Dubai, Enforcement, United Arab Emirates

, (Charles Russell Speechlys LLP)/ /Leave a comment

On 21 April 2022, the Dubai Court of Cassation (the “Cassation Court”) issued a judgment in respect of an application for the recognition and enforcement of foreign arbitration award in case no. 109 of 2022 (the “Judgment”, available in Arabic-only on the Court’s website). In the Judgment, the Cassation Court considered whether an arbitration award…

Arbitration Quiz, Kluwer Arbitration Blog

(Stockholm University) and (MDisputes)/ /Leave a comment

Looking for a fun night out with your arbitration friends now that the holidays are over? Then you will be happy to learn that International Arbitration finally has a game show!  It will be held in Edinburgh on Monday, 19 September 2022. Join our live version of the Kluwer Arbitration Blog Quiz! in Edinburgh, at…

Deep Sea Mining

(University of Antwerp)/ /Leave a comment

To a large extent, the UN Convention on the Law of the Sea (“UNCLOS”) shields the contractual rights of deep seabed miners from the regulatory powers yielded by the International Seabed Authority (“ISA”). Exploration and exploitation contracts concluded between the ISA and deep seabed mining operators are afforded security of tenure: their unilateral suspension or…

Arbitration Agreement, Arbitration clause, Jordan, Validity

(Amereller)/ /Leave a comment

In many Arab countries, including Jordan, special legislative and regulatory instruments are in place to provide certain protections for local commercial agents and distributors. The relevant laws regularly vest the local courts with exclusive jurisdiction to rule on disputes between agents/distributors and principals. Such exclusive jurisdiction rules prevent derogation from the jurisdiction of local state courts…

Kluwer Arbitration Blog

(Stockholm University)/ /Leave a comment

The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for East and Central Asia. The Assistant Editor reports directly to the coordinating Associate Editor and is expected to (1) collect, edit and review guest submissions from the designated region for posting on the Blog, while actively…

Evidence, SCOTUS, Section 1782 Discovery

/ /Leave a comment

In June of this year, the Supreme Court of the United States issued a unanimous opinion (ZF Automotive US, Inc. v. Luxshare, Ltd., available here) settling a circuit-split regarding the interpretation of 28 U.S.C. § 1782. The provision grants U.S. federal courts the authority to compel testimony or the production of documents to aid “foreign…

ASA Bulletin

(Editor in Chief, ASA Bulletin; LALIVE) and (LALIVE)/ /Leave a comment

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases; we also add a brief glimpse of the articles of the next issue:   ARTICLES Felix DASSER, Choosing a Seat? Ten Questions to Ask (on Setting-Aside Proceedings) In his message, ASA President…

Arbitral Award, Arbitration Award, Arbitration Awards, Arbitrator's mandate, Arbitrators, Awards, Efficiency, ICSID Arbitration, Reasoned Awards

(Henry William Lawyers)/ /4 Comments

There’s a story told of Abraham Lincoln who, during his days as a working lawyer, was riding in a stagecoach from one rural courthouse to another. His companions got to discussing human anatomy, and one of them asked Lincoln, a distinctly tall man himself, how long he thought a man’s legs should be. Long enough,…

Australia, Domestic arbitration, UNCITRAL Model Law

, / /1 Comment

A little over a decade has passed since the introduction of the Model Law on International Commercial Arbitration in Australia as the framework for uniform domestic arbitration legislation. Before this, the various enactments of domestic legislation in the Australian states and territories had followed English Acts. For example, the New South Wales 1902 Arbitration Act…

Administrative Contracts, Bolivia, Chile, ISDS, Latin America

, (Dentons Larraín Rencoret) and , (Dentons Guevara & Gutiérrez S.C.)/ /1 Comment

After the October 2021’s plebiscite, Chile began the process of drafting a new constitution, which was entrusted to a “Convención Constituyente“. After a year of work, on July 4, 2022, the final proposal was delivered to the President of the Republic.  The proposed constitution will be submitted to a ratifying plebiscite in September of this…

Jura Novit Curia

(McNair International )/ /1 Comment

For a judge to know the law may seem as obviously desirable as for a cook to know something of food. What goes for judges ought here to go for arbitrators. After all, overwhelmingly, parties choose lawyers as arbitrators in preference to industry or financial experts, for example. Yet say it in Latin and you…

Arbitration Act, Arbitrator Challenges, Arbitrator Selection, Brazil, Brazilian Arbitration Act, Conflicts of interest, Debate, Disclosure, double hatting, Independence and Impartiality, judicial reform, regulation

(FCDG - Ferro, Castro Neves, Daltro & Gomide Advogados) and (University of Cambridge)/ /1 Comment

The 1996 Brazilian Arbitration Act (the “BAA”), which subjects domestic and international arbitrations to the same set of rules, has been modified only once through the 2015 amendment (the “2015 Amendment”). On July 6, 2022, Brazilian party leaders signed a Motion of Urgency to bypass the standard legislative process – which usually comprises public consultations…

ITA Arbitration Report

(Notre Dame Law School), (Stockholm University), and / /Leave a comment

The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your free subscription to the ITA…

Central Asia, Challenge of Arbitral Award, Court Assistance, Interim measures, Recognition and enforcement of arbitral award, Suspension of Proceedings, Termination, Uzbekistan

(PraeLegal Uzbekistan)/ /Leave a comment

Uzbekistan has updated certain legislative acts in connection with the recent adoption of the Law “On International Commercial Arbitration” (No. O’RQ-674) in 2021 (as previously covered in this blog). On May 16, 2022, the President of Uzbekistan signed a new law “On amendments and additions to certain legislative acts of the Republic of Uzbekistan in…

Code of Conduct, double-hatting, Investor-State arbitration, investor-State arbitration and mediation, Investor-state tribunals, ISDS, ISDS Reform, Reform, UNCITRAL, UNCITRAL WG3 Series

(Australian National University) and / /1 Comment

In 2017, the United Nations Commission on International Trade Law (UNCITRAL) initiated a consultative process to consider procedural reform options for investor-State dispute settlement (ISDS). Kluwer Arbitration Blog ran a series on UNCITRAL’s reform work in 2020, highlighting several subjects under consideration by Working Group III (WGIII). To get first-hand insights into the current status…

Achmea, Energy Charter Treaty, EU Law, Intra-EU ISDS

(Queens' College, University of Cambridge) and (University of Glasgow and Matrix Chambers London)/ /2 Comments

News of the award in Green Power and Obton v Spain is sinking in. Initial responses indicate that this is no ordinary decision – but rather a ‘major earthquake’, a ‘landmark decision’ and ‘one for the history books’. It may well be: on 16 June 2022, an SCC arbitral tribunal seated in Stockholm declined jurisdiction…

Annulment, Arbitration, Brazil, Brazilian Arbitration Act, Set aside an arbitral award

(BMA - Barbosa, Müssnich & Aragão Advogados)/ /1 Comment

As most arbitration laws, the Brazilian Arbitration Act (Law n. 9307/1996; “BAL”) establishes a short deadline for any interested party to seek annulment of an arbitral award in court. The interested party has a 90-day period as from (i) notice of the partial or final arbitral award or (ii) the decision on a motion for clarification…

ITA Arbitration Report

(Notre Dame Law School), (Stockholm University), and / /Leave a comment

The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your free subscription to the ITA…

IBA, Investment Arbitration, Prague Rules, Transparency, Transparency in investment arbitrations

, , / /Leave a comment

International arbitration has been regarded as a flexible and efficient dispute resolution mechanism. While this may hold true for most phases of the arbitration, document production (i.e., the phase where a party requests the other party to produce documents that are in the other party’s possession and are relevant to the dispute and material to…

Confidentiality, England, English Arbitration Act

(WilmerHale & Queen Mary University of London), , and (NYU School of Law)/ /1 Comment

In November 2021, the Law Commission of the United Kingdom announced its review of the English Arbitration Act 1996. Among the critical issues of the reform is the debate on whether to codify the existing principle of implied confidentiality of arbitration proceedings under English law. While the principle of implied confidentiality is largely settled in…

Costa Rica, Fair and Equitable Treatment, ICSID Arbitration, Investment Arbitration, Latin America

(CICA-AmCham)/ /Leave a comment

On 29 June 2022, an ICSID Tribunal composed of Alexis Mourre, Luis González García and Adolfo Jiménez issued its Final Award in the case brought by Alejandro Diego Díaz Gaspar, a Spanish national, against Costa Rica. The majority of the Tribunal ultimately found minor breaches of the underlying Costa Rica-Spain Bilateral Investment Treaty (the “Treaty”)…

European Law, Russia, Sanctions

, (AZHA Avocats)/ /Leave a comment

On 21 July 2022, the European Council adopted Decision (CFSP) 2022/1271 amending Decision 2014/512/CFSP and Council Regulation (EU) 2022/1269 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine. One of the amendments introduced by the European Council appears to have assuaged the concerns of arbitral institutions…

Anti-arbitration, Anti-arbitration Injunction, Immunity, Latin America, Venezuela

(Twenty Essex)/ /Leave a comment

Can a court restrain a State from pursuing civil proceedings in a foreign jurisdiction? This was the question before the English High Court in UK P&I Club N.V. and United Kingdom Mutual Steam Ship Assurance Association Ltd v República Bolivariana de Venezuela RCGS “Resolute” [2022] EWHC 1655 (Comm). UK P&I Club N.V. (the “English Club”)…

ITA Arbitration Report

(Notre Dame Law School), (Stockholm University), and / /Leave a comment

The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your free subscription to the ITA…