In Lifestyle Equities CV v Hornby Street (MCR) Ltd [2022] EWCA Civ 51, the English Court of Appeal (or the “Court”) considered what law applied to the issue of whether a non-party to the arbitration agreement is bound by it. According to the majority of the Court, the issue is one of the scope of…
On 25 February 2022, the Supreme People’s Court (“SPC”) and the Secretary for Administration and Justice of the Macau Special Administrative Region (“Macau”) signed an Agreement for mutual assistance regarding interim measures issued in arbitration proceedings in Mainland China and Macau (“Agreement”), which entered into force on 25 March 2022. The Agreement permits parties to…
Professor Hi-Taek Shin is the Chairman of KCAB INTERNATIONAL, which is the international division of the Korean Commercial Arbitration Board (“KCAB”), Korea’s sole commercial arbitral institution. In addition to his duties as Chairman of KCAB INTERNATIONAL, he sits regularly as an arbitrator affiliated with Twenty Essex, both in international commercial arbitrations and investment treaty arbitrations….
The increasing cost of resolving disputes has become very concerning. While this phenomenon is not altogether new, the rising trend in recent times has given rise to a situation in which impecunious claimholders may be deprived of access to justice. Indeed, even companies with deep pockets now seek innovative ways of managing the costs of…
Welcome to the Kluwer Arbitration Blog, Ms. Vera! We are grateful for this opportunity to learn more about the Center for Arbitration and Mediation of the Ecuadorian-American Chamber of Commerce (CAM-AMCHAM Ecuador), and its administration of complex disputes, as well as about the attractiveness of Quito as a seat for international arbitration. To start, can…
“The winner is Sofia University St. Kliment Ohridski”, announced Dr. Günther Horvath – the presiding arbitrator of the final round of the 29th Willem C. Vis International Commercial Arbitration Moot (Vienna) before the crowd gathered in Hofburg Palace rose to their feet to applaud the Bulgarian team that prevailed over their esteemed opponents from University…
As part of the 2022 Paris Arbitration Week, Bird & Bird, with the support of ArbTech and the Chartered Institute of Arbitrators (CIArb), held an event on “Blockchain, NFTs, and the metaverse: Is arbitration ready to verse into a new universe?”. Paris-based international arbitration partner Jalal El Ahdab (Partner, Bird & Bird) and IP partner…
The last session of LIDW’s two-day main conference saw a panel of world-renowned international dispute resolution experts turn the spotlight on London as a leading centre for international dispute resolution. The panel was composed of Sylvia Noury QC (Freshfields Bruckhaus Deringer), David Falkenstern (Kroll), Michelle MacPhee (BP), Poonam Melwani QC, (Quadrant Chambers), and Laurence Shore (BonelliErede). The panellists offered a…
On the fourth day of the LIDW22, the session on “Changes in construction and infrastructure disputes: 2022 and beyond” looked at how construction contractors and employers have found ways to either avoid liability or impose extended liability on their counterparties. It also examined how English law has responded to these new developments. The conference was…
On the second day of the 2022 LIDW, LIDW members gathered in the Westminster Hall Center to discuss this year’s topics: Dispute Resolution – Global, Sustainable, Ethical? The Keynote Address The keynote address was given by Lucy Greenwood, (Greenwood Arbitration, Campaign for Greener Arbitration), Jenny Hindley, (Mishcon de Reya, Greener Litigation) and John Sturrock QC, (Core Solutions,…
London International Disputes Week continued on 11 May 2022, with a session focused on ESG – regulatory, practice, and risks. First Panel Discussion: Key global trends: The new frontiers of business ethics and corporate accountability The first panel, moderated by Heather Gagen, Chair, Partner, Travers Smith, focused on discussing the contours of business ethics and…
On the first day of the 2022 London International Disputes Week, Herbert Smith Freehills, HFW, HKA, King & Spalding, and Twenty Essex organised a panel on “Latin America: delivering sustainable and ethical infrastructure across key sectors – a disputes perspective”. The panel was composed of Richard Caldwell (Brattle), Dr Francisco González De Cossío (Gonzales de…
As part of the 2022 London International Disputes Week, McCarthy Tetrault, Queen Mary University London, Clyde & Co, Hughes Hubbard, and Fountain Court Chambers organized a conference on “What is the role of London for North American disputes? A North American perspective on London as an international dispute hub.” The panel was composed of Remy…
The first day of the LIDW main conference began with a short introduction by Richard Bamforth, Chair of the LIDW Strategy Group, and partner at CMS. Bamforth reiterated the theme of LIDW 2022 reminding those in attendance that there is a question mark at the end of theme: “Dispute Resolution-Global, Sustainable, Ethical?” This means, as…
London International Disputes Week 2022 (LIDW) 2022 kicked off yesterday with outstanding sessions and panellists in a hybrid format all around the city, centred around this year’s theme: Dispute Resolution: Global, Sustainable, Ethical?. Each year, the LIDW concentrates on several hot topics and controversial issues in international dispute resolution from all over the world. Yesterday’s…
Since the first edition in 2019, Kluwer Arbitration Blog has partnered with London International Disputes Week (LIDW) for the live coverage of an exceptional week addressing topical issues related to the resolution of commercial disputes. The first panel on 9 May 2022, on London as a dispute resolution hub for disputes involving parties from Ukraine…
As part of the 2022 London International Disputes Week, Arbitration Chambers, Clyde & Co, Hausfeld, Jones Day and LexisNexis organized a conference on “London as an international disputes hub for Dubai, UAE and region disputes: arbitration and the courts – is it still safe to arbitrate in Dubai, and other hot topics”. The panel was…
The Economic and Monetary Community of Central Africa, also known as the Central African Economic and Monetary Community (CEMAC),1)CEMAC is the French acronym for “Communauté Economique et Monétaire de l’Afrique Centrale” has recently enacted a Supplementary Act N° 01/21-CEMAC-CJ-CCE-15 establishing the Statute of the Arbitration Center of the Community Court of Justice (Supplementary Act No…
It is not uncommon in arbitration proceedings for interim measures to be necessary to avoid the relief intended on the merits from being frustrated. Interim measures in support of arbitration can now fortunately be ordered not only by national courts but also by arbitrators in most jurisdictions. In most instances, interim measures granted by arbitral…
Aircraft seizures tend to come up at the enforcement stage, oftentimes in relation to investment arbitration awards (see, e.g., proceedings against Tanzania or Equatorial Guinea). In Specter Aviation v. Laprade, however, the seizure of the Beechcraft Super King Air 300 (the “Aircraft”) is what triggered proceedings before the courts of the Canadian province of Québec,…
In the last three decades, the advent of investment treaty arbitration and more recently third-party funding have led to an exponential rise in the number of international arbitrations pursued by private parties against sovereign States. Against this background, on March 28, 2022, as part of Paris Arbitration Week, Curtis, Mallet-Prevost, Colt & Mosle hosted the…
FET is often described as the core standard of international investment law. Recently, there has been renewed discussion on its intended meaning, by reference to a range of source materials that arguably reflect States’ intentions at the time of concluding investment treaties. On December 10, 2021, the Dispute Resolution Interest Group of the American Society…
Historical records indicate that Tuesday, 10 June 1958 must have been a busy day in the corridors of the United Nations.1)Gary Born and the author are Expert International Commercial Arbitration Consultants retained by the Asian Development Bank to advise states on accession to the Convention, legislative reform and capacity building. On that day, following the…
It is trite to suggest that the awards rendered under the aegis of the International Centre for Settlement of Investment Disputes (“ICSID”) are insulated from national court review. In the context of recognition and enforcement, national courts are not permitted to examine ICSID arbitral awards. In 2006, 50 years after the ICSID Convention came into force, commentators…
