In the last decade, India has emerged as a prominent pro-arbitration jurisdiction owing to several factors including legislative changes to the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). Indian courts have been at the forefront of this movement and consistently interpreted Indian law in favour of arbitration rather than against arbitration. A noticeable trend has…
On 7 August 2024, the High Court of Australia (“Court”) delivered judgment in the much-anticipated Tesseract International v Pascale Construction [2024] HCA 24 in which the Court held that proportionate liability statutes apply in arbitration. This post seeks to draw attention to critical aspects of the decision of Australia’s highest court, and suggests that, properly…
On 4 August 2023, in an investor-State dispute settlement (“ISDS) arbitration commenced against Australia on 29 March 2023 under the Association of Southeast Asian Nations (“ASEAN”) Australia New Zealand Agreement for a Free Trade Area (“AANZFTA”), Singapore-incorporated Zeph filed an application for interim measures including an unusual request. Zeph sought an order that Australia’s “officers…
Rusoro Mining Ltd. (“Rusoro”), a Canadian corporation, filed an investment claim against The Bolivarian Republic of Venezuela (“Venezuela”), pursuant to the International Centre for Settlement of Investment Disputes (“ICSID”) Additional Facility Arbitration (“AF”) Rules of April 2006 (Case No. ARB(AF)/12/5). Rusoro claimed that, between 2009 and 2010, Venezuela expropriated its investment over mining rights and…
Although often seen as theoretical, the recognition and enforcement of annulled arbitral awards remain a fascinating issue in international arbitration. As the text of the New York Convention (“NYC”) provides limited guidance, there has been substantial consideration in both academic commentaries and national court decisions. While global arbitration hubs such as Paris, London, or Singapore…
The doctrine of immunity from execution, viewed as the “last bastion of State immunity“, has traditionally shielded sovereign assets from being used to satisfy adverse arbitral awards. While municipal laws on State immunity vary, the dominant view in modern international legal practice is that a State’s consent to arbitration, whether under a treaty or a…
The term “EU arbitration law” may take some getting used to. After all, there is no EU arbitration act that would be comparable to, for instance, the English Arbitration Act 1996 or Chapter 12 of the Swiss Private International Law Act. Regulation (EC) No 593/2008 on the law applicable to contractual obligations (“Rome I Regulation“),…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Technology. Interest and expertise in technology-related issues in international arbitration are required. The Assistant Editor reports directly to the coordinating Associate Editor and is expected to (1) collect, edit and review guest submissions on…
The setting aside of an arbitral award is a rarity in the Austrian legal landscape. However, on 3 April 2024, the Austrian Supreme Court (the “ASC”) issued a landmark decision setting aside an arbitral award on the grounds of non-arbitrability of the subject matter. As explained below, the court’s reasoning is remarkable and its implications…
This year’s 36th Annual ITA Workshop (held in Austin, Texas on June 19-21, 2024) did exactly what it said on the tin: It provided the audience with truly “Global Perspectives on Due Process in International Arbitration.” Co-chaired by Christian Leathley, Anne Véronique Schlaepfer, and Prof. Thomas J. Stipanowich, the ITA Annual Workshop looked at due…
Since 2019, a multilateral instrument on investor-State dispute settlement (“ISDS”) reform (“MIIR”) has been under discussion by UNCITRAL Working Group III (“WGIII”) as a potential mechanism for implementing a suite of reforms to ISDS. The MIIR is envisaged to serve as the framework by which States may apply various innovative features in their investment disputes….
Emotion AI, also known as affective computing, is a specialized field within artificial intelligence that recognizes and interprets human emotions. This is primarily achieved through analyzing facial expressions, voice patterns, and choice of words. Having found applications in various domains such as health and defense, the market for emotion AI is experiencing substantial growth, currently…
On 11 April 2024, the Ontario Superior Court of Justice (“Court”) issued its decision in Ballantry Construction Management Inc. v GR (CAN) Investment Co. Ltd., arising from an application to enforce two arbitration awards filed by Ballantry Construction Management (the “Applicant”). The Respondent in this application, Investment Co. Ltd, sought an order setting aside the awards…
On 27 June 2024, the United Kingdom (“UK”) ratified the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“2019 Hague Convention” or “Convention”), with 1 July 2025 being the expected date of its entry into force in England and Wales. This blog post shall first…
Intellectual property (“IP“) rights are becoming increasingly valuable assets for businesses, especially for sectors like technology and life sciences. These rights can be key to a business’ success. While IP disputes have traditionally been litigated, there has been a notable shift toward ADR, including arbitration. For example, the WIPO Arbitration and Mediation Center, which specializes…
The advantages of exclusive jurisdiction agreements (“EJAs”) are well known; chiefly, that of knowing where a party can sue and be sued. In Brazil, EJAs are widely used in both cross border litigation and in the context of domestic contractual relations. Even in contracts providing for arbitration, it is typical for sophisticated parties to agree…
“Small is Beautiful”, a collection of essays by the economist E. F. Schumacher, was published first in 1973, more than 50 years ago. Schumacher’s basic thesis was that the latest, shiniest or most complex technology was not necessarily the best option for developing countries. Instead, he argued in favor of a practical, more “people-centric” approach,…
Non-disputing Party submissions (“NDPs”) have been a prominent part of the U.S. investor-State dispute settlement (“ISDS”) practice over the last twenty-five years, with an uptick in the number of recent filings. With almost a hundred NDPs filed in investment arbitrations to date (not including oral submissions, which have become a more regular practice), NDPs have…
The confidentiality of arbitrations seated in England is long-established in English law. In the absence of an express agreement to dispense with confidentiality, English law recognises an implied obligation on parties and arbitrators to maintain the confidentiality of the hearing, the award and other materials produced in the proceedings (Dolling-Baker v Merrett [1990] 1 WLR…
On 26 July 2024, the Russian Supreme Court issued a landmark ruling (the “Ruling”) outlining a novel stance on the recognition and enforcement of foreign arbitral awards. This jurisprudential shift, which is decidedly not pro-arbitration, erects new barriers for persons domiciled in countries deemed “hostile” or “unfriendly” by Russia to obtain their consideration in the…
In Fujitsu Semiconductor Ltd. v. Cypress Semiconductor Corp., No. 22-mc-80313-VKD, 2023 U.S. Dist. LEXIS 97717 (N.D. Cal. June 5, 2023), the court ruled that arbitration was proper for the parties. The court found that the parties’ arbitration clause clearly delegated power to the arbitrators to decide on the question of arbitrability, and thus, it was…
Artificial Intelligence (“AI”) is the buzzword of the day. It has crept into every pore of society, and arbitration has not evaded this trend. The main question raised by commentators and the public is whether AI will render human involvement obsolete, or at least reduce it to a bare minimum. In the context of arbitration,…
Ethiopia has been on the pursuit of market liberalization in an effort to boost economic growth. We have been witnessing a wave of new laws in Ethiopia with significant implications to a market that has long been closed to foreigners. In April 2024, a law passed by the Investment Authority opened the import, wholesale, retail…
On 12 July 2024, the Dutch Supreme Court (the “Supreme Court”) rendered its much anticipated decision on whether clauses providing for mediation as a procedural step before arbitration (or court litigation) are binding upon the parties, requiring an arbitral tribunal (or court) to decline jurisdiction to hear the case or, at least, requiring a stay…
