Arbitrators, Diversity, Institutional Arbitration, Interviews with Our Editors, SIAC, Singapore, Singapore International Arbitration Centre

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Ms Lucy Reed is a full-time arbitrator and a Visiting Professor at National University of Singapore.  Previously, she was the Co-Head of Freshfields Bruckhaus Deringer’s Global International Arbitration Group.  Her prior experience includes acting as the US Agent to the Iran-US Claims Tribunal and as General Counsel of the Korean Peninsula Energy Development Organization (“KEDO”). …

AMLO, China, Hong Kong, ISDS, Mexico

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As he embarks on the second half of his term, Mexico’s President, Andres Manuel López Obrador (known as “AMLO”), continues to fight foreign investors in a myriad of sectors.  By now it is clear that his presidency will be marked by his stance against the private sector and previous administrations which, in his view, “pillaged…

Energy, Paris Arbitration Week, Renewable energy

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As part of the 2022 Paris Arbitration Week, Three Crowns held on 31 March 2022 a conference on “Renewable Energy and Arbitration”. The panel was comprised of Marc Péresse (Head of Legal Offshore Wind at EDF Renewables), Fabien Roques (Executive Vice President with Compass Lexecon and Associate Professor in Economics at Paris Dauphine and at…

Paris Arbitration Week, Sport arbitration

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Paris Arbitration Week 2022 demonstrated the arbitration community’s increasing interest in sports-related disputes, with three events dealing with sports arbitration. This post is a non-exhaustive account of those events. Panelists covered different topics, ranging from the venues of sports arbitration to diversity in arbitration panels, sports and competition law, the impact of Covid-19 and economic…

Croatia, Energy Charter Treaty, Fair and Equitable Treatment, Israel, NAFTA, Paris Arbitration Week

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As part of the 2022 Paris Arbitration Week, Jeantet organised a round table on “The Fair and Equitable Treatment Standard: Update and Perspective”. The panel was composed of Yuriy Pochtovyk (Legal Official, Energy Charter Secretariat), Prof. Kaj Hobér (Associate Member, 3 Verulam Buildings), Barton Legum (Partner, Honlet Legum Arbitration), Irena Alajbeg (Croatian Ministry of Foreign and…

Enforcement, Paris Arbitration Week, Russia, SCC Rules, VIAC

(Addleshaw Goddard LLP)/ /1 Comment

As part of the 2022 Paris Arbitration Week, Jeantet organised a conference on “The impact of Russian sanctions on international commercial arbitration: from arbitrability to enforcement”. The panel was composed of Crina Baltag (Associate Professor, Stockholm University; and Editor of the Kluwer Arbitration Blog), David Lasfargue (Partner, Jeantet), Niamh Leinwather (Secretary General, VIAC), Evgenyia Rubinina…

Arbitration Agreement, CISG, General Terms and Conditions, New York Convention

(Seven Summits Arbitration)/ /Leave a comment

On 26 November 2020, the German Federal Supreme Court (Bundesgerichtshof—BGH) intervened in the “disputed” question of the applicability of the CISG to arbitration agreements (I ZR 245/19, para. 28). The Decision—based on the specific factual circumstances of the case and the most-favorable-law provision (Article VII) of the New York Convention on the Recognition and Enforcement…

Advocacy, COVID-19

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One of the leading scholars in international dispute resolution today is Sundaresh Menon, the Chief Justice of the Supreme Court of Singapore. In March of 2021, he delivered the opening address at the Singapore International Commercial Court Symposium. As part of his welcome delivered virtually, he made some interesting observations: History informs us that while…

Arbitral Award, Arbitration clause, Canada, Colombia, ICSID, ICSID Arbitration, International environmental disputes, Treaty Interpretation

(LALIVE) and (Homburger)/ /Leave a comment

Environmental concerns now play an increasing role in investment disputes. In this regard, this post analyses the interpretation of an environmental carve-out in an investment treaty in the decision on jurisdiction and liability in Eco Oro Minerals Corp. (“Eco Oro”) v. Colombia.   Background and Award This dispute arose from Colombia’s measures adopted in connection…

Cross-examination, Experts, Moot Courts, Witness

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Long before modern litigation or arbitration, Socrates famously cross-examined one of his accusers and, through systematic lines of questioning, undermined their claims. Though it did not save him Socrates looms large in the imagination of modern lawyers as one of the best cross-examiners of all time. Cross-examination is a complex, yet exciting discipline that requires,…

Force majeure, International Public Policy, Russia, Sanctions

(Queen Mary University)/ /1 Comment

When and how arbitral tribunals should give effect to international sanctions is a long-standing question in international arbitration. Unilateral economic sanctions have been traditionally characterised as factual impediments that could trigger force majeure or frustration of purpose defences. However, a growing number of scholars and practitioners have criticised this factual approach and have advocated for…

Annulment, Belgium, Denial of justice

(Crowell & Moring) and (A&O Shearman)/ /1 Comment

On 18 February 2022, the Brussels court of first instance set aside an UNCITRAL award regarding a claim brought against the Republic of Poland under the US-Poland bilateral investment treaty (US-Poland BIT).  This is the first time we see a Belgian court set aside an investment treaty award.  The court decided that the arbitral tribunal…

Conditional fee agreements, Contingency Funding, Costs, Costs in arbitral proceedings, Counsel, Counsel fees, Fee Agreeements, Hong Kong, outcome related fee structures, Singapore

(Shearman & Sterling LLP) and (Shearman & Sterling)/ /Leave a comment

In Singapore, lawyers and their clients will soon be able to enter into conditional fee agreements (“CFAs”) for arbitrations and certain court proceedings. CFAs provide parties with an alternative to traditional fee arrangements and third-party funding (“TPF”) by enabling part or all of their lawyers’ fees and costs, as well as an uplift fee, to…

Asia-Pacific, California, California International Arbitration Week, Japan, Japan Commercial Arbitration Association

(California State Polytechnic University-Pomona) and (University of Glasgow)/ /Leave a comment

On 14 March 2022, the first day of the inaugural California International Arbitration Week, the Japan Commercial Arbitration Association (“JCAA”) hosted a webinar on the rising waves of arbitration in Japan and California. The session was moderated by Kazuhiko Nishihara (Secretary General, Japan International Mediation Center in Kyoto), and featured speakers Yoshinori Tatsuno (Partner, Mori…

Asia-Pacific, California, California International Arbitration Week, Technology, United States

(California State Polytechnic University-Pomona) and (University of Glasgow)/ /Leave a comment

On the third day of the Inaugural California International Arbitration Week, Silicon Valley Arbitration & Mediation Center (“SVAMC”) held a webinar on the locus of international disputes. The focus of the session was the shifting seat of international disputes, as arbitration’s centre of gravity is steadily advancing to the Pacific. This westward (from a United…

California, California International Arbitration Week, Entertainment, United States

(Musick, Peeler & Garrett LLP)/ /Leave a comment

The inaugural California International Arbitration Week (“CIAW”) took place on March 14 through 18, 2022 and highlighted the attractive features of arbitrating international commercial disputes in California. What better way to begin CIAW than in Hollywood, with a discussion on recent international dispute developments and trends in the film and entertainment industry. The panel featured…

Arbitrator Selection, Diversity, sociology of international arbitration

(Universiti Brunei Darussalam & University of Sydney), (University of Sydney & Williams Trade Law), and (University of Sydney)/ /3 Comments

In her blog post on 27 February 2022, Kiran Nasir Gore expressed measured optimism regarding the international arbitration (IA) community’s collective progress towards greater diversity especially over the last few years. She highlighted various recent initiatives and developments including Racial Equality for Arbitration Lawyers (REAL), the Rising Arbitrators Initiative (RAI) and the appointment of first…

empirical data, International arbitration, Legal indicators, State Responsibility

(International University of Rabat)/ /Leave a comment

Modern society is amazed by empirical analysis, and the legal world is no exception. Indicators, rankings, and reports have been widely used to compare the independence and efficiency of legal systems with very different cultural and historical backgrounds. They are often regularly published and updated by think tanks and international organizations, both governmental and non-governmental….

Advance on Costs, United Arab Emirates, Waiver

(Al Owais Advocates & Legal Consultants)/ /1 Comment

A topic that has been hugely debated in the arbitration world is whether non-payment of the advance on arbitration costs constitutes waiver of the arbitration clause. The answer to this debate does not only differ from one jurisdiction to another but may differ in the same jurisdiction. This blog post examines how the courts in…

Enforcement of an award that was set aside, New York Convention, Sovereign Immunity, United States Courts

(Diaz, Reus & Targ, LLP)/ /Leave a comment

The permissive language of Article V(1)(e) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) continues to tease parties challenging recognition and enforcement of arbitral awards with the prospects of success.  That is the case for Nigeria in its latest efforts to fend off the confirmation of a…

ADGM, Advocacy, Corruption, ESG, ICSID, ICSID Amendments, MENA, Sovereign Wealth Funds, state-owned

(Hadef & Partners)/ /Leave a comment

On 17 March 2022, Abu Dhabi witnessed an event which was five years in the making: a joint-conference by ICSID and the Abu Dhabi Global Market (ADGM) titled “Investment Arbitration in the Middle East”. This post recaps some highlights from the event, as well as offering further views and commentary.   Event Kick-off and Its…

Colombia, Investment Arbitration, Latin America, Preliminary Issues, time-limits

, (Juan Felipe Merizalde Abogados)/ /Leave a comment

The recent Award in AFC v. Colombia dated 24 February 2022 provides new developments on the scope of Rule 41(5) of the Arbitration Rules of the International Centre for the Settlement of Investment Disputes (the “ICSID Rules”). The Tribunal dismissed the claims of AFC Investment Solutions S.L. (the “Claimant”) after accepting a defense raised by…

Russia, Termination, Treaty, Vienna Convention on the Law of Treaties

, (Avellum)/ /1 Comment

Russian full-scale invasion of Ukraine consolidated the international community in strong political condemnation and accompanying legal sanctions against vital sectors of the Russian economy. International business followed suit with more and more multinational companies ceasing their investments in Russia or pulling out their businesses entirely. As reported by the Wall Street Journal, the Russian response…

Evidence, SCOTUS, Section 1782 Discovery, United States Courts, USA

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Kluwer Arbitration Blog has given ample attention over the years to 28 U.S.C. § 1782—the US federal statute authorizing federal district courts to order individuals and entities within their districts to provide evidence to “interested person[s]” for use “in a proceeding in a foreign or international tribunal.” (see, for example, here, here, here, here, and here). …