022 in Review, Arbitration, International Investment Arbitration, International Investment Law, Ukraine

(Visiting Lawyer at Linklaters)/ /Leave a comment

2022 was undoubtedly the most challenging year in the history of independent Ukraine. The international implications of Russia’s war against Ukraine, including economic sanctions and global energy and food crises, have been felt even in the most remote corners of the globe. Unsurprisingly, the war also stalled the majority of investment arbitrations involving Ukraine, affecting…

EU Law, Third party funding

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International arbitration proceedings typically involve fact-sensitive and technically complex transnational disputes, and usually require large legal teams, multiple expert and fact witnesses, making the costs skyrocket. In this scenario, a party lacking the necessary funds might decide not to pursue a legitimate claim. This limited access to arbitral justice is concerning from a policy standpoint,…

Arbitral seat, Canada, Common Law, Diversity, Interviews with Our Editors, ISDS, Sport arbitration

(Woods LLP)/ /Leave a comment

Few people can pride themselves with a career as rich and impactful as that of the Honorable L. Yves Fortier, PC CC, OQ, KC, Ad. E., LLD and no summary will do it justice. Counsel, negotiator, arbitrator, diplomat, thought leader – these are just some of the hats Mr. Fortier has worn over the years….

Enforcement, Russia, Sanctions, Sovereign Immunity

(Asters)/ /Leave a comment

On 24th of February 2022, the Russian Federation commenced a full-scale and open invasion of Ukraine after annexation of Crimea and eight years of hiding behind its puppet republics, the so-called Donetsk and Luhansk People’s Republics. The main difference between the start of armed conflict in the Donbas region in 2014 and the start of…

2022 in Review

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In our 2021 in Review post, we predicted that 2022 would not disappoint; it would be another busy year with several investment arbitration-related developments in the European Union (EU). In line with the Blog’s traditional “year-in-review” series, this post is the moment of truth for our prediction. In what follows, I will offer an overview…

2022 in Review, Diversity, Sustainability

(Shardul Amarchand Mangaldas )/ /2 Comments

In 2022, the international arbitration community took several further impactful steps towards building awareness of diversity challenges in the profession and towards improving existing disparities. As previously discussed on this Blog here and here, an intersectional analysis of diversity is important to evaluate how each minority is faring, individually and when intersected with each other….

2022 in Review, Emergency Application, Emergency Arbitrator, Enforcement, Group of Companies Doctrine, India, Institutional Arbitration, Non-signatory

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In recent years, arbitration in India has grappled with numerous challenges.  Recalcitrant parties knocking on the doors of trigger-happy courts ensured, unfortunately, that arbitration was viewed with mistrust in India.  However, the changes observed in the last few years, including those discussed in our prior year in review posts focused on India (see here, here…

Achmea, Balkans, Climate change, Energy, Energy Charter Treaty, Paris Agreement

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Amid a push for more decisive action toward energy transition, countries around the world are facing pressure to innovate and adopt sweeping legislative amendments, all while trying to avoid investment claims by foreign investors affected by the changing regulatory frameworks. Among the countries performing this balancing act, Bosnia and Herzegovina and other Western Balkans countries…

2022 in Review, AAA Model BIT, AfCFTA, Africa, Nigeria, Sierra Leone Arbitration Act, Surveys

(Aluko & Oyebode) and (University of Oxford)/ /Leave a comment

2022 witnessed the continued growth and concerted efforts of practitioners within Africa to promote the use of arbitration across the region. A report published by Herbert Smith Freehills in the first quarter of 2022 revealed that the number of arbitrations taking place in the continent, in comparison with those outside the continent, has increased. Despite…

Annulment, Appointment of arbitrators, Equal Treatment, France

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Recently, in the landmark Vidatel case (previously discussed here), the French Court of Cassation (“Court of Cassation”) rejected an appeal for setting aside an arbitral award on the ground, among others, that the tribunal was improperly constituted. This appeal had arisen from a Paris Court of Appeal (“Court of Appeal”) judgment refusing to set aside…

2022 in Review, Federal Supreme Court of Switzerland, Switzerland

(Rihar & Thouvenin Dispute Resolution)/ /Leave a comment

This post highlights the most significant arbitration-related developments in Switzerland in 2022 that are of interest to the international arbitration community at large. Part I focuses on the topic of arbitrator’s independence and impartiality as well as on enforcement of arbitral awards in Switzerland, all from the perspective of the Swiss Federal Supreme Court (‘SFSC’)….

2022 in Review, Federal Supreme Court of Switzerland, Switzerland

(Rihar & Thouvenin Dispute Resolution)/ /Leave a comment

This Part II of the 2022 Year in Review: Switzerland post focuses on decisions of the SFSC providing useful guidance on the remedy of revision (as in force since January 2021) and on the concept of “treaty shopping”. In addition, Part II briefly summarizes the main developments in Swiss legislation and arbitration rules (Supplemental Swiss…

2022 in Review, Advance on Costs, Annulment, Applicable Law, Duty to Disclose, France, International Public Policy, Intra-EU Investment Arbitration

(Laborde Law) and (Pinsent Masons)/ /Leave a comment

This post provides a review of the most noteworthy arbitration-related developments in France in 2022. In a nutshell, last year, French courts consolidated previous approaches and solutions endorsed in 2020 and 2021, and confirmed major developments of French arbitration law.   The Fear of a Substantive Review of Awards by the Annulment Judge Are French…

Arbitration Tech Toolbox, Cross-examination, Technology, Virtual hearings

(LALIVE)/ /Leave a comment

Now more than ever, technology is an integral part of hearings. Cross-examination of witnesses by videolink and streaming to remote participants are now commonly accepted; real-time transcription has become the norm wherever budget allows; and electronic presentation of evidence (EPE) is frequently used in cross-examinations. These technologies have changed the way in which we present…

Crimea, Investment Treaties, Russia, State Succession, Territory, Ukraine, VCLT

(Independent Arbitrator)/ /Leave a comment

The year 2022 saw French and Dutch courts upholding arbitration awards which condemned Russia for breaches of the 1998 BIT between Russia and Ukraine (“Russia-Ukraine BIT”) through actions in the Crimea peninsula after its annexation in 2014. The arbitration cases in the context of which the awards were issued (the “Crimea cases”) have a common…

2022 in Review, Canada, Commercial Arbitration, Insolvency, Recognition and enforcement of arbitral award

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In 2022, Canadian courts revisited some old issues, like the timeframe for recognizing foreign arbitral awards, but also faced new dilemmas, such as the impact of sanctions on recognition and enforcement. Fostering Canada’s pro-arbitration standing, courts were generally adamant about referring commercial parties to arbitration, although a few exceptions that arose in insolvency contexts are…

2022 in Review, Canada, ISDS, Recognition and enforcement of arbitral award

, (Woods LLP)/ /Leave a comment

The past year has seen several victories for Canada on the ISDS front, a conclusion of a decade-long NAFTA arbitration, and much more. If 2022 is any indication, readers will have many more developments to look forward to during 2023.   Canada comes out of 2022 mostly on top in ISDS Of the cases surveyed,…

Hungary, Hybrid arbitration clause, Pathological arbitration agreement

, (KPMG Legal Tóásó Law Firm)/ /Leave a comment

A recent international arbitration case administered by the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (“HCCI Arbitration Court”) demonstrated that Hungary follows the international trend in dealing with the enforceability of pathological arbitration clauses. Arbitration clauses are pathological if they contain defective elements, thus making their interpretation at best uncertain,…

Chile, European Commission, European Union, Investment agreements, ISDS Reform

(King’s College London)/ /Leave a comment

The European Commission has published the Trade and Investment pillar of the Advanced Framework Agreement between the European Union (EU) and Chile (the Agreement), as politically concluded. This seeks to modernise the EU-Chile Association Agreement. Undoubtedly, it represents a success for the EU, as it reinvigorates its trade and investment agenda, particularly in light of…

Canada, Insolvency, Non-signatory, Separability

(Freshfields Bruckhaus Deringer)/ /Leave a comment

On November 10, 2022, the Supreme Court of Canada issued its decision in Peace River v Petrowest. Insolvency and arbitration practitioners alike eagerly anticipated the decision, hoping it would provide clarity on how to resolve challenges that arise when these two specialist areas of practice come together in one case.  In this post, we review…

2022 in Review, Human Rights

(Georgetown Law) and (Columbia Law School)/ /Leave a comment

This is the fourth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year (see prior Blog coverage, here, here, and here). As we emphasized last year, developments at this intersection continue directional trends from prior years, but also converge across both…

Teaching International Investment Arbitration Series

(SOAS, University of London)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The School of Law at SOAS University of London is unique among Law Schools in London. We have a distinct ‘Southern’ perspective in our course content, and we take a socio-legal dimension in our engagement with the law and how we teach law to our students.  We bring these to our teaching on the international…

CETA, Intra-EU ISDS, Ireland, ISDS

(Éamonn Conlon SC Arbitration & ADR)/ /Leave a comment

By a 4-3 majority, the Irish Supreme Court held in Costello v Government of Ireland that the Constitution precludes Irish ratification of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union and its member states. Inevitably, the decision has been compared with Achmea and CJEU Opinion 1/17. This post looks at…