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…

Arbitration Tech Toolbox, Cybersecurity, Soft Law Instruments, Technology

and (Hui Zhong Law Firm)/ /Leave a comment

“Dear Arbitrator, This is your hacker. You do not know me, but I already know you quite well. I am silently waiting for my opportunity to simply click and collapse your notebook. I have nothing against you; it is simply that you are a keeper of gold: DATA. And not any type of data; it…

ADR, Artificial Intelligence, Cybersecurity, Data Protection, Diversity, Equal Treatment, Hybrid arbitration clause, ICC Arbitration, International Law Talk, Kluwer Podcast, Technology, technology industry

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode,…

Crypto, Cryptocurrency, Technology

(Shearman & Sterling LLP), (Pinsent Masons LLP), and (AlixPartners LLP)/ /Leave a comment

As the Crypto Winter’s chilling effect continues to be felt across the crypto sector, with crypto assets having declined in value by approximately US$ 2 trillion since their 2021 peak, international arbitrations over disputes related to crypto assets (“Crypto Arbitrations”) look set to multiply in 2022. This post provides an introduction to the types of…

Energy Charter Treaty, Poland

(Queritius)/ /Leave a comment

Poland surprised the world when on 25 August 2022 the Government submitted to the Polish Parliament a draft law authorizing the President of Poland to terminate the Energy Charter Treaty (ECT) and the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects. The idea of Poland terminating the ECT had not been floated in the…

Arbitration, Japan, JCAA, Mediation

(Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

The dispute resolution landscape in Japan is almost unrecognisable from the position 20 years ago.  In that time, Japan has evolved into a significant market for cross-border contentious legal matters.  Sophisticated Japanese corporations with significant overseas business are comfortable using international arbitration and mediation as methods of dispute resolution. 86% of the case load of…

Arbitrators, Hong Kong, ICCA, ICCA Edinburgh 2022, Investment Arbitration

(CMS) and (Law Society of Scotland)/ /2 Comments

After a gala evening at the National Museum of Scotland filled with Scottish gastronomy and ceilidh dancing, delegates returned to the conference centre for the last day of the ICCA Congress. Renaissance Arbitrator This panel asked: “what can lawyers and arbitrators learn from disciplines outside the law and arbitration?”. That question is particularly timely as…

Africa, Artificial Intelligence, Asia, Climate change, ICCA, ICCA Edinburgh 2022, Legitimacy, Reform, Technology, Working Group III, Young Arbitration

(CMS), (Law Society of Scotland), and (DWF LLP)/ /Leave a comment

The second day of the ICCA Congress took place on Tuesday, September 20. Delegates gathered in the morning for the presentation of the inaugural ICCA Guillermo Aguilar-Alvarez Memorial Prize, established in honour of former ICCA Governing Board Member Guillermo Aguilar-Alvarez. Professor Stefano Azzali said a few words on the life and career of Guillermo, fondly…

Artificial Intelligence, Costs in arbitral proceedings, COVID-19, Diversity, Due process, ICCA, ICCA Edinburgh 2022, sociology of international arbitration

(CMS), (Scottish Arbitration Centre), and (DWF LLP)/ /Leave a comment

The first full day of the ICCA Congress took place on Monday, September 19. Delegates gathered early in the morning for a keynote speech by Louise Arbour, former Canadian diplomat, Justice of the Supreme Court of Canada, High Commissioner for Refugees, Chief Prosecutor for the Yugoslavia and Rwanda Tribunals and current Senior Counsel at BLG….

ICCA, ICCA Edinburgh 2022, Scotland

(Scottish Arbitration Centre)/ /Leave a comment

After a long, pandemic-induced delay, the ICCA Congress in Edinburgh is now in full swing.  Six and a half long years after winning the bid to host the XXVth ICCA Congress, I had almost forgotten why we, the Scottish Arbitration Centre, had made the bid in the first place, but as the international arbitration community…

Diversity, ICCA, ICCA Edinburgh 2022, Scotland, sociology of international arbitration

(International Council for Commercial Arbitration)/ /Leave a comment

The 2022 ICCA Congress kicks off today in Edinburgh. Together with our Host Committee, the Scottish Arbitration Centre, and my Congress co-chair and immediate past ICCA President Gabrielle Kaufmann-Kohler, it is an honor to declare the XXVth ICCA Congress officially open! Arbitration’s Age of Enlightenment? The XXVth ICCA Congress has been seven years in the…

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 Investment Arbitration.  The Assistant Editor reports directly to the coordinating Associate Editor and is expected to (1) suggest, solicit, edit and review submissions related to investment arbitration for posting on the Blog, including by proactively identifying…

Courts, Domestic Courts, Interviews with Our Editors, National Courts, New York Convention, Pacific Islands, Tonga, UNCITRAL Model Law

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Lord Chief Justice Hon. Michael H. Whitten KC has been the Lord Chief Justice of the Kingdom of Tonga since 2 September 2019. After gaining early broad experience in various areas of law, Chief Justice Whitten was called to the Queensland Bar in 1990 before moving to Victoria where he practised for more than 20…

Civil Law, Common Law, Evidence, Hearsay, Illegally obtained evidence, Interpretation, Privilege

, (Rivero Mestre LLP), and (Columbia Law School)/ /2 Comments

As set out in our last blog post on evidentiary issues in international arbitrations, the treatment of evidence within the field of international arbitration is oftentimes inconsistent and even unpredictable from one arbitral tribunal to another, a divide which becomes even more pronounced when considering the different approaches that may be adopted due to a…

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…