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Corruption, Environment, ESG, International Investment Arbitration, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, Renewable energy, YSIAC Conference

YSIAC Conference Recap: Resolving ESG Disputes Through International Arbitration

Ilene Chua (Oon & Bazul LLP)/November 12, 2021November 11, 2021 /Leave a comment

YSIAC

…difficulties in investor-state arbitrations and commercial arbitrations, namely the difficulties in ascertaining the soft rules of a community and in holding companies and investors accountable for their actions. Ultimately, Ms….

arbitration rules, CMAP, France, Paris

The New and Improved CMAP Rules of Arbitration: Continuity and Innovation

Flore Poloni, Tara Farasat (Signature Litigation Paris)/November 10, 2021November 6, 2021 /Leave a comment

…CMAP Rules Results in the Automatic Adoption of the Emergency Decision Rules For arbitration agreements concluded after 1 January 2022, adherence to the CMAP Arbitration Rules will automatically constitute adherence…

Korea, Maritime Arbitration, Shipping, Singapore

A Tale of Two Maritime Hubs: The Rise of Regional Maritime Arbitration Centers in Asia

Kaili Ang (Virtus Law LLP (Stephenson Harwood (Singapore) Alliance)) and Arie C. Eernisse (Peter & Kim)/November 9, 2021November 10, 2021 /Leave a comment

…rules, the Maritime Arbitration Rules of the Asia-Pacific Maritime Arbitration Center (“APMAC Rules”).11)The Maritime Arbitration Rules of the Asia-Pacific Maritime Arbitration Center. Although APMAC’s focus is on maritime disputes, the…

Emergency Arbitrator, Enforcement, India, Interim measures

Emergency Award or Approaching Court for Interim Relief? – Has the Amazon Decision Made this a Question of Either One or the Other but Not Both?

Shalaka Patil/November 8, 2021November 8, 2021 /Leave a comment

…and (d) parties having agreed to SIAC rules and emergency arbitration process could not renege from the award and treat it as invalid after the fact. As such, no order…

Arbitration, Arbitration Agreements, Arbitration Proceedings, Language of arbitration

Arbitrators Don’t Speak Esperanto: The Difficulties and Dominance of English as a Procedural Language in Arbitration

Daniel Greineder (McNair International )/November 7, 2021October 23, 2021 /Leave a comment

Peter & Kim

…be less concerned to give up peculiarly national legal rules and practices in the proceedings. However, arbitration also aspires to be the preferred forum for users from very different legal…

Appeal, Procedural Error, Procedural Fairness, Procedural Order, Set aside an arbitral award, Set aside an international arbitral award, Singapore, Witness

CBS v CBP: Appeal Mechanism For Procedural Rulings Infringing Natural Justice?

Joshua Phang and Wong Yan Yee (WongPartnership LLP)/November 6, 2021November 5, 2021 /Leave a comment

…had recourse to the courts where a tribunal makes a procedural ruling which infringes the rules of natural justice. Where the tribunal’s procedural ruling infringes the rules of natural justice,…

Counterclaims, Investment, Investment Arbitration, Investor-State arbitration, ISDS

Counterclaims in Investment Arbitration: Reflections on UNCITRAL WG III Reform

Anna De Luca (Macchi di Cellere Gangemi) and Crina Baltag (Managing Editor) (Stockholm University)/November 5, 2021December 5, 2021 /Leave a comment

…of their international treaty obligations; and they indicate as governing law just treaty provisions and applicable rules of international law, thus excluding states’ possibility to counterclaim. This is, for instance,…

CAS arbitration, doping, Russia, Sport arbitration

Anti-Doping Lessons from Tokyo 2020: Liability of Athletes for Signatory Actions

Yasaschandra Devarakonda/November 4, 2021October 31, 2021 /Leave a comment

…up the Anti-Doping Division of the Court of Arbitration for Sports (CAS ADD) to hear and decide anti-doping cases as a first-instance authority. While the CAS ADD Arbitration Rules apply…

ASA Bulletin

The Contents of the ASA Bulletin, Volume 39, Issue 3 (September 2021)

Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE) and Catherine Anne Kunz (LALIVE)/November 4, 2021October 22, 2021 /Leave a comment

…Flavio PETER, Urs WEBER-STECHER, The Myth of Partial Awards on Advances on Costs in International Commercial Arbitration in Switzerland under the Swiss Rules Flavio PETER and Urs WEBER-STECHER examine the…

CAS arbitration, OECD, Paris Arbitration Week, PCA, WIPO

Paris Arbitration Week: International Organizations as Users and Providers of International Arbitration

Bruno Savoie (City-Yuwa Partners )/November 2, 2021October 8, 2021 /Leave a comment

…variety of commercial and other disputes involving IOs, whether under the PCA rules or the UNCITRAL rules. Mr Doe shared his views on the following distinguishing features of IOs as…

América Móvil, Colombia, Mexico, Telecommunications, TLC

Tribunal Rejects América Móvil’s Claims Against Colombia

María Camila Rincón (Zuleta Abogados)/November 1, 2021October 21, 2021 /Leave a comment

…Additional Facility Rules. The Claimant argued that by issuing Judgment C-555, Colombia expropriated Claimant’s Right to Non-Reversion of the Assets and consequently the Assets. The Claimant requested a sum of…

Arbitration Proceedings, Australia, Australian Arbitration Week, Court Proceedings, Functus Officio

Australian Arbitration Week Recap: Functus Officio in Arbitration

Sebastian King (The Australian National University)/October 31, 2021October 31, 2021 /Leave a comment

…Doyle noted, the extent to which a domestic court may intervene in an arbitration is provided for by the relevant institutional rules. For arbitrations brought under the UNCITRAL Model Law,…

Australia, Australian Arbitration Week, Confidentiality

Australian Arbitration Week Recap: When Does Privacy Become Secrecy in Commercial Arbitrations?

Nick Papadimos/October 31, 2021October 30, 2021 /Leave a comment

…and New Zealand. Many arbitral institutions have also sought to include explicit provisions around privacy and confidentiality in their rules (e.g. Article 26 ACICA Rules; Article 30 LCIA Rules). In…

Arbitration Act, Case Management, China, HK Arbitration Week, HKIAC, Interim measures, Interviews with Our Editors, Third party funding, Tribunal Secretary

Interviews with Our Editors: In Conversation with Sarah Grimmer, Secretary-General of the Hong Kong International Arbitration Centre

Hiroko Yamamoto (Associate Editor)/October 26, 2021October 17, 2022 /Leave a comment

…to administer foreign-related arbitrations. Some of the proposed provisions are also in line with the relevant provisions of the 2018 HKIAC Administered Arbitration Rules (“2018 Rules”). For example, both Article…

Ad hoc arbitration, Arbitration Act, Arbitration institution, China

The Turn to Fact or Fiction: Ad Hoc Arbitration in the Draft Amendment to PRC Arbitration Law

Ming Liao (Tahota Law Firm)/October 24, 2021October 9, 2021 /Leave a comment

…UNCITRAL Arbitration Rules, which are often referenced in arbitration clauses providing for ad hoc arbitrations. Compared to these rules and national arbitration laws, the existing Arbitration Law features more on…

DIAC, DIFC, DIFC conduit jurisdiction, Dubai, MENA, Qatar, Qatar Financial Centre

Upheaval of Dispute Resolution Centres in the Gulf: Recent Developments in Qatar and Dubai

Noor Kadhim (Armstrong Teasdale)/October 23, 2021October 23, 2021 /Leave a comment

…between the two sets of rules is the first challenge that parties will need to tackle; the DIFC-LCIA Rules were updated in 2021 whereas the DIAC Rules currently in force2)Pending…

Artificial Intelligence, Canada, CanArb Week, Diversity, Third party funding

Highlights from CanArb Week 2021: The 2021 ICC Canada Conference – Leaning into the Future

Alison FitzGerald (Norton Rose Fulbright Canada LLP), Rachel Howie (Dentons), and Bruno Savoie (City-Yuwa Partners )/October 22, 2021October 18, 2021 /Leave a comment

…me the Money Trail’ The second debate focused on whether the issues associated with third party funding in international arbitration have been adequately dealt with through our current rules framework,…

Canada, CanArb Week, Experts, Hot tubbing

Highlights from CanArbWeek 2021: Lukewarm on Hot-tubbing – Effective Expert Collaboration Goes beyond the Joint Report

Kylan Kidd, David Thiedemann (Burnet, Duckworth & Palmer LLP)/October 21, 2021October 18, 2021 /2 Comments

…as well. Lawyers with a litigation-focused background are encouraged to leave behind the Rules of Court that they are comfortable with and consider arbitration’s more flexible, and potentially less adversarial,…

Bias, Canada, CanArb Week, Confidentiality, Confidentiality and Transparency, Diversity, Early Determination, Efficiency, Third party funding

Highlights from CanArb Week 2021: “New World New Rules” Tackles Transparency, Efficiencies, and Canadian Developments in Arbitration

Jocelyn Turnbull Wallace, Heather Maki (McCarthy Tétrault LLP)/October 20, 2021October 18, 2021 /Leave a comment

…of the London Court of International Arbitration (LCIA) Rules. Under the LCIA Rules, the arbitral tribunal has the authority to dismiss claims upon the application of any party or the…

Arbitration, Arbitrator Selection, Arbitrators, Career

How to Manage Work-Life Balance in Context of First Arbitral Appointments

Hanna Roos (Aavagard LLP)/October 18, 2021October 18, 2021 /2 Comments

…with the fresh ideas. Promote your specialism through social media: You can harness social media to communicate your specialism as an arbitrator – institutional rules, sectors, commercial/treaty arbitration – to…

China, Hong Kong, Lusophone countries, Macau, Tax Obligations, Taxation, UNCITRAL Model Law

Jumpstarting Arbitration through Tax Incentives? Macau’s Tax Incentive Scheme for Choosing Arbitration

Fátima Dermawan (MdME Lawyers) and João Ilhão Moreira (University of Macau)/October 17, 2021October 21, 2021 /Leave a comment

…from a court or arbitral tribunal that rules that the arbitration agreement does not exist, is ineffective, or does not produce any effects; The landlord or the grantor filed a…

Arbitration Agreement, UAE

Conflicting Dispute Resolution Clauses in Related Contracts in the UAE: Which Forum?

Soraya Corm-Bakhos (Watson Farley & Williams (Middle East) LLP)/October 14, 2021October 13, 2021 /Leave a comment

…to consider (as with any arbitration clause) whether the arbitration should be administrated by an institution or conducted ad hoc, which arbitrations rules are to apply, what the seat of…

Private International Law Act, Set aside an international arbitral award, Supreme Court, Switzerland

Can an Arbitral Tribunal Award a Claim in a Different Currency Than Requested? – The Case of Switzerland

Andrea Roth (Wartmann Merker AG)/October 12, 2021October 7, 2021 /Leave a comment

…Federal Supreme Court’s decision was an international investment arbitration proceeding under the ICC Rules. The dispute concerned the investment of several Turkish investors in cement plants in Syria. In the…

Yearbook Commercial Arbitration

The Contents of the Yearbook Commercial Arbitration, Volume XLVI (2021), Upload 3

Stephan Schill (General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/October 11, 2021October 6, 2021 /Leave a comment

…rules of Art. V(1)(a) of the New York Convention, which concern the enforcement of awards, have to be applied by analogy in proceedings concerning the enforcement of arbitration agreements. In…

Kluwer Arbitration Blog

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