Arbitration Tech Toolbox, Cybersecurity, Cybersecurity Protocol, Independence and Impartiality, Online Dispute Resolution, Social media, Technology

, (CyberArb)/ /Leave a comment

Social media are meant to facilitate connections. They make it possible to meet inspiring people from all over the world, especially now that we are subject to travel bans due to the protracted sanitary emergency. Connections are indeed a wonderful asset. However, as professionals involved in disputes, have we reflected thoroughly on how these connections…

Arbitration Proceedings, Authentication, Enforcement, Foreign arbitral awards, Mexico, Recognition and enforcement of arbitral award

, , , (CAMYA Abogados)/ /Leave a comment

In the constitutional lawsuit (amparo) with court docket number 7856/2019, the First Chamber of the National Supreme Court of Justice analyzed the constitutionality of Article 1461, second paragraph, of the Commercial Code, which states, in its relevant part, that a party interested in enforcing an arbitration award must file the original arbitral award “duly authenticated”.1)Precedent…

Civil Procedure, Costs, Enforcement, Hong Kong, Set aside an arbitral award, Singapore

(Queen Mary University of London)/ /1 Comment

Where a plaintiff unsuccessfully applies to set aside an arbitral award or resist enforcement of the same, should the costs of the application, as a default rule, be awarded to the defendant on a standard or indemnity basis? The recent string of Singapore decisions on BTN v BTP address this question from a Singapore perspective….

ACICA, Arbitration, Australia, Med-Arb, Mediation

(University of Sydney & Williams Trade Law)/ /1 Comment

New arbitration rules for the Australian Centre for International Commercial Arbitration (ACICA) came into force on 1 April 2021. The 2021 ACICA Rules update the 2016 Rules outlined here to bring them in line with other major institutional rules. Changes include express provisions regarding “e-arbitrations” (e.g. Rule 14) and to consolidate proceedings even in “chain…

Japan, Japan Commercial Arbitration Association, JCAA, Third party funding

(Nishimura & Asahi)/ /Leave a comment

The economic turmoil brought about by the COVID-19 pandemic will undoubtedly give parties pause in weighing the potential benefits of pursuing an arbitration claim, no matter how strong it is believed to be.1)The author thanks and acknowledges Mr. Akihiro Hironaka and Mr. Mihiro Koeda for their comments on this piece. Yet international disputes and arbitration…

France, Netherlands, Paris Court of Appeal, Recognition and enforcement of arbitral award, Russia, State entity, Uncategorized, United States, United States Courts, Yukos

(Russian Arbitration Association)/ /Leave a comment

The dispute between the former owners of the Yukos oil company and the Russian Federation concerning damages of more than US$50 billion is the largest in the history of arbitration. With thousands of pages written on the topic, the dispute has been summarized in earlier posts (see, amongst others, here and here). Following three arbitrations…

Apparent bias, Appointment of arbitrators, Bias, Deepwater Horizon, Impartiality, UK, UK Supreme Court, Uncategorized, Unconscious Bias

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YIAG

In November last year, the UK Supreme Court (the “Court”) pronounced judgment in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48. It held, among other things, that there was a duty of disclosure for arbitrators in English law. Recognizing the importance of the principle of party autonomy, the Court concluded that parties could,…

Yearbook Commercial Arbitration

(General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/ /Leave a comment

Subscribers of KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The first upload of materials for the 2021 volume of the Yearbook contains a small selection of interesting cases. These are my favorites. First, the French Cour de cassation and the United States District Court for the Western District of Washington both dealt with…

Arbitration, Belgium, Commercial Court of Paris, Commercial Courts, commercial litigation, France, Netherlands, Netherlands Commercial Court

(Freshfields Bruckhaus Deringer LLP) and (Linklaters LLP)/ /2 Comments

Over the last few years, the arbitration community’s attention was drawn to the establishment of English-speaking international commercial courts in various jurisdictions around Europe, Asia and the Middle East. Some said these courts would become a competitor of arbitration, providing an alternative forum to the international business community. Others were sceptical that the mere promise…

investor-State arbitration and mediation, Med-Arb, Mediation

(Singapore International Dispute Resolution Academy)/ /Leave a comment

It is important to first define what are hybrid mechanisms in international dispute resolution. As Voltaire once stated, ‘If you wish to converse with me, define your terms’.  Hybrid mechanisms refer to processes that involve and combine more than one dispute resolution mechanism. Hybrid mechanisms take a variety of forms. By way of illustration, Singapore…

CJEU, Energy Charter Treaty, International arbitration, International Investment Arbitration, Intra-EU BITs, Intra-EU Investment Arbitration, Investment Arbitration

(European Institute, London School of Economics)/ /Leave a comment

Intra-EU investment agreements and arbitration have been a highly divisive issue in European policy circles for decades. The European Commission has been forcefully pushing for the termination of these agreements since the early 2000s. It criticised inter alia that intra-EU investment agreements and arbitration undermine the European legal order and create inequality among European investors…

Arbitrator Intelligence, COVID-19, Cybersecurity, Discovery, Interview of our editors, Technology, Virtual hearings

(Simmons & Simmons)/ /Leave a comment

Hello, World!   Big Tech is a term more commonly used to describe the largest and most dominant technology companies. No doubt Big Tech’s technology has been making extensive and significant impact on our day-to-day lives. The impact of arbitration tech on the arbitration world has also been noticeable. As our readers would know our…

Arbitration, COVID-19

(Greenwood Arbitration), (Sopra Legal), and (Covington & Burling LLP)/ /Leave a comment

The Campaign for Greener Arbitrations was founded by Lucy Greenwood in 2019 with the goal of reducing the carbon footprint of international arbitrations.  Led by a Steering Committee comprised of various stakeholders from the arbitration community, the Campaign produced a set of Guiding Principles outlining suggested actions to this end. While the Guiding Principles define broader…

Africa, Arbitration Agreement, Tanzania, Tanzania Arbitration Centre, Tanzania Institute of Arbitrators

(University of Munich) and (Taylor Wessing)/ /1 Comment
YIAG

With the coming into force of the 2020 Arbitration Act, Tanzania certainly has the potential to become a go-to place for international arbitration, at least in Eastern Africa. In addition to its favourable geographical location, now the country also has modern arbitration legislation largely based on the well-established and often tested English model. Section 1…

Arbitral Appointments, Diversity, Equal Treatment, International arbitration

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The launch of Racial Equality for Arbitration Lawyers (REAL) took place on 18 January 2021.The date to launch this initiative coincided with Martin Luther King’s Day, to commemorate the birth of this influential civil rights leader, known for his fight for racial equality. The initiative is led by Kabir Duggal, Rekha Rangachari, and Crina Baltag,…

Enforcement, India, Interim measures, UNCITRAL Model Law

, (Pallav Mongia Law Chambers )/ /2 Comments

Similar to Article 9 of the UNCITRAL Model Law (the “Model Law”), Section 9 of India’s Arbitration and Conciliation Act, 1996 (“the Act”) entitles the parties to arbitration proceedings to obtain interim relief from courts. However, there is one major difference between these two provisions. Article 9 of the Model Law allows parties to obtain…

AfCFTA, AfCFTA Investment Protocol, Africa, Amicus Curiae, Cultural heritage, India, Investor-State arbitration, ISDS

(Africa Arbitration Academy )/ /5 Comments

Many will recall the historic ruling of Justice Neil Gorsuch in McGirt v. Oklahoma (2020), where the United States Supreme Court upheld an 1866 treaty between the United States and the Muscogee (Creek) Nation, which established the Muscogee Nation’s geographic borders. The Court decided that much of current Eastern Oklahoma is to remain Indian land…

Arbitral Tribunal, Arbitrators

(Von Wobeser y Sierra, S.C.)/ /Leave a comment
Rising Arbitrators Initiative (RAI)

On 24 March 2021, the Rising Arbitrators Initiative (RAI) held the fourth session of its webinar series “The Rising Arbitrator’s Challenge: Navigating the Promise and Perils of Your First Appointments”. This fourth conference focused on the challenges that first appointments bring to arbitrators in Latin America and has brought together both young and more seasoned…

Arbitration, Arbitrators

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On the unexpected passing of Emmanuel Gaillard at age 69, Kluwer Arbitration Blog reached to practitioners around the world, asking them to share how Emmanuel Gaillard influenced them or the practice of international arbitration.   It would have been impossible to canvass everyone who has been touched in some way by Emmanuel Gaillard.  Hopefully, the comments…

Appeal, Appointment of arbitrators, India, Judicial intervention

(Gujarat National Law University)/ /Leave a comment

In a March 2021 decision, Pravin Electricals Pvt. Ltd. v. Galaxy Infra and Engineering Pvt. Ltd. (“Pravin Electricals”), a three-judge bench of the Supreme Court (the “Court”) shed light on an “anomaly” that exists in the operation of Sections 8 and 11 of the Arbitration and Conciliation Act, 1996 (the “Act”). The Court clarified its…

Arbitration, Chile, Colombia, ICSID, Investment, Investor, Mexico, Peru, State

(Payet, Rey, Cauvi, Pérez Abogados) and (Ministry of Economy of Mexico)/ /Leave a comment

On November 26, 2020, the #YoungITATalks session took place with the participation of representatives from government offices of different countries: Mairée Uran Bidegain (Chile), María Paula Arenas Quijano (Colombia), Cindy Rayo Zapata (Mexico) and Ricardo Ampuero Llerena (Peru). All panelists are or, at some point, were responsible for organizing and preparing the defense of States…

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:   Richard Garnett, Article 5 of the Model Law: Protector of the Arbitral Process? The question of judicial intervention remains highly significant in international commercial arbitration. Article 5 of the Model Law was included…

Consumer contracts, Consumer disputes, Vietnam

(University of Economics and Law, Vietnam National University)/ /Leave a comment

Around the world, there are divergent approaches towards the enforceability of arbitration agreements in consumer contracts. Vietnamese laws protect consumers, who are buyers or users of goods or services for consumption or daily activities, against mandatory arbitration. The Council of Justices of the Supreme People’s Court (“Council”) recently adopted a court decision as a Precedent…

ASA Bulletin

(Editor in Chief, ASA Bulletin; LALIVE) and (LALIVE)/ /Leave a comment

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:   ARTICLES Felix DASSER, Lessons from Echternach In his message, ASA President Felix DASSER looks at recent developments and observes that for every two steps forward in international arbitration, there is one…