Multilateral Investment Court, Multilateral Investment Treaties, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series

, (Clifford Chance)/ /Leave a comment

Among the items on the agenda of the 43rd session of UNCITRAL Working Group III (“WGIII“) was the multilateral instrument on investment reform (the “MIIR“). This instrument is being developed as a mode for delivering the reforms to ISDS that are agreed upon by WGIII. Although the Secretariat was instructed to do further work on…

International Law Weekend, Investment Arbitration, Investment Disputes, ISDS Reform, Regime Interaction, Regime Interaction in Investment Arbitration, VCLT

(Dentons US LLP), (Dechert), and (Dentons)/ /Leave a comment

International Law Weekend (“ILW”), held at Fordham Law School in New York City between October 20-22, 2022, celebrated the centennial anniversary of the American Branch of the International Law Association with a program entitled “The Next 100 Years of International Law.”  It brought together a wide variety of engaging panels and events to explore current…

Domain Names, Financial Industry, Financial Services Arbitration, International Law Weekend, Technology, technology industry

(Dentons US LLP), (Dechert), and (Dentons US)/ /Leave a comment

The 100th Annual Meeting of the American Branch of the International Law Association (“ABILA”), known as ABILA’s International Law Weekend (“ILW”), took place in New York City on October 20-22, 2022 and featured more than 30 panels relevant to the theme “The Next 100 Years of International Law.”  One recurring theme was the role of…

CETA

(The Chinese University of Hong Kong)/ /1 Comment

Recently, the European Commission (EC) and the German Federal Government jointly released a draft decision on clarifications to certain provisions in the Investment Chapter (Chapter 8) of the Comprehensive Economic and Trade Agreement (CETA). More specifically, they have agreed upon (1) a more precise scope of circumstances that may give rise to violations of Article…

Arbitration Award, Emergency Arbitrator, Enforcement, Singapore

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On 7 October 2022, the High Court of the Republic of Singapore (“High Court”) delivered a landmark decision on the enforceability of foreign emergency arbitration awards in CVG v CVH. The High Court rejected the enforceability of the emergency award on the ground of procedural irregularity, reinforcing the importance of due process even in cases where…

CIS, New York Convention, Turkmenistan

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On 17 April 2022, the president of Turkmenistan signed a law on accession of Turkmenistan to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or “Convention”). The Government of Turkmenistan deposited the instrument of accession with the Secretary-General of the United Nations on 4 May 2022. In…

COVID-19, Interim Award, Interim measures, New York Arbitration Week, Public Policy

, , (Debevoise & Plimpton LLP)/ /Leave a comment

One of the highlights of New York Arbitration Week 2022 was “Choosing Wisely: The Challenge of Interim Measures in International Arbitration”—a panel jointly hosted by New York International Arbitration Center (NYIAC) and the Chartered Institute of Arbitrators, New York (CIArb-NY) on November 16, 2022.  Departing from the traditional format, the session featured two mock interim…

Code of Conduct, conflict of interest, Disclosure, ICC Arbitration, ICDR, ICSID, New York Arbitration Week

(Willkie Farr & Gallagher)/ /Leave a comment

The 2022 New York Arbitration Week opened on 14 November 2022 with the Joint Colloquium co-organized by AAA-ICDR, ICC, and ICSID.  The Colloquium tipped its hat to the Week’s overarching theme “who is in charge?”  That is, why and how the objectives and expectations of various parties involved in international arbitration — such as clients,…

ICSID, International Investment Arbitration, Recognition and enforcement of arbitral award, Ukraine

(Genesis) and (Sayenko Kharenko)/ /1 Comment

Despite the ongoing Russian full-scale invasion of Ukraine and constant terror, Ukrainian courts continue to function and deliver justice. Recently, the Supreme Court has adopted a landmark judgment regarding the enforcement of ICSID awards in Ukraine, which is set to change judicial practice going forward. Our colleagues previously highlighted the deficiencies of the Ukrainian court…

International Investment Law, International Law, International tribunals, Interpretation, Investment agreements, Investment Arbitration, Investment Disputes, VCLT, VCLT Jubilee

, (Permanent Court of Arbitration)/ /Leave a comment

In the last two decades, the Permanent Court of Arbitration’s (PCA) overall docket has seen a rapid growth in mixed arbitrations between States and private parties. Today, over 180 arbitrations are currently pending before PCA tribunals, of which more than 100 are investor-State disputes brought under bilateral and multilateral investment treaties and national investment laws….

Chinese Arbitration Association, Environment, ESG, Taipei, Taiwan, Technology

(The Arbitration Chambers and Bond University) and (Hanotiau & van den Berg)/ /Leave a comment

The Chinese Arbitration Association, Taipei and Asian Center for WTO & International Health Law and Policy co-hosted the annual Taipei International Conference on Arbitration and Mediation during the Taiwan Arbitration Week on 5 October 2022. With onsite and online moderators and speakers, three sessions of the Conference explored how the pandemic, digital economy and ESG…

ADR, Chinese Arbitration Association, Taipei, Taiwan, Technology

(Allen & Overy) and (The Arbitration Chambers and Bond University)/ /Leave a comment

The Chinese Arbitration Association, Taipei and Asian Center for WTO & International Health Law and Policy co-hosted this year’s Taipei International Conference on Arbitration and Mediation during the Taiwan Arbitration Week on 5 October 2022. With onsite and online moderators and speakers, three sessions of the Conference explored how the pandemic, digital economy and ESG…

Berlin Dispute Resolution Days, Energy

(CMS Hasche Sigle) and (Wagner Arbitration)/ /Leave a comment

The DIS 2022 Autumn Conference took place on 15 September 2022, following the traditional Gala Dinner at the spectacular Palace Charlottenburg the evening before. The Autumn Conference is one of two of the DIS’ main annual conferences, traditionally held in English gathering arbitration practitioners from all over the world to exchange ideas and initiate thought-provoking…

Berlin Dispute Resolution Days, DIS, ESG, Human Rights

(Gantenberg Dispute Experts) and (Herbert Smith Freehills LLP)/ /Leave a comment

On 14 September 2022, the DIS40 Autumn Conference was held in Berlin, Germany, as part of the first edition of Berlin Dispute Resolution Days – a near week-long series of conferences and events focused on dispute resolution. It also coincided with the 20th anniversary of the DIS40, making it a rather special gathering for dispute resolution practitioners…

Intellectual Property, Intellectual Property Rights, Patents, WIPO

, (Labgold Law)/ /Leave a comment

As noted in GAR’s Guide to IP Arbitration, “one of the noticeable trends in international arbitration in the past several years has been the growing use of arbitration to resolve IP-related disputes.”  The World Intellectual Property Organization (“WIPO”) Arbitration and Mediation Center reports that its filings (arbitration, mediation and expert determination) increased by over 15%…

Advocacy, Moot Courts, Witness

(Leipzig University) and (SCC Arbitration Institute)/ /Leave a comment

The trial of Socrates In 399 BC, the philosopher Socrates was tried on the charges of asebeia, or impiety, and of corrupting the youth of Athens. The trial is famous for, inter alia, Socrates’ elenchus, or cross-examination, of his accuser, Meletus. While Socrates’ cross-examination was doubtless an impressive sight, he ultimately failed to successfully advocate…

ADR, Court Assistance, Courts, Development, Pakistan

(Samdani & Qureshi), , and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

“International Conference: Expeditious Dispensation of Justice – ADR The Way Forward” was held on 1 and 2 September, 2022 at Serena Hotel, Islamabad, Pakistan and in the Islamabad High Court respectively. The conference was dedicated to exploring the ways in which alternative dispute resolution (ADR) and arbitration can support the progressive development of the legal…

Energy Charter Treaty, Enforcement

(NL-Investmentconsulting)/ /1 Comment

Amidst the turmoil surrounding the Energy Charter Treaty (ECT) and the announced withdrawal by Poland, Spain, the Netherlands, France, Slovenia and Luxembourg, the very first edition of the Report on compliance with investment treaty awards by States has been published by the present author. Whereas the discussion usually focuses on whether international investment agreements (IIAs)…

IBA, Small claims

, (WilmerHale), (Chaffetz Lindsey), and (ArbBoutique & Queen Mary University of London)/ /Leave a comment

The International Bar Association (“IBA”) Subcommittee on Investment Treaty Arbitration has recently finalized its report titled “Arbitrating Small Value Claims in Investment Arbitration” co-signed by the current co-chairs (Caline Mouawad, Maxi Scherer) and former co-chairs (Noiana Marigo, Patrick Pearsall) (“Report”). The Report was also presented at the 2022 Annual Meeting of the IBA that recently…

Dispute Settlement, Energy, Mexico

(Texas A&M University School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

A North American energy trade war may be on the horizon. President Andres Manuel Lopez Obrador (AMLO) is backstepping the opening of Mexican energy markets by halting the issuance of permits, providing competitive advantages to state-owned enterprises, and attacking independent regulators. The re-centralization of the energy sector is being done in the name of Mexico’s…

Yearbook Commercial Arbitration

(General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/ /Leave a comment

Subscribers to KluwerArbitration enjoy access to the ICCA Yearbook Commercial Arbitration. A new upload of materials from the 2022 volume of the Yearbook Commercial Arbitration is now available on the KluwerArbitration database. It contains six unpublished awards rendered under the auspices of the International Chamber of Commerce. The arbitrators dealt with a broad range of…

Australia, Bias, Canada, Independence and Impartiality, India

, (Boies Schiller Flexner LLP)/ /1 Comment

Over the last few years, arbitrator independence and impartiality have been under heightened scrutiny by courts and tribunals. This is not unexpected. The importance of the rule against bias is best explained by Lord Denning’s dictum in Metropolitan Properties Co (FGC) Ltd v Lannon [1969] 1 QB 577 where he held that “[j]ustice must be…

Canada, CanArb Week, ICC, ICC Arbitration

(Dentons), (Teynier Pic), and (Mitsubishi Heavy Industries)/ /Leave a comment

On the third and final day of CanArb Week 2022, the ICC Canada Arbitration Committee held its annual conference titled The New World. The conference sessions were bookended by opening and closing remarks by Professor Janet Walker (Chair, ICC Canada, Atkin Chambers, Full Professor, Osgoode Hall Law School) and Myriam Seers (Vice-Chair, ICC Canada, Partner,…

Arbitrator Bias, Canada, CanArb Week, Jurisdiction, Non-signatory, Stay of Proceedings

(Woods LLP)/ /Leave a comment

The third edition of CanArb Week took place in Montréal from October 19 to 21, 2022. Speakers from all walks of arbitration life (academics, arbitrators, counsel, experts, leaders of arbitral institutions, and third party funders), as well as justices of the Supreme Court of Canada, gathered in the “Paris of North America”, to the delight of…