Under Article 10(1) of the ILC Articles on State Responsibility, acts committed by rebels (or any other type of ‘insurrection movements’) during a successful insurgency aimed at establishing a new government are attributable to the State after their victory. After the civil war, and once the rebels have formed a new government, the State will…
At Kluwer Arbitration Blog, December is the month to thank our readers, collaborators and editors for their tremendous support. We come at the end of a year of challenges and renewed hopes, for a 2022 where we can meet in person and celebrate our achievements. We would like to express our gratitude for your contributions…
Helsinki International Arbitration Day (HIAD) is an arbitration conference organised by The Finland Arbitration Institute (FAI). HIAD brings together legal practitioners from Finland and abroad to hear from top experts on the latest developments in international arbitration and mediation. This year’s event, held on 3 December 2021, was attended by more than 200 participants and focused…
In the 1970s, when my father left India to study abroad, trunk calls home were rare and expensive, requiring shouting into the phone. In 2020, we have all exasperatedly repeated “You’re on mute” and “Am I audible?” into our screens on an almost daily basis. As public spaces became off-limits, those with access to technology…
Les notions, essentiellement philosophiques, de volonté et de liberté sont au cœur de la matière. – Emmanuel Gaillard Arbitration is a form of private dispute resolution. Parties arbitrate disputes through a private system created of their own will and liberty, contractually exiting the public, state-controlled system of dispute resolution. Whilst there are many different…
In the first week of November 2021, Seoul, once again, connected leading ADR practitioners, legal professionals, and scholars from different corners of the world through the Seoul ADR Festival 2021 (“SAF”). The SAF’s main flagship event was the 10th Asia-Pacific ADR Virtual Conference. Co-hosted by the UNCITRAL, Korea’s Ministry of Justice, KCAB INTERNATIONAL, the International…
Much like Beckett’s Vladimir and Estragon, desperately waiting for Godot without success, the citizens of Lebanon are protagonists of a living theater of the absurd which their country has become, desperately waiting for legal, institutional and social reforms to no avail. While the collapse of the Lebanese financial system and the de facto capital controls…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Markus Burgstaller & Giorgio Risso, Due Diligence in International Investment Law The obligation to exercise due diligence – which is commonly understood as the degree of care that is legally required or that…
It’s all still to play for. After the Paris Court of Appeal refused enforcement of a Swiss arbitral award against Alstom on the grounds of corruption, the French Supreme Court has now overturned that decision, ruling that the judges misinterpreted the evidence before them. The case may now be referred to the Versailles Court of…
The World Arbitration Update conference, held on 11 to 15 October 2021, aimed to update the international arbitration community on the latest North American continental trends and developments. This blog post addresses two of the WAU’s panel discussions regarding (1) the outlook on the trends and developments in the Americas and (2) Caribbean-related arbitrations involving…
In 2021, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. From Mexico’s actions potentially triggering numerous treaty claims, to Colombia’s four consecutive victories, to Ecuador’s return to the International Centre for Settlement of Investment Disputes (ICSID) Convention. Our authors did a tremendous job covering and sharing their…
The Danish Institute of Arbitration (the DIA) updated its arbitration rules this year. The DIA Rules of Arbitration 2021 (the DIA Rules 2021) apply to arbitrations commenced on or after 13 April 2021, unless otherwise agreed. The updated rules tell us that the DIA focuses on best practice, pragmatism and efficiency, and that they bolster…
Alice, welcome back to Kluwer Arbitration Blog, and thank you for allowing us to continue our previous conversation published here in 2019. This time we would like to focus on ‘Alice Fremuth-Wolf’ as one of the leading personalities of international arbitration who has promoted and implemented modern approaches to arbitration at the Vienna International Arbitral…
Over the last few years, the courts in Qatar have been criticized from the arbitration community for having issued several rulings setting aside both domestic and foreign arbitral awards on public policy grounds. In particular, these rulings held that like court issued judgments, domestic and even foreign arbitral awards were required to be rendered in…
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. For the second year, the Yearbook publishes a selection of awards rendered under the auspices of the Arbitration Institute of the Stockholm Chamber of Commerce, the SCC. The ten awards, rendered between February 2019 and April 2021, deal with a variety of substantive and…
The Kingdom of Tonga is dedicated to furthering the development of arbitration. A little more than a year ago, this blog published a post reporting that Tonga had acceded to the New York Convention on 12 June 2020. The New York Convention came into force for Tonga on 10 September 2020, and exactly three months…
This entry is the last in a series of three regarding issues faced by arbitral and financial institutions as a result of restrictions on transfers of funds under primary and secondary sanctions programmes. In the first post, the authors addressed the impact of asset freezes on arbitral institutions and their banks, while the second post…
Benno Kimmelman is an independent arbitrator and active in the New York arbitration community. He teaches international arbitration and international litigation courses at Brooklyn Law School, Georgetown University Law Center, and American University’s Washington College of Law. Edna Sussman is a New York-based arbitrator and mediator. She is the Distinguished ADR Practitioner in Residence at…
On November 15, 2021, the AAA-ICDR hosted a webinar entitled “In-House Counsel’s Virtual Roundtable” as part of New York Arbitration Week. The webinar focused on the use of alternative dispute resolution in the oil and gas industry. The panel was moderated by Eric P. Tuchmann, the Senior Vice President, General Counsel and Corporate Secretary for…
On November 16, 2021, during New York Arbitration Week 2021, several committees of the New York City Bar Association hosted a panel discussion entitled “Dispelling Myths: Enforcement of Latin American Arbitration Awards in the United States and U.S. Arbitration Awards in Latin America,” which focused on enforcement of foreign arbitral awards in the United States,…
During New York Arbitration Week 2021, the New York International Arbitration Center (“NYIAC”) and the Chartered Institute of Arbitrators (“CIArb”) New York branch hosted two panels dedicated to the theme of “Getting It Right in International Arbitration.” This post presents some highlights. Getting it Right: How Arbitrators, Counsel, and Institutions Can Improve the Quality…
This year’s theme for the New York Arbitration Week (“NYAW”) was “getting it right.” It invited ArbitralWomen and the Young International Arbitration Practitioners of New York (YIAP-NY), the latter in partnership with the New York International Arbitration Center (NYIAC), to reflect on the challenges but also new opportunities that the past year has presented to…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Australia, New Zealand and the Pacific Islands. The Assistant Editor reports directly to the coordinating Associate Editor and is expected to (1) collect, edit and review guest submissions from the designated region for posting…
At the time the New York Convention (1958) and the UNCITRAL Model Law (1985) were being drafted, the possibility of sophisticated technology rather than natural persons running and controlling an arbitration must have seemed far-fetched. But, at the same time, the language employed in both the Convention and the Model Law did not expressly exclude…
