Arbitration Institutions and Rules, BIT, Climate change, Energy Charter Treaty, Environment, Human Rights, International arbitration, Investment Arbitration, ISDS, PCA, Permanent Court of Arbitration, Space Arbitration

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International arbitration is changing at a fast pace, and opportunities arise every day in this field. In this context, on May 25, 2021, Young Arbitral Women Practitioners, Holland & Knight, and Rising Arbitrators Initiative co-hosted a webinar to discuss emerging fields of practice for arbitration lawyers. This post offers an overview of the variety of…

Asset Management, India, Sovereign Immunity, state-owned

, (Nishith Desai Associates)/ /Leave a comment

In the last decade, fifteen cases have been filed by foreign investors against India under various bilateral investment treaties (BITs).  Of these, three major cases were spurred by the ill-reputed retrospective taxation by India in 2012, allegedly targeted towards certain foreign investors namely: (i) Vodafone International Holdings BV v. The Republic of India (Vodafone case);…

Canada, conflict of interest, Ethics, judicial review, NAFTA, National Courts, UNCITRAL Arbitration Rules

(Association ARBITRI)/ /1 Comment

The story of counsel ethics in international arbitration is very much like Cinderella’s fairytale. Once the clock struck midnight, all that remained was her glass slipper. This left the prince to search the kingdom for a maiden with the perfect fit for a “happily ever after”. Counsel ethics in international arbitration similarly involve an ongoing…

Arbitration Institutions and Rules, Austria, VIAC

, (Vienna International Arbitral Centre-VIAC)/ /Leave a comment

The Vienna International Arbitral Centre (“VIAC”) announces its most recent update to the VIAC Rules of Arbitration and Mediation (the VIAC Rules of Arbitration and Mediation 2021) taking effect on 1 July 2021. The revision of the VIAC Rules of Arbitration and Mediation was triggered by the drafting of the new standalone set of VIAC…

Consent, Ecuador, ICSID Convention, International Investment Arbitration, Ratification

(Herbert Smith Freehills) and (Herbert Smith Frehills)/ /Leave a comment

On June 21, 2021, Ecuador’s Ambassador to the United States, Ivonne Juez Abuchacra de Baki, signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention“) on behalf of the Republic of Ecuador (“Ecuador“).  With Ecuador, the number of signatory States to the ICSID Convention is now…

Appeal, Canada, Domestic arbitration

(Norton Rose Fulbright Canada LLP)/ /1 Comment

The approach historically taken by Canadian courts to playing the role of guardian with respect to domestic commercial arbitration has sometimes been both confused and confusing, a situation only cofounded by recent Supreme Court of Canada (“Supreme Court”) jurisprudence. With the release of Sattva in 2014 and Teal Cedar in 2017 , the Supreme Court…

Colombia, Counterclaims, Investment Arbitration, Latin America, Police Powers, Treaty Interpretation

(Esguerra Asesores Jurídicos)/ /Leave a comment

On 12 March 2021, a tribunal issued an award in the case of Naturgy v. Colombia (ICSID Case No. UNCT/18/1) under the Colombia-Spain BIT (2005) (the “BIT”). The decision is the first in a wave of four decisions decided in the first half of 2021 in favor of Colombia. Naturgy is noteworthy for its engagement…

Confidentiality, Courts, Malaysia

(Shearn Delamore & Co)/ /Leave a comment

Confidentiality is one of the distinctive features of arbitration and is often promoted as an advantage of arbitration. Most arbitral institutions require arbitral tribunals and parties to preserve confidentiality of arbitral proceedings. Having said that, commercial disputes which are subject to arbitration agreements most often do not simply disappear from the limelight. Quite the opposite,…

Appellate Court, Counterclaims, Exhaustion of Local Remedies, Frivolous Claims, Investment Arbitration, Reform, Third party funding, UNCITRAL

(Columbia Law School), (Georgetown Law), and (School of Law, Christ University)/ /2 Comments

Calls for investor-State dispute settlement (“ISDS”) reform have persisted for some time (see blog coverage here). Competing calls for retaining the status quo, modifying the system, or abandoning the system altogether have each gained traction. With a drastic increase in the number of investment cases being brought, accompanied by the “mega” awards, the international community…

Belarus, Public Policy, Recognition and enforcement of arbitral award

(Bureau 24 Law Group)/ /2 Comments

This blog post examines the approaches of Belarusian law and judicial practice to the application of public policy rules. Considering specific cases, the author makes suggestions for mitigating the risks to challenge of arbitral awards on the grounds of non-compliance with Belarusian public policy.   Supreme Court Resolution on Public Policy Under Belarusian law, Belarusian…

Queen Mary- White & Case Survey, Surveys, Sustainability

and (Queen Mary University of London, School of International Arbitration)/ /Leave a comment

More than a year after the World Health Organization declared COVID-19 a pandemic, we hope we are getting closer to the end of this and will soon be able to enjoy our freedom again in full. However, before going back to “normal” and resuming business as usual, we should think if there are any positive…

Group of Companies Doctrine, India

(JSA, Advocates & Solicitors) and (J. Sagar Associates)/ /Leave a comment

The use of the group of companies doctrine in India to join non-signatories to an arbitration is an interesting but underexplored topic. First, since its adoption in 2012, Indian courts have either: (i) applied the doctrine in conjunction with other doctrines including alter ego and piercing of the corporate veil, or (ii) focussed on specific…

COVID-19, HKIAC, ICC, KCAB, Remote hearings, Videoconferencing, Virtual hearings

(KCAB INTERNATIONAL) and (Peter & Kim)/ /Leave a comment

The COVID-19 pandemic continues to test nearly every industry and break the idea of “normal” in both our personal and professional lives. Even as large segments of the population receive vaccines and look forward to once again meeting friends, hugging grandparents and traveling to foreign countries, the international arbitration service industry has entered a new…

Italy, Set aside an arbitral award

(MDisputes)/ /4 Comments

Despite the prominence of Italian industry in international trade – Italy is one of the G7 countries – the country has long struggled to build a reputation in international arbitration as a reliable and arbitration-friendly seat. Italy’s court system is notoriously among the slowest in Europe, and the slowest to reach a conclusion through its…

Arbitration Agreement, judicial review, kompetenz-kompetenz, PRC, SHIAC, Validity

(Shanghai International Arbitration Center)/ /Leave a comment
Shanghai International Arbitration Center (SHIAC)

The Chinese Arbitration Act (1995) recognizes the principle of competence-competence in Article 20, under which a party challenging the validity of the arbitration agreement may request the relevant arbitration commission to make a decision or apply to the court for a ruling. Ultimately, though, it is the reviewing courts in PR China that shall have…

Abu Dhabi, COVID-19, LegalTech, MENA, Technology, UAE, Virtual hearings

(University College Cork) and (Al Tamimi & Company)/ /Leave a comment

The Abu Dhabi Global Market Arbitration Centre (“ADGMAC”) introduced its Protocol for Remote Hearings (“Protocol”) in June 2021. The Protocol provides parties, their lawyers and the Tribunal with a set of procedural and logistical arrangements for the conduct of hearings that may be conducted remotely (whether fully or in part). Previously, in September 2019, ADGMAC…

Arbitrator Challenges, English courts, Equal Treatment, French Law, Reform, UNCITRAL Model Law

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Under Article 13(3) of the UNCITRAL Model Law, a party challenging an arbitrator may ‘appeal’ a decision of the tribunal or other body hearing that challenge to a court or other authority (the “Challenge Appeal Mechanism”). The purpose of the Challenge Appeal Mechanism is to make the arbitral process more efficient by permitting judicial review…

Hague Convention on Choice of Court Agreements, New York Convention

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /2 Comments

The 2005 Choice-of-Court Agreements Convention (“Convention”) has been widely promoted by the Hague Conference on Private International Law (“Hague Conference”) and others.  This post continues the discussion in two prior posts (Part I and Part II) in this series which argued that it was inappropriate to transpose the New York Convention’s basis structure and terms…

Hague Convention on Choice of Court Agreements, New York Convention

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment

The 2005 Convention on Choice-of-Court Agreements (“Convention”) has been vigorously endorsed by the Hague Conference on Private International Law (“Hague Conference”) and others as an alternative to the New York Convention, appropriate for ratification by all states. The first post in this series discusses the Convention’s drafting history and proponents’ claim that the Convention ensures…

Hague Convention on Choice of Court Agreements, New York Convention

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment

Over the past decade, the 2005 Convention on Choice-of-Court Agreements (“Convention”) has been vigorously promoted by the Hague Conference on Private International Law’s Permanent Bureau, the European Union and others.  The Convention has been endorsed as a global instrument, appropriate for ratification by all states, that establishes an alternative to international arbitration for the resolution…

Swiss Arbitration Centre, Swiss Rules, Switzerland

(Schellenberg Wittmer Ltd)/ /Leave a comment

Undoubtedly, the date of 1 June 2021 will remain a milestone for the Swiss (and international) arbitration community. This is the date when (i) the Swiss Chambers’ Arbitration Institution (SCAI) became the Swiss Arbitration Centre (the Centre), and (ii) the revised Swiss Arbitration Rules entered into force (the 2021 Swiss Rules). The 2021 Swiss Rules,…

Procedural Fairness, Set aside an arbitral award, SIAC, Singapore, Singapore Court of Appeal, Singapore International Arbitration Centre, UNCITRAL Arbitration Rules, UNCITRAL Model Law, Witness, Witness Conferencing, Witness Statement

, (Clyde & Co Clasis Singapore)/ /Leave a comment
Clyde & Co.

In CBS v CBP [2021] SGCA 4 the Singapore Court of Appeal upheld the High Court’s ruling in CBP v CBS [2020] SGHC 23, being a rare example of the Singapore Courts setting aside an award. The arbitrator’s decision not to allow a hearing for oral witness evidence was found to be a breach of…

Journal of International Arbitration

(WilmerHale & 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:   Gary Born, Anneliese Day & Hafez Virjee, Remote Hearings (2020 Survey): A Spectrum of Preferences A detailed survey of users’ experience of remote hearings shows that, as of July 2020, in-house and external…

Construction, Construction arbitration, Expert evidence, Experts

(Addleshaw Goddard LLP)/ /Leave a comment
Jeantet

This post is a non-exhaustive summary of an online ICC YAF conference organised on 27 May 2021 primarily for the benefit of the Romanian and Moldovan practitioners, but with the participation of international practitioners having a general interest in construction arbitration in Eastern Europe. The conference comprised two panel discussions, each one debating one of…