We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Markus Burgstaller & Giorgio Risso, Due Diligence in International Investment Law The obligation to exercise due diligence – which is commonly understood as the degree of care that is legally required or that…
It’s all still to play for. After the Paris Court of Appeal refused enforcement of a Swiss arbitral award against Alstom on the grounds of corruption, the French Supreme Court has now overturned that decision, ruling that the judges misinterpreted the evidence before them. The case may now be referred to the Versailles Court of…
The World Arbitration Update conference, held on 11 to 15 October 2021, aimed to update the international arbitration community on the latest North American continental trends and developments. This blog post addresses two of the WAU’s panel discussions regarding (1) the outlook on the trends and developments in the Americas and (2) Caribbean-related arbitrations involving…
In 2021, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. From Mexico’s actions potentially triggering numerous treaty claims, to Colombia’s four consecutive victories, to Ecuador’s return to the International Centre for Settlement of Investment Disputes (ICSID) Convention. Our authors did a tremendous job covering and sharing their…
The Danish Institute of Arbitration (the DIA) updated its arbitration rules this year. The DIA Rules of Arbitration 2021 (the DIA Rules 2021) apply to arbitrations commenced on or after 13 April 2021, unless otherwise agreed. The updated rules tell us that the DIA focuses on best practice, pragmatism and efficiency, and that they bolster…
Alice, welcome back to Kluwer Arbitration Blog, and thank you for allowing us to continue our previous conversation published here in 2019. This time we would like to focus on ‘Alice Fremuth-Wolf’ as one of the leading personalities of international arbitration who has promoted and implemented modern approaches to arbitration at the Vienna International Arbitral…
Over the last few years, the courts in Qatar have been criticized from the arbitration community for having issued several rulings setting aside both domestic and foreign arbitral awards on public policy grounds. In particular, these rulings held that like court issued judgments, domestic and even foreign arbitral awards were required to be rendered in…
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. For the second year, the Yearbook publishes a selection of awards rendered under the auspices of the Arbitration Institute of the Stockholm Chamber of Commerce, the SCC. The ten awards, rendered between February 2019 and April 2021, deal with a variety of substantive and…
The Kingdom of Tonga is dedicated to furthering the development of arbitration. A little more than a year ago, this blog published a post reporting that Tonga had acceded to the New York Convention on 12 June 2020. The New York Convention came into force for Tonga on 10 September 2020, and exactly three months…
This entry is the last in a series of three regarding issues faced by arbitral and financial institutions as a result of restrictions on transfers of funds under primary and secondary sanctions programmes. In the first post, the authors addressed the impact of asset freezes on arbitral institutions and their banks, while the second post…
Benno Kimmelman is an independent arbitrator and active in the New York arbitration community. He teaches international arbitration and international litigation courses at Brooklyn Law School, Georgetown University Law Center, and American University’s Washington College of Law. Edna Sussman is a New York-based arbitrator and mediator. She is the Distinguished ADR Practitioner in Residence at…
On November 15, 2021, the AAA-ICDR hosted a webinar entitled “In-House Counsel’s Virtual Roundtable” as part of New York Arbitration Week. The webinar focused on the use of alternative dispute resolution in the oil and gas industry. The panel was moderated by Eric P. Tuchmann, the Senior Vice President, General Counsel and Corporate Secretary for…
On November 16, 2021, during New York Arbitration Week 2021, several committees of the New York City Bar Association hosted a panel discussion entitled “Dispelling Myths: Enforcement of Latin American Arbitration Awards in the United States and U.S. Arbitration Awards in Latin America,” which focused on enforcement of foreign arbitral awards in the United States,…
During New York Arbitration Week 2021, the New York International Arbitration Center (“NYIAC”) and the Chartered Institute of Arbitrators (“CIArb”) New York branch hosted two panels dedicated to the theme of “Getting It Right in International Arbitration.” This post presents some highlights. Getting it Right: How Arbitrators, Counsel, and Institutions Can Improve the Quality…
This year’s theme for the New York Arbitration Week (“NYAW”) was “getting it right.” It invited ArbitralWomen and the Young International Arbitration Practitioners of New York (YIAP-NY), the latter in partnership with the New York International Arbitration Center (NYIAC), to reflect on the challenges but also new opportunities that the past year has presented to…
The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Australia, New Zealand and the Pacific Islands. 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…
At the time the New York Convention (1958) and the UNCITRAL Model Law (1985) were being drafted, the possibility of sophisticated technology rather than natural persons running and controlling an arbitration must have seemed far-fetched. But, at the same time, the language employed in both the Convention and the Model Law did not expressly exclude…
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. A new upload of materials for the 2021 volume of ICCA’s Yearbook Commercial Arbitration is now available on the KluwerArbitration website. The upload consists of 22 decisions from 15 countries and includes, among others, an update of Belarusian jurisprudence on the 1958 New York…
In a recent judgment of the General Court (the “GC”) in joined cases – T-639/14 RENV, T-352/15 and T-740/17, the question of the clash between EU law (in this case, state aid legislation) and arbitration was discussed. Not surprisingly, from an EU law standpoint, the EU Courts once again found that in case of such…
Most international arbitration institutions have already adopted regulations concerning the roles of tribunal secretaries and scope of their duties. Although this topic has not been on the radar for some time now, several incoming court decisions are likely to reverse this trend. This post sets out a few critical views on the current practice in…
On 27 October 2021, Young ITA organised an event on the topic of “The Psychology of Witness Evidence and its Role in Tribunal Decision-Making”, hosted by Allen & Overy in London. Katrina Limond (Young ITA UK Chair, Allen & Overy London) and Robert Bradshaw (Young ITA UK Vice-Chair, Lalive London) led a roundtable discussion panelled…
In June 2020, the Swiss Arbitration Association (ASA) launched its much-awaited Arbitration Toolbox, an online and interactive tool that guides a user through the various stages of an arbitration. Initially the brainchild of former ASA President, Elliott Geisinger, the Toolbox was brought to fruition under the presidency of the current ASA President Felix Dasser. The…
The EU-China Comprehensive Agreement on Investment (CAI), agreed in principle in December 2020, was announced with great fanfare. Forged after seven years of negotiations between the world’s current largest trading block (the EU) and the country expected to have the world’s largest economy by the end of this decade (China), the CAI was set to…
This post shares a development of potential significance, i.e., the drafting of the Sustainable Investment Facilitation & Cooperation Agreement (SIFCA), a next-generation model bilateral investment treaty (BIT) developed for The Gambia, a sovereign State in West Africa and one of the world’s least developed countries (LDCs). This post continues the discussion raised in January 2021,…
