Kluwer Arbitration Blog

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New features for the Profile Navigator, Relationship Indicator, and expanded Awards search capabilities will equip arbitration practitioners with faster and on-target research and actionable insights Wolters Kluwer Legal & Regulatory U.S. announced new enhancements to several tools within Kluwer Arbitration Practice Plus (KAPP). These additions will expand KAPP’s capabilities to guide practitioners in finding the…

Achmea, Energy Charter Treaty, Intra-EU Investment Arbitration, Intra-EU ISDS, Investor-State arbitration

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Amidst the still ongoing negotiations on the modernisation of the Energy Charter Treaty (ECT), which were concluded with an agreement in principle yesterday (24 June 2022), the Court of Justice of European Union (CJEU) delivered its ruling on Belgium’s request for an opinion on the compatibility of intra-EU investor-state arbitration under a modernised text of…

Achmea, Lithuania

(MILAŠAUSKAS MARTINKUTĖ SMALIUKAS)/ /Leave a comment

A recent decision of the Lithuanian Supreme Court (Civil case No. e3K-3-121-916/2022, 18 January 2022, hereinafter the “LSC judgement”) adds another episode to the long saga of implementing the Achmea  decision. The Lithuanian decision once again confirms the end of the BITs era in Europe and turns to national courts as well as to the…

Arbitration – The International Journal of Arbitration

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London), (Queen Mary University of London), (Chartered Institute of Arbitrators), and (Three Crowns)/ /Leave a comment

The 31st of January 2022 marked twenty-five years from the day the Arbitration Act 1996 was brought into force. Inspired by the UNCITRAL Model Law but, at the same time distinctly English, the Act has rightly been hailed as an ‘exemplary piece of legislation’.1) Merkin and Flannery on the Arbitration Act 1996 (6th Edition Informa…

Intra-EU BITs, Intra-EU ISDS, Sunset clauses

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‘Sunset’ (or ‘survival’) clauses extend the effects of the relevant investment treaty after its termination. They provide that the protection afforded by the treaty is maintained for a further period of time after termination to investments made during the lifetime of the treaty. As such, sunset clauses have an ‘entrenchment effect’ limiting the ability of…

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

(ArbBoutique & Queen Mary University of London)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Roger P. Alford, Crina Baltag, Matthew E.K. Hall and Monique Sasson, Empirical Analysis of National Courts Vacatur and Enforcement of International Commercial Arbitration Awards The empirical research in this article relies on a…

ICSID, International arbitration, Investment, Investment Arbitration, Jurisdiction

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The debate surrounding the meaning and scope of the term ‘investment’ under the ICSID Convention is a product of the larger tussle between capital exporting and capital importing states, which convened at Washington in the search for a mutually beneficial agreement on foreign investments. It has been argued by Prof. Julian Davis Mortenson that ‘investment’…

Public Policy, Recognition and enforcement of arbitral award, Set aside an arbitral award

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One of the articles authored by Dr Monique Sasson and featured in the Journal of International Arbitration Special Issue on Empirical Work in Commercial Arbitration, edited by Dr Monique Sasson, Dr Crina Baltag, Roger P. Alford, Matthew E.K. Hall, under the general editorship of Prof. Dr Maxi Scherer, discussed the public policy in the light…

Family disputes, Gulf Cooperation Council (GCC)

(Charles Russell Speechlys LLP)/ /1 Comment

Family businesses – commercial entities in which multiple generations of a family wield influence over decision-making – are one of the oldest and most prevalent forms of association across the world, ranging from convenience stores to multinational corporations like Walmart, Samsung and Porsche. In 2020, Boston Consulting Group described family businesses as “contributing between 25%…

Damages, Damages experts, M&A

(FTI Consulting) and (Baird Forensic)/ /Leave a comment

2021 was a record-breaking year for mergers and acquisitions (M&A). The total global deal value amounted to USD 5.9 trillion, an increase of 64% compared to 2020 and the highest ever recorded, driven by high valuations and fuelled by access to cheap financing. The market was strong across corporate and financial buyers. The year saw…

Arbitral Appointments, Arbitration Institutions and Rules, Asia-Pacific, Interviews with Our Editors, New Zealand, Statistics, UNCITRAL Model Law

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Nicole Smith is the Vice-President of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), the leading membership organisation for dispute resolution specialists in New Zealand. In addition to her work with AMINZ, Nicole is also a barrister at Mauao Legal Chambers specialising in commercial litigation and arbitration. Dual qualified in New Zealand and England…

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

(Herbert Smith Freehills LLP)/ /Leave a comment
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

(3 Verulam Buildings & ArbTech) and (ArbTech)/ /Leave a comment

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

, (Başgül Avukatlık Bürosu)/ /Leave a comment

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,…