Achmea, CJEU, Germany, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS

, (Nishimura & Asahi)/ /Leave a comment

On 1 September 2022, the Higher Regional Court of Cologne (“HRC Cologne”) issued two much-awaited decisions granting the Netherlands’ requests (see our report here) to have the German claimants’, RWE and Uniper, ECT-based ICSID arbitrations declared inadmissible pursuant to section 1032(2) of the German Code of Civil Procedure (“ZPO”) due to their intra-EU nature. As we reported,…

Arbitral Award, CAM-CCBC Arbitration Congress IX Edition, Latin America, Publication of Arbitral Awards

(Rodrigo Mendes Advogados)/ /Leave a comment

Between 17-23 October 2022, the São Paulo Arbitration Week (“SPAW”) was held with multiple events in different parts of the biggest city of Latin America. The SPAW is a collaborative event, organized by Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), and is conceived as a calendar for law firms, universities,…

Brazilian Arbitration Act, CAM-CCBC Arbitration Congress IX Edition, Corporate, Corporate disputes, Latin America

(Manesco, Ramires, Perez, Azevedo Marques Sociedade de Advogados)/ /Leave a comment

The IXth Edition of the CAM-CCBC Arbitration Congress took place on 17 – 18 October 2022, in São Paulo, Brazil. The congress brought together practitioners to discuss “the today and the tomorrow” of the arbitration market. After two years of pandemic, the convention provided a unique forum to debate a wide range of topics, including…

Appointment of arbitrators, Arbitrator Challenges, Brazil, CAM-CCBC Arbitration Congress IX Edition, Latin America

(Barbosa, Müssnich & Aragão Advogados – BMA) and (The CAM-CCBC)/ /Leave a comment

On 17 and 18 October 2022, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its IXth Arbitration Congress (“IX CAM-CCBC Congress” or “Congress”) in São Paulo. The Congress is the opening event of what became the Sao Paulo Arbitration Week (“SPAW”): a collaborative calendar for law firms, universities, associations, and…

Russia, Sanctions

, (AZHA Avocats)/ /Leave a comment

Over the past few weeks, Russia has announced a “partial mobilisation,” has illegally annexed the Donetsk, Luhansk, Zaporizhzhia and Kherson regions of Ukraine, and has repeatedly threatened to use weapons of mass destruction, thereby ruthlessly escalating its war of aggression against Ukraine. In response, the EU has imposed its eighth package of sanctions against Russia…

arbitration rules, Europe, Institutional Arbitration, Interviews with Our Editors, Serbia

(Brunel University London)/ /Leave a comment

Professor Vladimir Pavić is one of the leading scholars and practitioners in the area of international arbitration in Southeast Europe (SEE). He is Full Professor at the University of Belgrade, Faculty of Law where he teaches an array of courses, including among others, Arbitration Law, Competition Law, and Private International Law. He holds an SJD…

Environment, Investment protection, ITA-ALARB, Latin America, Legitimate Expectations

(Quinn Emanuel Urquhart & Sullivan)/ /Leave a comment

This year’s ITA-ALARB Americas Workshop took place in early September and focused on the intersection between domestic environmental protections and international investment law. The workshop was co-chaired by Gabriela Álvarez Ávila (Partner, DLA Piper) and Miguel López Forastier (Partner, Covington & Burling). The aim of the workshop was to address, from the perspective of states…

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…

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 Technology. The Assistant Editor reports directly to the coordinating Associate Editor and is expected to (1) collect, edit and review guest submissions on technology-related issues for posting on the Blog, while actively being involved in the…

Admissibility, Arbitration Award, Hong Kong, Jurisdiction, Jurisdiction of the arbitral tribunal

(University of Hong Kong)/ /Leave a comment
ArbitralWomen

The differences between admissibility and jurisdiction in arbitration have been recognized in various jurisdictions, such as the UK, US and Singapore, and they have been covered extensively in academic scholarship. This post will discuss the distinctions drawn between admissibility and jurisdiction by the Court of Appeal in Hong Kong in C v D.1)[2022] HKCA 729;…

Armed Conflict, Border Dispute, Careers in Arbitration, Compensation for Moral Damages, Economic Sanctions, Korea, Ukraine

, (Yonsei Law School)/ /Leave a comment

The Third Annual Yonsei Arbitration Day (YAD) was held virtually on 26 August 2022. With the war raging in Ukraine, “War and Arbitration” was the event’s main topic, and the keynote speaker and headline session dealt with the present and future of international arbitration regarding armed conflicts. More than 140 participants from at least 24…

Environment, ESG, HK Arbitration Week, Investment Arbitration

, (K&L Gates)/ /Leave a comment

On the third day of Hong Kong Arbitration Week 2022, HKIAC hosted a panel as part of the ADR in Asia Conference entitled “Beyond Mere Greenwashing? The Impact of ESG on International Arbitration”. This panel brought together a group of specialists who discussed what environmental, social, and governance (“ESG”) is, how it impacts dispute resolution,…

Bankruptcy, Bermuda, BVI, Cayman Islands, China, Claims Trading, Enforcement, HK Arbitration Week, Hong Kong, Insolvency, Singapore

(Allen & Overy) and (Allen & Overy LLP)/ /Leave a comment
HK45

Allen & Overy’s webinar on the second day of Hong Kong Arbitration Week 2022 brought together six practitioners from the fields of arbitration, insolvency and enforcement to discuss the key practical and strategic considerations when acting for and against parties in financial distress. Guided through a hypothetical case study involving jurisdictions such as Hong Kong,…

China, Data Protection, GDPR, HK Arbitration Week

(Morrison & Foerster (Singapore) LLP) and (Morrison & Foerster LLP)/ /Leave a comment

On the first day of Hong Kong Arbitration Week 2022, Morrison & Foerster hosted a hybrid panel on “Implications of PRC’s Evolving Data Protection Laws on Disclosure and Participation of PRC Parties in International Arbitration.” The panel introduced the latest developments in the data protection legal regime of the People’s Republic of China (“PRC”) and…

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

/ /Leave a comment

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

, (Fialho Salles Advogados)/ /Leave a comment

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….