This post continues the coverage of the 1st ICC Argentine Arbitration Day 2023 that is available in Part 1. Panel III – Debate on Economic Sanctions: A High Impact Phenomenon The third panel involved an absorbing discussion with respect to economic sanctions and its impact on arbitrators and arbitral institutions. This panel was moderated by…
Independence and impartiality of an arbitral tribunal has been fundamental to arbitration and was recently re-emphasized by major decisions in common law jurisdictions including by the UK (Halliburton v. Chubb) and Indian (Perkins Eastman v. HSCC) Supreme Courts. However, independence and impartiality in arbitration is not a common law question and is deeper seated and…
Since 2020 insolvency activity in Spain slowed down because of the moratorium declared by the Spanish government in the wake of Covid-19, under which the obligation to file for insolvency was suspended until 30 June 2022. Perhaps unsurprisingly, official statistics for the third quarter of 2022 showed a dramatic increase in the insolvency declarations within…
Giorgio Sassine is an Associate in the Los Angeles office of Musick, Peeler & Garrett, where he is a member of the International Arbitration and Litigation and Construction Practice Groups. He has extensive experience in complex, high-value international and domestic disputes. He is also an active member of the California arbitration community, serving as a…
On 15 March 2023, as part of California International Arbitration Week, California Arbitration and California Lawyers Association ADR Subcommittee organized an interactive event titled ‘Opportunities and New Trends in the US to Asia-Pacific Practice,’ hosted by King & Spalding. The session was moderated by Cedric Chao (Principal, Chao ADR, PC), and featured as speakers Gloria…
As part of the second annual California International Arbitration Week, KCAB and LimNexus hosted an expert panel on the arbitration of international patent disputes. This post presents some highlights from the panel. The panel was moderated by Steve Kim who currently serves as Secretary-General of KCAB International and included as speakers Conna Weiner (Arbitrator &…
The second annual California International Arbitration Week took place in Los Angeles from March 13 to 17, 2023 with a weeklong series of free in-person and hybrid programs focused on innovation in international arbitration and alternative dispute resolution in California. The Silicon Valley Arbitration & Mediation Center and White & Case jointly presented one of…
In preparation for the 42nd session of the UNCITRAL Working Group III (“Working Group”) in February 2022, the UNCITRAL Secretariat issued a note on “Standing Multilateral Mechanism: Selection and Appointment of ISDS Tribunal Members and Related Matters” (“Note”), dated December 8, 2021. The Note builds on several Working Group reports that addressed the selection and appointment…
On February 24, 2023, the Latvian Constitutional Court issued a long-awaited Judgement in case 2022-03-01 confirming that the current control mechanism over arbitration in Latvia is incomplete and unconstitutional. This means that the government will now be required to introduce a procedure for setting aside arbitral awards made by tribunals seated in Latvia. Background…
On 17 and 24 February 2023, speakers from various jurisdictions convened webinars to address ESG, climate change and EU-related issues. Jonathan Barnett (Nivalion AG) reports. Keynote Speech: The Expanding Universe of Climate Change Disputes: Annette Magnusson (Climate Change Counsel) Annette Magnusson delivered the keynote speech on “The Expanding Universe of Climate Change Disputes” to…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Jacob Grierson, Two Brief Comments on the Law Commission’s Proposed Reform of the Arbitration Act 1996 The Law Commission of England and Wales is currently reviewing the English Arbitration Act 1996 with a…
Every arbitration starts as a dispute that arises months or even years before the tribunal is constituted. Well in advance of filing a request for arbitration, or an answer to one, parties may begin taking steps to prepare, including by conducting a preliminary cost/benefit analysis, gathering and reviewing documents, interviewing witnesses, identifying and meeting with…
The OIC Investment Agreement (the “Agreement”), a multilateral instrument among certain members of the Organization of Islamic Cooperation, remains a potent tool for investment protection within the bloc. This post surveys developments concerning the Agreement since the authors’ last updates in late 2019 and 2020. In particular, the post provides an update on the ongoing…
In the past 20 years, alongside my legal practice, I have taught international investment law and arbitration (IILA) in a number of capacities and through various formats: as the author of a textbook (Rules and Practices of International Investment Law and Arbitration) and of a MOOC, in practice-oriented trainings for professionals, or in masters programs….
Corruption is a sensitive issue for international merchants. According to the Transparency International’s report “Exporting Corruption”, enforcement against foreign bribery has dropped to its lowest level since it first began measuring it in 2009, which is alarming and reinforces the need for attention in arbitral proceedings. In international sales contracts, one should consider the consequences…
The past year has seen a variety of exogenous impacts to global energy markets: from the sanctions flowing from Russia’s “special military operation” in Ukraine, to the supply chain aftershocks of the COVID Pandemic, to hiccups in the commercial and government policy implementations of the global Energy Transition. International arbitration too has seen its share…
On January 25, 2023 the Grand Chamber of the European Court of Human Rights (ECHR) issued the preliminary decision in the case Ukraine and The Netherlands v. Russia where it clearly stated that certain “areas [of Ukraine] were, from 11 May 2014 and subsequently, under the effective control of the Russian Federation” (para. 695). This…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor to the Managing Editor. The Assistant Editor reports directly to the Managing Editor and is expected to (1) collect, edit and review guest submissions from the designated region for posting on the Blog, while actively being…
Renewable energy is front-and-centre in the Japanese energy agenda. Japan is still heavily reliant on fossil fuels for its electricity generation needs with one-third of its carbon emissions coming from its 78 thermal power stations. The Japanese prime minister has pledged that Japan will be carbon neutral by 2050 leading to the Japanese Ministry of…
On January 13, 2023 the Sandra Day O’Connor College of Law at Arizona State University hosted the 5th annual Schiefelbein Global Dispute Resolution Conference. Like previous iterations of this conference, the innovative program featured top lawyers, internationally recognized mediators, academics, and leaders of arbitration institutions discussing timely issues in international dispute resolution. This year’s conference…
Whenever courts annul an arbitral award on the grounds of substantive public policy, there is typically an outcry. Especially amongst arbitrators. And even more when the court analyzes the merits of the award and holds that the arbitral panel incorrectly applied the law. This is exactly what the German Federal Court of Justice (Bundesgerichsthof, the…
The Swiss Very Young Arbitration Practitioners (“Swiss VYAP”), in collaboration with the Young Arbitral Women Practitioners (“YAWP”), held an interview series on career paths in international arbitration during the second half of 2022. Five interviewees, whose professional experience spanned the arbitration spectrum, shared their insight and knowledge in their respective arbitration environments. This blog post…
The Court of Justice of the European Union (CJEU) ruled in Komstroy (C-741/19, Sept, 2021) that the dispute resolution mechanism of the 1994 Energy Charter Treaty (ECT) does not apply in intra-EU investment disputes. The ruling was interpreted by some as the beginning of the end of intra-EU investment arbitration. A recent decision by the…
Given the protean nature of technology, it has the propensity to evolve in ways that may surprise even the keenest observers. As such, the time is ripe to take stock of developments in relation to the new technologies discussed in our earlier article from 2018, such as Big Data, blockchain, machine learning and text mining,…
