Case Management, China, Enforcement, HK Arbitration Week, HKIAC, Hong Kong, Interim measures, International Commercial Courts, Interviews with Our Editors

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This August, Dr. Mariel Dimsey assumed the position of HKIAC Secretary-General, succeeding Ms. Sarah Grimmer, who served in the position for six years. Mariel brings with her extensive, 15-years’ experience as counsel and arbitrator in international arbitration, spanning various jurisdictions and legal traditions. Mariel takes the helm during an exciting period at HKIAC and for…

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:   Rekha Rangachari, Fatima Aslam, Kabir Duggal & Adeel Wahid, It Is Not a BIT Race, It Is a BIT Marathon: Comparing Pakistan’s and India’s Evolving Approach to Investment Policy India and Pakistan initiated…

Korea, Punitive Damages, Recognition and enforcement of arbitral award

, (Barun Law LLC) and (Peter & Kim)/ /Leave a comment

Introduction Until recently, there was no definitive Korean court decision on whether a foreign award that includes an award of exemplary (or punitive) damages should be recognized and enforced (1) in its entirety or (2) only partially (i.e. without the award of exemplary damages).1)Wonsik Yoon, Rieu Kim and Hyukjun Jung, “Recognition and Enforcement of the…

Corruption, France, French Supreme Court

(Humboldt-Universität zu Berlin)/ /Leave a comment

In a decision dated 7 September 2022, the French Supreme Court confirmed the Sorelec decision issued by the Paris Court of Appeal in 2020. For the first time, France’s highest civil court has directly approved a shift in the jurisprudence of the Paris Court of Appeal that might have important implications for France as a…

BIT, International arbitration, Investment Arbitration, Uncategorized

(AnchayilKumar) and (JSA, Advocates & Solicitors)/ /2 Comments

India’s Parliamentary Committee on External Affairs (the “PCEA”) recently submitted two reports to the Parliament relating to bilateral investment treaties (“BITs”). The first report –submitted in December 2021 – contained a broad review of India’s engagement with BITs and made several recommendations. The second report – submitted in July 2022 – took note of the…

Brazil, CBAr 21st, Corporate disputes, International Arbitration Procedures, Latin America, South America

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In line with current discussions in Brazil’s arbitration community, especially in the context of Brazilian party leaders’ initiative to call for a vote on a controversial bill to amend the Brazilian Arbitration Act (“BAA“) on an urgent basis (previously covered here), one of the panels focused on the controversy of whether information regarding corporate arbitral proceedings…

Brazil, CBAr 21st, Latin America, M&A

(King & Spalding )/ /Leave a comment

In line with its overarching theme of “Arbitration, Corporate Law & ESG”, on September 29, 2022 the CBAr’s 21st International Arbitration Conference hosted a panel on disputes arising under M&A contracts. Julian Chediak moderated a prolific, technical, and practical discussion with Gabriel Buschinelli, Rodrigo Octávio Broglia Mendes and Jennifer Permesly regarding various aspects of M&A…

Brazil, CBAr 21st, Climate change, Corporate, Corporate disputes, Environment, ESG, International environmental disputes, Latin America, South America

(Barbosa, Müssnich & Aragão Advogados – BMA)/ /Leave a comment

From 28 to 30 September 2022, the Brazilian Arbitration Committee – CBAr held its 21st International Arbitration Conference (“21st CBAr IAC” or “Conference”) in Rio de Janeiro. Considering the rising number of arbitration proceedings related to corporate disputes, the subject of this year’s Conference was “Arbitration and Corporate Law”. The 21st CBAr IAC was a…

Climate change, ECT Modernisation, Energy Charter Treaty, EU Law, International arbitration

(Columbia Center on Sustainable Investment)/ /Leave a comment

Seeing the Agreement in Principle on Energy Charter Treaty (ECT) “modernization” and its leaked full text, the “modernization” misnomer can safely be abandoned. The renegotiated ECT does not rise to the mounting global challenges regarding energy investment, climate action, and sustainable development. The ECT reform process missed the mark in nature, scope, ambition, and speed…

Arbitration – The International Journal of Arbitration

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London), (Queen Mary University of London), (Chartered Institute of Arbitrators), and (Three Crowns)/ /Leave a comment

In this issue, Professor Doug Jones and Robert Turnbull examine, and indeed question, the efficiency of the current practice of witness statements. As they explain, witness statements have become a ‘vehicle for the making of legal submissions’ commending, and at times speculating, on every matter which is implicated in a dispute, including third parties’ conduct….

ECT Modernisation, Energy Charter Treaty

(Matrix Chambers)/ /Leave a comment

On 13 September 2022, the long-awaited text of the modernised Energy Charter Treaty (ECT) was published. Still subject to final agreement, this is the text that reflects the Agreement in Principle reached by the parties to the Treaty in June this year after more than three years and 15 rounds of negotiations. Modernisation has several…

AIAC, Appeal, Costs, Domestic arbitration, Malaysia, Set aside an arbitral award

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Asian International Arbitration Centre (AIAC)

Introduction The second day of the Asia ADR Week 2022 kicked off with a panel discussion on Rechartering a Modern Legislative Framework with Mr Abang Iwawan (Abang & Co.) as moderator. Mr Iwawan was joined by Ms Karen Ng Gek Suan (Karen, Mak & Partners), Mr Rajendra Navaratnam (Azman Davidson & Co.), Mr Foo Joon…

International Humanitarian Law, International Investment Arbitration, International Investment Law, Vienna Convention on the Law of Treaties

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Asian International Arbitration Centre (AIAC)

On Thursday, 6th October 2022, the Asian International Arbitration Centre (“AIAC”) kickstarted its first-ever hybrid Asia ADR Week conference, themed Compassus: The Odyssean Course to the Modern ADR with a session titled Here Comes Sparta – The Impact of Armed Conflicts on International Arbitrations. The insightful discussion was moderated by Dr Ana Maria Daza-Clark (University…

Achmea, Enforcement, European Convention on Human Rights, European Court of Human Rights

(Twenty Essex) and (Fietta LLP)/ /1 Comment

On 30 June 2022, the European Court of Human Rights (“ECtHR” or “the Court”) delivered its judgment in BTS Holding, a.s. v. Slovakia (“BTS”), a case concerning the non-enforcement in Slovakia of a Paris-seated ICC commercial arbitration award.  Although there is nothing particularly ground-breaking in the Court’s key findings, the judgment has caught the attention…

ADR, ALARB, Climate change, Dispute Resolution, Dispute Settlement, Environment, International environmental disputes, Uncategorized

(Independent Practitioner based in Bogota, Colombia)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

This contribution comments on growing global trends in climate change and the important role arbitration can play in the settlement of this type of dispute, specifically in the future dispute resolution landscape in Latin America. In June 2022, the Center for Climate Change Economics and Policy (CCCEP) and the Grantham Research Institute on Climate Change…

Arbitration Institutions and Rules, LCAM, London

(Osborne Clarke)/ /Leave a comment

The London Chamber of Commerce and Industry (LCCI), a networking and business support organisation that caters to the London business community, launched the London Chamber of Arbitration and Mediation (LCAM) in May 2020. I wrote at the time a post exploring the LCAM’s inaugural Arbitration Rules and examining some aspects of the LCAM as an institution. The last two…

ICC, ICC Arbitration

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The theme of this year’s sold out 17th ICC New York Conference on International Arbitration was “Building Resilience”, and resilience was on full display as the North America arbitration community arrived at the offices of conference host Hogan Lovells on Madison Avenue, the first fully in-person ICC New York conference since the pandemic. Oliver “Ollie”…

ICC, ICC Arbitration

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This post continues the coverage of the 17th ICC New York Conference on International Arbitration that is available in Part 1.   Reimagining Supply Chain Agreements and Dispute Resolution Practices to Better Manage Uncertainty With supply chain disruptions aplenty (think Russia–Ukraine conflict, Suez Canal blockage, record inflation and raw material shortages, let alone the COVID-19…

Sanctions, United States

(McGill University Faculty of Law)/ /Leave a comment

Designed by the United States (“U.S.”) government to enhance the success of its primary sanctions programs, secondary sanctions are intended to prevent, on a global basis, third parties from trading with countries that are subject to sanctions. In a dispute involving the transfer of U.S. dollars between two non-U.S. persons located outside U.S. jurisdiction, these U.S. secondary…

Investment Arbitration, Jurisdictional challenge, Latin America, Peru, Waiver

, (Bullard Falla Ezcurra +)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

On August 5, 2022, the Tribunal hearing the Bacilio Amorrortu v. The Republic of Peru case issued its Partial Award on Jurisdiction, upholding the State’s objection that Mr. Amorrortu did not provide a valid waiver as required by the “No U-Turn Clause” established in article 10.18.2 of the United States – Peru Trade Promotion Agreement…

Colombia, Constitutional proceeding, Corporate disputes, Diversity, Latin America

(National Legal Defense Agency of the State of Colombia)/ /Leave a comment

The first Colombian Arbitration Week was launched last week in Bogotá. The closing event comprised a panel discussing new challenges and perspectives of arbitration in Colombia. The discussion was moderated by Anne Mürrle (Partner, Mürrle Asesores) with the following panelists Cristina Mejía (Partner, Baker McKenzie), José Miguel Mendoza (Partner, DLA Piper), David Araque (Partner, Gómez…

Colombia, Constitutional proceeding, Latin America, political reform, regulation

(Constitutional Court of Colombia)/ /Leave a comment

In the first edition of the Colombian Arbitration Week, the first panel discussed international arbitration in the context of the changing political situation in Latin America. This panel addressed, among other issues, the constitutionalization of arbitration and the impact of new governments in the region on arbitration matters.   Constitutionalization of arbitration and the existence…

Arbitrary and Discriminatory, Bolivia, Expropriation, Fair and Equitable Treatment, Latin America

(Wayar & von Borries Abogados)/ /Leave a comment

Since 2006, the Bolivian State adopted a policy of “recovery” of resources and entities that were considered as ‘strategic’ by the State.  Multiple investment arbitration proceedings against Bolivia were initiated as a consequence of the expropriation measures derived from the execution of this policy. To this date, the main claim in each of these cases…

Artificial Intelligence, Blockchain, Metaverse, Technology

, (ArbTech) and (CMAP - Médiation et Arbitrage)/ /Leave a comment

On the morning of Friday 16 September 2022, to the sound of the Star Wars theme, the first edition of the Future of Technology in Arbitration 2022 conference, a.k.a. FOTA22, officially began. Delving into many interesting topics, the organizers ensured plenty of opportunities for the participants to have an active say in what was being…