Withdrawing from the Energy Charter Treaty: The End is (not) Near
…with the ECT (see here). The ECT includes a safety net in Article 16 to preserve the highest level of investment protection and access to arbitration in case Contracting Parties…
Search Results for: efficient arbitration
RWE and Uniper: (German) Courts Rule on the Admissibility of ECT-based ICSID Arbitrations in Intra-EU Investor-State Disputes
…the invalidity of the arbitration agreement; and the BGH upholding the ruling of the Higher Regional Court of Frankfurt am Main, which had declared Austrian Raiffeisen Bank’s UNCITRAL arbitration against…
Arbitral Award, CAM-CCBC Arbitration Congress IX Edition, Latin America, Publication of Arbitral Awards
CAM-CCBC Arbitration Congress IX Edition: Publication of Arbitral Awards – The Future or Utopia?
…of publication of arbitral awards in commercial arbitration has a much different landscape than in investment arbitration, since it deals with private parties and private interests. Despite these discrepancies, as…
Brazilian Arbitration Act, CAM-CCBC Arbitration Congress IX Edition, Corporate, Corporate disputes, Latin America
CAM-CCBC Arbitration Congress IX Edition: Regulating Corporate Law Disputes
…economic interest (“vermögensrechtlicher Anspruch“) can be subject of an arbitration agreement. Nevertheless, until 1996 there were no corporate arbitration disputes in Germany. In April 2009, an important decision of the…
Appointment of arbitrators, Arbitrator Challenges, Brazil, CAM-CCBC Arbitration Congress IX Edition, Latin America
CAM-CCBC Arbitration Congress IX Edition: Tribute to Dr. Straube, General Program & Future of Independence and Impartiality in Arbitral Proceedings
…appoint an arbitrator are at the epicenter of the Brazilian controversial anti-arbitration bill. Follow along and see all of Kluwer Arbitration Blog’s coverage of IX CAM-CCBC Arbitration Congress here….
The EU’s Eighth Package of Sanctions Against Russia and the Potential Ramifications of a Blanket Ban on Legal Advisory Services
…access to justice and to an effective legal remedy, this new prohibition might nonetheless ultimately affect dispute-resolution proceedings, including arbitration proceedings. As explained hereafter, the prohibition indeed risks deterring attorneys…
Interviews With Our Editors: In Conversation with Prof. Vladimir Pavić, University of Belgrade, on the Past, Present and Future of Institutional Arbitration in Southeast Europe
…University. In addition to being Vice President of the Belgrade Arbitration Center (BAC), Professor Pavić is a member of the VIAC International Advisory Board, ICC Central and Eastern Arbitration Group…
Are Environmental and Investment Protection Mutually Exclusive? Report of the ITA-ALARB Americas Workshop
…Mr. Terry also identified certain challenges concerning the filing of counterclaims under the state’s domestic law, including that BITs often provide that the law of the arbitration is comprised by…
KluwerArbitration ITA Arbitration Report, Volume No. XX, Issue No. 12 (September 2022)
…for China The laws of the People’s Republic of China (“PRC”) mandate a valid arbitration agreement must manifest the parties’ s clear intent of arbitration, and an arbitration agreement shall…
Open Position: Assistant Editor of Kluwer Arbitration Blog
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Technology. The Assistant Editor reports directly to the coordinating…
C v D: Hong Kong in Step with the Admissibility Versus Jurisdiction Debate
…in turn, validates the pro-arbitration nature of Hong Kong’s arbitration regime by encouraging party autonomy, restricting court interference in arbitration proceedings, and satisfying the objective of arbitration to achieve efficient…
Armed Conflict, Border Dispute, Careers in Arbitration, Compensation for Moral Damages, Economic Sanctions, Korea, Ukraine
Yonsei Arbitration Day: War and Arbitration
…of the Ukrainian Arbitration Association; Partner, Integrites) suggested improving the current international arbitration system’s ability to deal with international law violations when it comes to war. The international arbitration system,…
Hong Kong Arbitration Week Recap: ADR in Asia Conference – Beyond Mere Greenwashing? The Impact of ESG on International Arbitration
…Disputes? International Arbitration The panelists agreed that international arbitration will also become more sustainable over time as the arbitration industry continues to look for ways to reduce its own carbon…
Bankruptcy, Bermuda, BVI, Cayman Islands, China, Claims Trading, Enforcement, HK Arbitration Week, Hong Kong, Insolvency, Singapore
Hong Kong Arbitration Week Recap: Examining the Creditor’s Toolkit in International Arbitration, Cross-Border Insolvency and Enforcement
Allen & Overy’s webinar on the second day of Hong Kong Arbitration Week 2022 brought together six practitioners from the fields of arbitration, insolvency and enforcement to discuss the key…
Hong Kong Arbitration Week Recap: Implications of PRC’s Evolving Data Protection Laws in International Arbitration
…to international arbitration proceedings. Panelists included Ms. Sarah Thomas (Morrison & Foerster, Hong Kong), Mr. Samuel Yang (Anjie Law Firm, Beijing), Ms. Fanghan Chen (Hong Kong International Arbitration Centre, Hong…
Case Management, China, Enforcement, HK Arbitration Week, HKIAC, Hong Kong, Interim measures, International Commercial Courts, Interviews with Our Editors
Interviews with Our Editors: In Conversation with Dr. Mariel Dimsey, Secretary-General of the Hong Kong International Arbitration Centre
…as counsel and arbitrator in international arbitration, spanning various jurisdictions and legal traditions. Mariel takes the helm during an exciting period at HKIAC and for international arbitration in Hong Kong….
The Contents of Journal of International Arbitration, Volume 39, Issue 5 (October 2022)
…to join already commenced arbitration proceedings based on a prima facie test, alongside express unanimous parties’ consent. Mark Mangan & Lukas Lim, The Pursuit of Net Zero Arbitration With…
Korean Supreme Court’s Recent Recognition of Treble Damages: Implications for the Enforcement of Arbitral Awards
…International Arbitral Award in Korean,” Korean Arbitration Review, 9th Issue (2018). This article is available for downloading through the KCAB International’s website (www.kcabinternational.or.kr). On 11 March 2022, this issue was…
French Supreme Court Confirms Sorelec: Towards a Substantive Review on the Merits
…civil court has directly approved a shift in the jurisprudence of the Paris Court of Appeal that might have important implications for France as a place of arbitration. This post…
Keeping a Distance: India’s Approach towards Investment Treaties
India’s Parliamentary Committee on External Affairs (the “PCEA”) recently submitted two reports to the Parliament relating to bilateral investment treaties (“BITs”). The first report –submitted in December 2021 – contained…
Brazil, CBAr 21st, Corporate disputes, International Arbitration Procedures, Latin America, South America
CBAR 21st International Arbitration Conference: Should Confidentiality Be Respected in Corporate Disputes?
…one of the pillars of commercial arbitration, and on the other hand, publicity is an important foundation of the capital market. Confidentiality, arbitration, and corporate disputes. What is the…
CBAr 21st International Arbitration Conference: Disputes arising under M&A Contracts
In line with its overarching theme of “Arbitration, Corporate Law & ESG”, on September 29, 2022 the CBAr’s 21st International Arbitration Conference hosted a panel on disputes arising under M&A…
Brazil, CBAr 21st, Climate change, Corporate, Corporate disputes, Environment, ESG, International environmental disputes, Latin America, South America
CBAr 21st International Arbitration Conference: Arbitration, Corporate Law & ESG
From 28 to 30 September 2022, the Brazilian Arbitration Committee – CBAr held its 21st International Arbitration Conference (“21st CBAr IAC” or “Conference”) in Rio de Janeiro. Considering the rising…
The Agreement in Principle on ECT “Modernization”: A Botched Reform Attempt that Undermines Climate Action
…possible continues to be the best strategy. 1. Not on Point: Investment Protection and Arbitration Are Unfit for Accelerating Investment The Intergovernmental Panel on Climate Change (IPCC) has expressed…