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…
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…
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…
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…
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”…
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?” …
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…
On the third day of London International Disputes Week (LIDW) 2023, the panel on “Arbitration on the MENA Region: New Future” hosted by 39 Essex Chambers covered recent developments of arbitral institutions in the MENA region. The panel discussion took place among Vivek Kapoor, Richard Wilmot-Smith KC and Lindy Patterson KC from 39 Essex Chambers…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
Much has been written on countermeasures enacted by States against Russia (e.g., here, here, here), but to the extent that States’ measures in response to Russia’s breaches of international law have violated the protections owed to Russian private investors, can States still claim that these measures are lawful countermeasures? And, if and when these Russian…
The modernization of the Energy Charter Treaty (ECT) has been debated among scholars, with some supporting it and others criticizing the process and outcome. The vote on the modernization was postponed indefinitely due to ongoing debates about the Treaty’s future, including various withdrawals from it. The modernization process encapsulates broader reform efforts and attempts to…
Much has been written already about the future of the Energy Charter Treaty (“the ECT”) – or perhaps lack thereof. Briefly, attempts to modernise the ECT began in earnest in 2017 with the aim of better aligning the treaty’s substantive provisions with its contracting parties’ climate law obligations. On 24 June 2022, those discussions culminated…
By the end of April 2023, observers of the ECT modernisation process may have felt as if they were waiting for Godot. The vote on the outcome of the ECT modernisation process, scheduled to take place at an ad hoc meeting of Energy Charter Conference at the end of April 2023, was postponed for the…
‘Are cryptocurrency assets a protected investment under investment treaties?’ Evgeniya Rubinina asks in the Journal’s first issue of 2023. It is both a topical and complex question to ask. It is topical because in the wake of an annus horribilis that cryptocurrencies had in 2022, including the collapse of major cryptocurrency trading firms such as…
