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Conflicts of interest, COVID-19, Ethics, IBA Guidelines on Party Representation, LCIA Guidelines for Parties' Legal Representatives, LCIA Rules, Vis Moot, Willem C. Vis Moot

The 2020 Vis Moot: Facing Emerging Challenges, While Continuing to Hone Best Practices in Procedure and Ethics

Ana Carolina Dall'Agnol (University of Oxford) and Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/March 22, 2020March 26, 2020 /Leave a comment

…national rules cannot be relied upon to exclusively regulate counsel behavior in international arbitration, arbitral institutions are uniquely positioned to lead this debate by formulating common standards and rules regulating…

Arbitration, Arbitration Institutions and Rules, Diversity

Young Female Practitioners Breaking into the World of International Arbitration

Anna Rivetti, Diana Santana/March 21, 2020March 22, 2020 /Leave a comment

Young ICCA

Late last year, Herbert Smith Freehills Seoul and Kim & Chang held a “Women in Arbitration” Networking-Dinner and panel discussion as part of the Seoul ADR Festival 2019. The dinner…

BIT, Brazil, India

India, Brazil Ink Novel Investment Treaty: Is Dispute Prevention the Way Forward?

Ishaan Madaan/March 21, 2020March 22, 2020 /Leave a comment

Young ICCA

…the committee. But going beyond, the largely autonomous committee would, inter alia, be empowered to mediate for amicable disputes concerning investments and also, supplement rules for arbitral dispute settlement between…

Arbitration, Arbitration Agreement, Arbitration Agreements, BIT, India

India-Brazil Bilateral Investment Treaty – A New Template for India?

Prabhash Ranjan (Jindal Global Law School)/March 19, 2020March 17, 2020 /1 Comment

…indirect expropriation claims. Brazil believes that rules on indirect expropriation open the gates for abusive claims by foreign investors that limit a State’s capacity to adopt regulatory measures to pursue…

Court Assistance, Emergency Measure, ICC Arbitration Day, Interim Order, Turkey

Enforceability of Emergency Arbitrator Orders in Turkey and Take-Aways from the 15th ICC Turkey Arbitration Day 2020

Fatih Isik ( Işık & Partners Law Firm) and Melissa Balikci, Ayca Bengu Koksal (Erdem & Erdem)/March 18, 2020March 17, 2020 /Leave a comment

…courts’ approach. This post aims to give a summary of the discussions held in this session. Enforceability of interim reliefs and emergency measures under the applicable rules Prof. Dr….

BIT, Climate change, International agreement, Investor-State arbitration, Sustainable economy

Combating Climate Change: The Role Of Investor-State Arbitration In Africa

Wynne Lawrence, Rosalyn Smith (Clyde & Co LLP)/March 17, 2020March 17, 2020 /Leave a comment

…not proceed, and as a supra-national means of holding states to account, it is an important tool in promoting free, fair, and rules-based international trade and commerce. Furthermore, present concerns…

Set aside an arbitral award, Supreme Court, Ukraine, UNCITRAL Model Law

Quo Vadis Supreme Court of Ukraine?

Kateryna Tsirat (Jursvneshservice)/March 16, 2020March 17, 2020 /Leave a comment

…appear in the arbitration proceedings, though they were notified according to the ICAC Rules and the Law of Ukraine on International Commercial Arbitration (Law on ICA) that in its totality…

Egypt, empirical data, ICSID Arbitration, International Investment Arbitration

After 48 Years at ICSID (1972-2020): An Overview of the Status of Egypt in ICSID Arbitrations

Ahmed Bakry (Egyptian Ministry of Justice)/March 15, 2020March 17, 2020 /Leave a comment

…amicably settle investment disputes. Interestingly, 9 of the cases (i.e. 69%) were discontinued according to article 43(1) ICSID Arbitration Rules, based on the request of both parties. These findings might…

Arbitral Tribunal, Arbitration, Arbitration institution, Arbitration Institutions and Rules, ICSID, ICSID Amendments, ICSID Arbitration, ICSID Procedure, ICSID Proceedings, International Investment Arbitration, Investment Arbitration, ISDS, ISDS Reform, Reform

The ICSID Reforms and Working Paper 4: Push or Pull?

Ylli Dautaj (Durham Law School) and Esmé Shirlow (Associate Editor) (Australian National University)/March 14, 2020March 17, 2020 /Leave a comment

…Facility Rules. The Working Paper is the fourth in a series of working papers, preceded by Working Papers 1 (August 2018), 2 (March 2019), and 3 (August 2019). The reform…

Georgia, Impartiality, Independence, Independence and Impartiality, Institutional Arbitration, Institutional Rules, Interim measures, Unconscious Bias

Avoiding Potential Bias in the Handling of Interim Measures Applications in Georgia

Vakhtang Giorgadze (Singapore International Dispute Resolution Academy)/March 10, 2020March 9, 2020 /Leave a comment

…the arbitral institution (who is most likely the president of the arbitral institution) will decide whether the request should be granted. None of the rules require that an independent person…

Arbitration, Climate change, Environment

Climate Change, the Environment and Commercial Arbitration

Susan Field, Helin Laufer (Herbert Smith Freehills LLP)/March 9, 2020March 9, 2020 /Leave a comment

Herbert Smith Freehills

…example, at an early procedural conference) that such costs may be claimed by the tribunal in question, irrespective of the applicable institutional rules or guidance. An overall appraisal Given…

Arbitral Tribunal, Arbitration, Arbitration Agreement, Arbitration Agreements, Financial Industry, Lebanon

The Ongoing Lebanese Financial Crisis: Is There Potential For Investor-State Arbitration?

Michael Farchakh (Hadef & Partners)/March 8, 2020March 9, 2020 /Leave a comment

…one alternative to ICSID arbitration, usually in the form of arbitration under the rules of UNCITRAL, the International Chamber of Commerce, the Stockholm Chamber of Commerce, or the Cairo Regional…

Arbitration Agreement, India, Judicial intervention, United States Courts

Is A Delegation Clause the Answer to Pre-Arbitral Judicial Interference in India?

Kishan Gupta, Parimal Kashyap (Dr. Ram Manohar Lohiya National Law University Lucknow)/March 6, 2020March 4, 2020 /Leave a comment

…a delegation clause should be expressly alleged, and the party should not generally challenge the arbitration agreement. Recently, arbitration clauses that refer to institutional rules acknowledging ‘competence-competence’ have also been…

Achmea, CJEU, International arbitration, Intra-EU BITs, ISDS, Supreme Court of Sweden

Keeping Intra-EU ISDS Alive: The Supreme Court of Sweden Requests Preliminary Ruling from the CJEU on Validity of Arbitration Agreement in Light of Achmea Decision

Jake Lowther (SCC Arbitration Institute)/March 5, 2020March 4, 2020 /1 Comment

…SCC Rules 2010. In 2019, the Svea Court of Appeal dismissed Poland’s challenge to the award (Case No. T 8538-17; T 12033-17). According to the Svea Court of Appeal, the…

ADR, Arbitration Industry, Arbitration institution, Arbitration Institutions and Rules, Interviews with Our Editors, USA

Interviews with Our Editors: The ICDR in the Spotlight with Luis Martinez, Vice President of the ICDR

Ulyana Bardyn/March 4, 2020March 2, 2020 /Leave a comment

International Centre for Dispute Resolution (ICDR)

…main Rules. This means they are applied in conjunction with the main Rules, so long as there is no direct conflict with the main Rules. The ICDR has managed expedited…

Arbitration, Blockchain, Diversity, Transparency

Twenty-First Century Arbitration: Who Do You Trust?

Sophie Nappert (3 Verulam Buildings & ArbTech) and Avani Agarwal/March 2, 2020March 2, 2020 /5 Comments

…the Prague Rules, which aim to provide a civil-law oriented alternative to the IBA Rules on the Taking of Evidence in international Arbitration. The criticism about diversity can be understood…

Arbitration institution, Arbitration Pledge, Diversity, Gender equality, International arbitration, The Pledge

Is Increasing Gender and Ethnic Diversity in Arbitral Tribunals a Valid Concern?

Payel Chatterjee (Trilegal) and Vyapak Desai (Nishith Desai Associates)/March 1, 2020March 2, 2020 /2 Comments

…shift to institutional framework in arbitration is paramount. If not the statute, the institutional rules can definitely provide an option, (keeping in mind party-autonomy), to have an arbitrator on a…

Arbitration, CAM, DIS, Emergency Arbitrator, Germany, Interim measures, Italy

“Do You Know the Land Where Lemon Blossom Grows?” – Journey into the Italian Arbitration Rules on Interim Measures

Martina Magnarelli (Seven Summits Arbitration)/February 26, 2020February 25, 2020 /1 Comment

…do not apply insofar as the institution administers the arbitration.5)Ibid. A Step Forward: Article 26 CAM Rules 2019 On 1 March 2019, the new CAM Rules entered into force…

Artificial Intelligence, Document Production, Efficiency, International arbitration, Predictive Coding

Artificial Intelligence, A Driver For Efficiency In International Arbitration – How Predictive Coding Can Change Document Production

Claire Morel de Westgaver, Olivia Turner (Bryan Cave Leighton Paisner LLP)/February 23, 2020February 22, 2020 /Leave a comment

Bryan Cave Leighton Paisner LLP

…should be searched efficiently is also reflected in Article 3.3(a)(ii) of the IBA Rules on the Taking of Evidence in International Arbitration (the “IBA Rules”). Why use predictive coding…

Arbitration Agreement, Energy Charter Treaty, Russia, Treaty Interpretation, UNCITRAL, Vienna Convention on the Law of Treaties, Yukos

Revival Of The Yukos Awards Against Russia Following The Decision Of 18 February By The Court Of Appeal In The Hague

Marike R. P. Paulsson (Albright StoneBridge Group)/February 22, 2020February 22, 2020 /2 Comments

…the Russian Federation (para 4.6.1). The Court holds that Article 26 ECT provides for international arbitration under the UNCITRAL Rules for violations of ECT provisions. It does not accept Russia’s…

Enforcement, ICSID, Intra-EU Investment Arbitration, Investment, Micula, UK Supreme Court

Micula Case: The UK Supreme Court Rules That The EU Duty Of Sincere Co-operation Does Not Affect The UK’s International Obligations Under The ICSID Convention

Guillaume Croisant (Linklaters)/February 20, 2020February 20, 2020 /Leave a comment

…rules to this situation. This allowed the court to avoid discussing the relationship between EU law and intra-EU investment arbitration, by ruling that “in the present case, the arbitral tribunal…

Construction, Construction arbitration, Exclusionary Clauses, India, International Arbitration Procedures, International Commercial Arbitration, SCL-CIArb, UAE, UNIDROIT Principles of International Commercial Contracts

Delay and Damages in Construction Contracts: A Report from the 4th SCL-CIArb-India International Conference on Construction Law & Arbitration

Ashish Virmani/February 18, 2020February 17, 2020 /Leave a comment

…that there is a disparity in the approaches of various jurisdictions on issues pertaining to construction contracts, a closer examination would reveal that the niche rules applicable to them are…

Arbitrator Challenges, Garcia Armas, Halliburton, Impartiality, Non-disclosure

Challenges To The Appointment Of An Arbitrator: What Is The Effect Of Non-Disclosure?

Joe Rich (WilmerHale)/February 17, 2020February 17, 2020 /Leave a comment

The award in Serafín García Armas and others v. Venezuela (PCA Case No.2013-3) (administered under the 1976 UNCITRAL Rules) was released in April 2019. This post refers to two decisions…

Arab World, Dispute Resolution, International dispute resolution, International Law, Iran, United States

The Dispute Resolution Mechanism that Could Lead to the Snap Back of Iranian Sanctions

Georges Affaki (AFFAKI)/February 16, 2020February 17, 2020 /1 Comment

…to the UN rules of confidentiality. The Joint Commission would have 15 days to resolve the issue, but can extend that time period by consensus. The JCPOA does not indicate…

Kluwer Arbitration Blog

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