Evidence, SCOTUS, Section 1782 Discovery

(MacGrath Arbitration)/ /4 Comments
ArbitralWomen

On June 13, 2022, the U.S. Supreme Court issued its unanimous opinion resolving a U.S. Circuit Court split over a hotly debated issue, namely whether 28 U.S.C. § 1782 applies to private foreign or international arbitrations. In ZF Automotive US, Inc. v. Luxshare, Ltd., 596 U.S. ___ (2022), the Supreme Court was required to decide whether…

Evidence, SCOTUS, Section 1782 Discovery

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The Kluwer Arbitration Blog previously published an excellent summary by Jonathan Tompkins of the oral arguments held before the United States Supreme Court on March 23, 2022 on the future scope and application of 28 U.S.C. §1782, a federal statute that allows foreign or international tribunals and their litigants to ask the relevant district court…

Arbitration, Recognition and enforcement of arbitral award, Set aside an arbitral award

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On June 6, 2022, the Journal of International Arbitration Special Issue on Empirical Work in Commercial Arbitration, was released, edited by Dr Monique Sasson, Dr Crina Baltag, Roger P. Alford, Matthew E.K. Hall, under the general editorship of Prof. Dr Maxi Scherer. The Special Issue also includes articles authored by Prof. Loukas Mistelis, Prof. Dr…

Arbitration Agreement, empirical data, Empirical Research, Enforcement of an arbitration clause, International Commercial Arbitration, International Law Talk, Kluwer Podcast, Public Policy, Set aside an arbitral award

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International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law and Competition Law.  Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration.   In this latest episode, Prof….

Arbitration, Development, Investor duties, Sustainability

(Association ARBITRI), (University of Aberdeen), and (University of Zenica)/ /Leave a comment

On 18 March 2022, academics and arbitration practitioners convened in Sarajevo (Bosnia & Herzegovina) for an international conference dedicated to cutting-edge topics related to the intersection of international arbitration and sustainable development. This post outlines some of the highlights of a rich discussion that was part of a broader effort to engage the legal and…

Australia, Oil & Gas

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Herbert Smith Freehills

As the oil and gas industry continues to mature, the number of mid-to-late life assets grows. A key challenge for the energy sector is how to effectively manage the decommissioning of these assets, especially those situated offshore. In Australia: decommissioning work is expected to be required for up to 65 offshore platforms by 2026, and…

Civil Law, Common Law, Evidence, Interpretation

(Columbia Law School), (Rivero Mestre LLP), and / /1 Comment

Generally, the choice of substantive law applicable to a particular contract will affect the outcome of a case.  It is common, however, for the evidentiary and interpretive rules to also have important implications for a case’s outcome.  Arbitral rules leave such matters to a tribunal’s discretion that can be exercised in different ways.  For instance,…

LIDW2022, State defense, State entity, state-owned, States

(Queen Mary University of London) and (Queen Mary University)/ /2 Comments

As part of the 2022 London International Disputes Week, 3 Verulam Buildings, Clifford Chance, Kroll, Mayer Brown, QMUL, Three Crowns and White & Case organized a conference on “States as first-class citizens? Special treatment for states in international disputes”. This post covers both panels of the program.   Panel One:  Procedural and Substantive Peculiarities of…

ICSID, ICSID Amendments, ICSID Proceedings, International arbitration, Investment Arbitration, Third party funding

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On March 21, 2022, the Member States of the International Centre for Settlement of Investment Disputes (“ICSID”) approved a comprehensive reform of its rules and regulations, including the rules of procedure for ICSID arbitration proceedings (“New ICSID Rules”). Drafted over a five-year consultation process and six working papers, this profound amendment aims to “modernize, simplify,…

Enforcement, Korea, New York Convention, Public Policy

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Under Article V(2)(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (the New York Convention, “NYC”), a court may refuse to recognize or enforce a foreign award if “recognition or enforcement of the award is contrary to the public policy of that country.” The NYC does not define the term…

Bitcoin, Blockchain

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On 25 March 2022, as reported inter alia by Bird & Bird who acted for the successful defendants, the High Court of Justice in England (hereinafter the “High Court” or “Court”) rendered its eagerly-awaited judgment in the dispute between Tulip Trading Limited v Bitcoin Association & others. An alleged hack had prevented Tulip Trading Limited (“TTL”),…

Russia, Sanctions

(Nyenrode Business University) and (AZHA Avocats)/ /Leave a comment

The commencement of the war in Ukraine triggered the imposition of unprecedented sanctions affecting almost all sectors of the Russian economy. Many foreign companies operating in Russia ceased or temporarily put on hold their business activities. In response, the Russian government adopted several retaliatory measures. This post offers an overview of these measures and their…

Arbitration, Bankruptcy, Turkey, Turkish Court of Cassation

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The General Assembly of the Civil Chambers of Turkish Court of Cassation (“Court”) rendered a controversial decision on 21 December 2021 with No. K.2021/1710 (“Decision”). The Decision provides that, notwithstanding a valid arbitration agreement, Turkish courts, not arbitrators, shall have jurisdiction to determine whether an alleged debtor, against whom a bankruptcy proceeding has been initiated,…

Gas Supply Agreements, Russia, Sanctions

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The Russian aggression in Ukraine has not only brought immense human tragedy, but also unprecedented uncertainty upon the European energy markets. Gas supply has emerged as a particularly weak spot of the entire European economy, being massively overdependent on Russian supplies. When Russian President Vladimir Putin issued the infamous Presidential Decree No. 172 of 31…

Arbitration, Brazil, Conference, Georgetown, Latin America, Uncategorized

(Herbert Smith Frehills) and (MAMG Advogados)/ /Leave a comment

Organized by the Georgetown International Arbitration Society and the Georgetown Brazilian Law Association, in cooperation with the Arbitration Channel, the I Georgetown Brazilian Arbitration Day took place on April 8, 2022. The first edition of the conference discussed some of the main topics of interest in international arbitration as well as the latest developments in…

ICSID, ICSID Amendments, ICSID Arbitration, International dispute resolution, Investment Arbitration, Investment Disputes, Investment law, Uncategorized

(Consultant, World Bank)/ /1 Comment

On 21 March 2022, the Administrative Council of the International Centre for Settlement of Investment Disputes , or ICSID, approved extensive amendments  of ICSID’s Regulations and Rules. The Regulations and Rules prominently include the rules of procedure for arbitration proceedings initiated under the constituent treaty of ICSID, the 1965 Convention on the Settlement of Investment…

Arbitral seat, Germany

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Frankfurt am Main (“Frankfurt“) – Germany’s No. 1 city for international arbitration – could serve as a cost-effective and safe seat for international disputes. A “safe seat” of arbitration offers a fair, just and cost-efficient dispute resolution mechanism by offering effective arbitral law and practice (see here). The criteria for distinguishing a safe seat of arbitration…

Foreign Investment Law, ICSID, ICSID Arbitration, Investor-State arbitration, investor-State arbitration and mediation, ISDS, Uncategorized

(Rommel St. Hill Attorneys-at-Law & International Consultancy)/ /2 Comments

The investor-State dispute settlement system (ISDS) is increasingly confronted with disputes related to climate-related measures. Consequently, this fora has been described as the new frontier in climate-change disputes, as tribunals are slowly becoming a de facto source of climate policy making that directly impacts the regulatory landscape. This blog post discusses the following issues: (i)…

Arbitrator Selection, Arbitrators, Artificial Intelligence, Database

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Wolters Kluwer recently launched the Profile Navigator and Relationship Indicator tools within the Kluwer Arbitration Practice Plus suite of arbitration products. Kluwer Arbitration Blog recently met with Dr. Nikos Lavranos and Ewa Cairns-Szkatuła to discuss this new development. Dr. Lavranos is Founder of NL-investmentconsulting and acts as legal counsel, arbitrator, mediator and offers a broad…

Kluwer Arbitration Blog

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The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for South and Central America. 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 on the Blog,…

ITA Arbitration Report

(Notre Dame Law School), (Stockholm University), and / /Leave a comment

The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your…

Energy, LIDW2022, Sustainability

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On the last day of the #LIDW22, Herbert Smith Freehills, Linklaters, Norton Rose Fulbright, Twenty Essex, Vinson & Elkins, and Clyde & Co hosted a session on “The future of energy disputes in a post-covid world”. The speakers – Michael Ashcroft QC (Twenty Essex), Rebecca James (Linklaters), Colin Johnson (HKA), Richard Power (Clyde & Co),…

England, English courts

(Quinn Emanuel Urquhart & Sullivan LLP)/ /Leave a comment

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…

China, Court Assistance, Institutional Arbitration, Interim measures, Macau, PRC

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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…