New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Arab Emirates

(Al Owais Advocates & Legal Consultants)/ /Leave a comment

The United Arab Emirates (“UAE”) adhered to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention (“New York Convention”) in 2006. Joining the New York Convention was done through Federal Decree No. 43 of  2006. This post examines how the New York Convention has been implemented…

2021 in Review, Australia, New Zealand, Pacific Islands

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Last year saw positive movements in Australia, New Zealand and the Pacific Islands to better promote the use of arbitration in the region. Arbitral institution rules were modernised and domestic legal frameworks were introduced all to stimulate arbitration activity. The year also saw a sharp focus on the benefits of empirical studies to understand how…

ECT Modernisation, Energy Charter Treaty, EU Law, EU Permanent Court, Regime Interaction, Regime Interaction in Investment Arbitration

(NL-Investmentconsulting)/ /Leave a comment

Once upon a time, not so long ago, the two legal orders of on the one hand, international investment law (i.e., International Investment Agreements (IIAs) and investor-State arbitration provisions (ISDS)), and on the other hand, EU law, were peacefully co-existing next to each other with only occasional contact. Indeed, it was the time when the…

Arbitration Awards, International arbitration, Interpretation, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration, Treaty Interpretation, VCLT

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

In 2011, in an article titled ‘W(h)ither Fragmentation? On the Literature and Sociology of International Investment Law’, Professor Stephan Schill reflected on the prior decade of scholarly and practical developments in international investment law (IIL). He referred to the boom in specialised scholarship and the more than 400 investor-State disputes then in existence as reasons…

Arbitration Institutions and Rules, Human Rights, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration

(Columbia Law School) and (Georgetown Law)/ /1 Comment

Globalization has diversified the actors, institutions, norms, and instruments on the international legal stage. With diversification comes increased specialization and, in turn, organization around so-called regimes. The notion that international legal regimes can exist autonomously has long been refuted; indeed, each regime draws from general international law to some degree. If regimes are not autonomous,…

Arbitration, BIT, Climate change, Environment, International arbitration, Investment Arbitration, Reform, Regime Interaction, Regime Interaction in Investment Arbitration

(Climate Change Counsel)/ /Leave a comment

Nearly 30 years have passed since world leaders signed the UN Framework Convention on Climate Change (“UNFCCC”), agreeing to combat “dangerous human interference with the climate system.” For many of those years, nobody seemed to take that commitment very seriously. But things look different now: climate law has hit its stride. At COP26 in November…

Arbitration Institutions and Rules, BIT, Counterclaims, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration

(Stockholm University) and (Durham Law School)/ /Leave a comment

This post deals with the conceptual underpinnings and theoretical justification for the practice of counterclaims in investment arbitration. First, it is important to delineate this post from an analysis of counterclaims case-law in investment arbitration, as ample accounts of the counterclaim debate in practice can be found here, here, and here.  Equally, this post does…

BIT, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration, Sustainability

(Durham Law School), , and (The Australian National University)/ /1 Comment

Debates about the fragmentation of international law and the sometimes conflicting relationship between a state’s and investor’s obligations under international investment law (“IIL”), on the one hand, and public international law and domestic law, on the other, have gained renewed relevance for investment arbitration. Issues related to the interactions between these regimes have featured in…

Arbitrator Intelligence, Arbitrator Selection

(Bocconi University) and (Association ARBITRI)/ /Leave a comment
Arbitrator Intelligence

In most cases, arbitrator selection follows a basic 3-step process: (1) Start with a Long List of Potential Arbitrators; (2) Pare it down to a Short List of Suitable Arbitrators; and then (3) Pick The Arbitrator to appoint. At first, research is very broad. Parties focus on fundamental elements of the case, such as applicable…

BIT, Economic Sanctions, ICSID Arbitration, Investment, Investment Arbitration, Venezuela

, (Zaiwalla & Co)/ /Leave a comment

Bilateral investment treaties depend upon international arbitration as the mechanism to resolve disputes between sovereign states and investors. Although offering obvious advantages over litigation before national courts, investors are not immune from the risk of proceedings becoming destabilized by external factors. A recent example involved Air Canada, the country’s flag carrier, and the Bolivarian Republic…

Arbitrator Bias, Arbitrator Challenges, arbitrators’ conduct, Brazil, Latin America, Transparency

(FGV Law SP - Law School of São Paulo) and (Independent Arbitrator)/ /Leave a comment

The Center for Studies and Research in Arbitration from the University of São Paulo (“CEPArb-USP”) has recently made public the findings of its pioneer empirical research on challenges of arbitrators in domestic proceedings in Brazil. The initiative analyzed data from challenges in proceedings administered by the Câmara de Mediação e Arbitragem Empresarial – Brasil (CAMARB)….

Arbitration institution, arbitration rules, Financial Agreements, Financial Industry, Financial Services Arbitration, P.R.I.M.E. Finance

(P.R.I.M.E. Finance)/ /Leave a comment

On 15 November 2021, P.R.I.M.E. Finance launched its revised P.R.I.M.E. Finance Arbitration Rules (the Rules). A launch event was held on 6 December at which Georges Affaki, Martin Doe of the Permanent Court of Arbitration (PCA) and Secretary-General of P.R.I.M.E. Finance Kasper Krzeminski gave an overview of the Rules. A recording is available here.  P.R.I.M.E….

Yearbook Commercial Arbitration

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

Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The final upload of materials for the 2021 volume of ICCA’s Yearbook Commercial Arbitration is now available on the KluwerArbitration website. The upload consists of a selection of six awards rendered under the rules of the International Chamber of Commerce (ICC), dealing with issues such as the…

Interim measures, Italy, Reform

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“Pedro, adelante, con juicio“: this Spanish exhortation comes from a famous Italian novel, “I Promessi Sposi” by Alessandro Manzoni. The Spanish governor of Milan gives these ambiguous instructions to his coachman Pedro, who is steering the carriage amidst a rioting mob: “forward, but be careful“. It became proverbial for describing an uneasy balance between action…

2021 in Review, ICSID Amendments, Investor-State arbitration, ISDS Reform, ITA, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series

and (The Australian National University)/ /Leave a comment

The year 2021 has been perhaps the most controversial year for investment arbitration. From the profound structural reform work with respect to the ICSID and UNCITRAL rules, through the complete ban and termination of intra-EU investment arbitration in the European Union, to the ECT modernization process, this year has been marked by change and reform…

Consistency, Exchange rate, Investment Arbitration, Latin America, quantum, Transfer of Funds Clauses

(Baker McKenzie)/ /Leave a comment

Inconsistent decisions have long been a major criticism in investment arbitration. This does not only pertain to decisions on procedure, jurisdiction or merits but also to quantum issues. This contribution will center around one unlikely connection that has the potential to enhance consistency and predictability in an area of quantification of damages in investment arbitration:…

Arbitration Tech Toolbox, Best practices, CIArb, Cybersecurity, Due process, IT, Technology

(Peter & Kim)/ /Leave a comment

The Chartered Institute of Arbitrators (“CIArb”) has just issued its fifteenth Guideline, the CIArb Framework Guideline on the Use of Technology in International Arbitration (“CIArb Technology Guideline” or “Guideline”).  To enhance our readers’ Arbitration Tech Toolbox, Kluwer Arbitration Blog has taken the opportunity to interview Dr. Gordon Blanke, who is one of the seven members…

Costs in arbitral proceedings, Ecuador, Investment Arbitration, Latin America, State defense

, (Carmigniani Pérez Abogados)/ /Leave a comment

On November 23, 2021, Ecuador’s Attorney General (“AG”), Iñigo Salvador Crespo announced the creation of a new institutional framework for handling disputes brought against the state and state entities with the vision of preventing and reducing litigation, particularly costly international arbitrations. The Institutional Strengthening of the Attorney General’s Office Project (“PROFIP” for its initials in…

Yearbook Commercial Arbitration

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

Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The present upload consists of 26 decisions applying the major arbitration Conventions and dealing with issues of general interest to the arbitration community. The following may be of particular interest to our readers. First, the upload includes three decisions of the European Court of…

Cybersecurity, Document Production, Evidence, Institutional Rules, TIAC, Uzbekistan

(Bryan Cave Leighton Paisner LLP), , and (Tashkent International Arbitration Centre)/ /Leave a comment

Since its establishment in 2018 by the Chamber of Commerce and Industry of Uzbekistan, the Tashkent International Arbitration Centre (the “TIAC”) has kept abreast the evolution of the global social and economic climate and modern international arbitration practices, and sought to modernize its administration of international arbitrations to meet current and future challenges faced by…

Shanghai, Shanghai International Arbitration Center

(Shanghai International Arbitration Center)/ /Leave a comment
Shanghai International Arbitration Center (SHIAC)

The 2021 Shanghai Arbitration Week (“SHAW”) kicked off on 8 November 2021, accompanying the grand event of the Shanghai International Arbitration Summit. Mr. Xiong Xuanguo, Vice Minister of the Justice Department of the PRC, Mr. Peng Chenlei, Vice Mayor of Shanghai Municipal People’s Government, Ms. Anna Joubin-Bret, Secretary-General of UNCITRAL, and Ms. Lucy Reed, President…

Brazil, foreign direct investment

(Lyon Catholic University) and (Bank of Northeast - Brazilian Regional Development Bank)/ /Leave a comment

Brazil is an interesting actor in the field of investment-related treaties. For example, Brazil has been a major player when it comes to foreign direct investment (“FDI”) outflows. This was not always the case. Brazilian outward foreign direct investment (“OFDI”) was minor throughout the 1990s. However, after economic and institutional reforms, Brazilian companies became increasingly internationalized,…

Procedural Error, Set aside an arbitral award, Set aside an international arbitral award, Sweden, Swedish Arbitration Act

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On 1 December 2021, the Svea Court of Appeal in Stockholm rejected Kibar Enerji Anonim Sirketi’s request to set aside an arbitral award in a dispute with Gazprom Export LLC over contract pricing of natural gas. Kibar alleged that the arbitral tribunal had exceeded its mandate and had also committed a procedural error when issuing…

Arbitral seat, Bulgaria, UNCITRAL Model Law

(Dimitrov, Petrov & Co.)/ /Leave a comment

Being a Member State of the EU and a party to the New York Convention (NYC), the Republic of Bulgaria is an attractive destination to locate the seat of your arbitration proceedings. This is especially so if you are seeking a neutral venue where costs for travel, accommodation and similar, would be significantly lower in…