2020 In Review, Arbitrator's mandate, Corruption, Disclosure, Economic Sanctions, Enforcement, France, Immunity, Independence and Impartiality, kompetenz-kompetenz

(Laborde Law) and (Talma Dispute Resolution)/ /Leave a comment

The pandemic did not prevent French courts from bringing their share of arbitration-related developments, although they remained almost inactive from March to June. This post succinctly reviews some of 2020’s noteworthy developments.   Important Decisions of the Paris Court of Appeal’s International Section Operational since March 2018, the International Chamber of the Paris court of…

Arbitration, Disclosure, Domestic Courts, Emergency Arbitrator, Public Procurement, State Aid, Tender Dispute, UNCITRAL Model Law

, (Freshfields Bruckhaus Deringer LLP)/ /Leave a comment

Competitive tendering for construction and engineering contracts is an essential element of business for the industry. Huge expenditure is devoted to public infrastructure projects and effective competition is essential to achieve value for money and appropriate use of public funds. The World Bank estimates that Governments worldwide spend US$9.5 trillion in public contracts every year….

Arbitration, Consent awards, Corruption, Enforceability, France, International Public Policy, Libya, UNCITRAL Arbitration Rules

(Signature Litigation Paris) and (Signature Litigation LLP)/ /Leave a comment

The dispute involving the State of Libya and French company SORELEC was heard by the Paris Court of Appeal in the context of a much lower tolerance for bribery and corruption in domestic and international affairs than ever before. France has indeed significantly strengthened its anti-corruption framework since adopting the so-called “Sapin II” law in…

Advocacy, Arbitration Industry, Best practices, Civility, Ethics, ICCA, Kluwer Podcast, Podcast, sociology of international arbitration

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law, and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode,…

Arbitrators, Code of Conduct, Disclosure, Diversity, ISDS, ITA, Liability, UNCITRAL Model Law

(Esguerra Asesores Jurídicos)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The ITA (Institute for Transnational Arbitration) – ALARB (Latin American Society of Arbitration) Americas Workshop took place virtually on 2-4 December 2020. The conference focused on the role of arbitrators, their liabilities, challenges, and the need for increased diversity efforts. The conference was co-chaired by Julie Bédard (Skadden, New York), and Maria Inés Corrá (Bomchil, Buenos…

2020 In Review, Arbitrability, Arbitration institution, Armenia, China, COVID-19, Document Production, Enforcement, Free Trade Zones, Georgia, HK Arbitration Week, Hong Kong, Interim measures, Japan, Macau, South Korea, Virtual hearings

, and (Peter & Kim)/ /Leave a comment

In spite of unfamiliar challenges that emerged in 2020, arbitration progress in East and Central Asia has persisted. In this post, our East and Central Asian editorial team recapitulates major arbitration trends and developments of the region featured in the past year from the perspectives of national and interstate policies, judicial and legislative changes, as…

Enforceability, Foreign arbitral awards, Judicial delay, New York Convention, Recognition

(Hulbert Volio Montero) and (Aguilar Castillo Love)/ /Leave a comment

Approximately a year ago, on 19 December 2019, the First Chamber of the Supreme Court of Costa Rica recognized an ICC arbitration award rendered on 10 June 2016 by a tribunal seated in Miami. This case, one of the very few where the New York Convention (“NY Convention”) has been applied by a State court…

Energy Charter Treaty, Fair and Equitable Treatment, Uncategorized

(Nyenrode Business University)/ /Leave a comment

Traditionally, one of the central pillars of the FET standard has been the protection of legitimate expectations. Legitimate expectations can be either based on a host state’s specific representations provided to the investor, or, under certain conditions, such expectation can be based on the regulatory framework that existed at the time of making the investment….

2020 In Review, BIT, Brexit, COVID-19, Due process, foreign direct investment, Human Rights, International agreement, Investment Arbitration, ISDS, ISDS Reform

(Georgetown Law) and (Columbia Law School)/ /Leave a comment

It will come as no surprise to the readers of this blog that the ongoing COVID-19 pandemic has had a significant impact on international arbitration (see blog coverage here).  In this post, we take a look back at 2020 to consider the intersection of the pandemic, investment, and human rights.  In February 2020, one of…

Arbitration Industry, Arbitrator Intelligence, Careers in Arbitration, ICCA, Interviews with Our Editors, Podcast, sociology of international arbitration, Technology

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Director Content and Market Development, Wolters Kluwer Legal & Regulatory, International Group)/ /Leave a comment

Gwen de Vries is Director of International Group Content & Market Development at Wolters Kluwer Legal & Regulatory, U.S. (‘Wolters Kluwer’). She has decades of experience and expertise in information services, focusing on the international legal market, including international arbitration. Among other projects, Gwen leads the team behind Kluwer Arbitration, Wolters Kluwer’s development of content…

Australia, Energy, Energy Charter Treaty, Investment Arbitration, Renewable energy

(Herbert Smith Freehills LLP) and (Herbert Smith Freehills)/ /1 Comment
ACICA 45

The Renewable Energy Target (RET), Australia’s key policy instrument for encouraging electricity generation from renewable sources, has been described as a policy hampered by politicisation. Notwithstanding such criticism, in 2019, it was reported that Australia’s energy system is undergoing the transition to renewables faster than any other country in the world.1)Blakers et al., (2019) “Pathway…

Arbitration Institutions and Rules, Banking and Finance, P.R.I.M.E. Finance, PCA

(AFFAKI)/ /Leave a comment

What makes disputes in banking and finance different? After all, like most commercial disputes, their determination often requires the interpretation of contracts, deciding whether a party is liable in contract or tort, and quantifying damages. Furthermore, financial institutions are, in many respects, no different from other commercial parties to disputes. Yet, in practice banking and…

Africa, Diversity, ICC, Interviews with Our Editors, ISDS Reform, Working Group III

(University of Oxford)/ /Leave a comment

Ndanga Kamau is a Vice President of the International Chamber of Commerce (ICC) International Court of Arbitration and the President of the ICC Africa Commission. She is an international lawyer who specialises in international dispute settlement and international law. She sits as arbitrator and represents clients in international disputes. She also provides consultancy work and…

Arbitration institution, International tribunals, Investment Arbitration, Investment Disputes, investor-State arbitration and mediation, Mediation, Mediation and Dispute Management, UNCITRAL, Working Group III

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

There may have been a lot of government restrictions limiting physical gatherings this year, but these restrictions surely did not limit our enthusiasm in gathering (virtually and intellectually) for the first-ever United Nations Commission on International Trade Law (‘UNCITRAL’) Working Group III (‘WGIII’) Pre-Intersessional Meeting. The virtual event, with the theme “The Use of Mediation…

Brazilian Arbitration Journal

(Lee Taube Gabardo; Editor in Chief, Brazilian Arbitration Journal)/ /Leave a comment

In this issue, the Brazilian Arbitration Journal pays tribute to Professor Theophilo de Azeredo Santos, one of the pioneers of arbitration in Brazil, in a Note In Memoriam by Selma Ferreira Lemes and Fabiane Verçosa. This edition also marks the last one coordinated by our Editor-in-Chief Flavia Mange, who has diligently and competently directed the…

Arbitration, Counsel, Guaidó, Venezuela

(AFALEGAL S.C.)/ /2 Comments

Nicolas Maduro was “reelected” President of Venezuela for the constitutional period from 2019 to 2025. This presidential election was the subject of serious questions by large representative sectors of Venezuelan society, as well as by the United States, the European Union, and most Western Hemisphere countries. Given this situation, Juan Guaidó, as head of the…

2020 In Review, Annulment, Appeal, Arbitration Awards, Arbitration Institutions and Rules, Bankruptcy and arbitration, Brazil, Chile, Colombia, Commercial Arbitration, Confidentiality, Corruption, COVID-19, Duty to Disclose, Emergency Measure, Enforcement, Judicial intervention, Latin America, Mexico, Peru, Transparency, Venezuela

(Herbert Smith Freehills)/ /Leave a comment

Corruption, annulment of arbitral awards and court intervention mark the main developments for 2020 in Latin America.  Our contributors this year reported on the most important judicial decisions and legislative measures impacting the legal framework of various jurisdictions in the region. A new ‘hot topic’ arising from the COVID-19 pandemic is the interplay between arbitration…

COVID-19, Swiss Civil Procedure Code, Swiss Private International Law Act, Switzerland, Virtual hearings

(CMS von Erlach Poncet Ltd.) and (Higher Regional Court of Frankfurt )/ /Leave a comment

On 6 July 2020 the Swiss Federal Tribunal has issued a decision in which it has held that the COVID-19 pandemic does not serve as a sufficient justification to impose virtual hearings in state court proceedings against a party’s will. With a view to field of arbitration, the question thus arises whether the respective reasoning…

Arbitration Institutions and Rules, Commercial Arbitration, COVID-19, Interview of our editors, Interviews with Our Editors, Latin America, Mexico

(Herbert Smith Freehills) and (Locke Lord LLP)/ /Leave a comment

Welcome to the Kluwer Arbitration Blog, Ms. Sámano!  We are grateful for this opportunity to learn more about the Arbitration Center of Mexico – CAM; the type of disputes it handles and the way it is addressing recent developments, such as the COVID-19 pandemic and the adoption of new policies from the Andrés Manuel López…

Environment, Morocco, Virtual hearings, Webinar

(Concepción Global, PLLC, Universidad Complutense de Madrid), (Université Paris 1 Panthéon-Sorbonne), (Afrique Advisors Correspondent of Mayer Brown), and (University Cadi Ayyad)/ /Leave a comment

The Casablanca International Mediation and Arbitration Centre (“CIMAC”) convened its sixth edition of the Casablanca Arbitration Day (“CAD”) on December 3, 2020. The virtual CAD presented four panels focusing on one burning issue: “Is Arbitration Helping or Hindering the Protection of the Environment and Public Health?” This question deepens the discussion focused on during the…

COVID-19, Energy Charter Treaty, ICSID Convention, Insolvency

, (LIPMAN KARAS)/ /Leave a comment

COVID-19 has already destroyed many businesses, and insolvencies will only increase as governments withdraw temporary protections. Recent decisions highlight the potential for external administrators of these insolvent companies to use investment treaty arbitration to recover assets, even from the state that appointed the administrators. Generally, external administrators are appointed by directors, creditors or courts to…

2020 In Review, Code of Conduct, ISDS Reform, Singapore Convention on Mediation, UNCITRAL WG III Series

(Australian National University) and (Durham Law School)/ /1 Comment

Introduction In spite of delays and shifting priorities owing to the pandemic, institutional efforts to reform the investor-state dispute settlement (ISDS) regime have continued throughout 2020. In this post, we look back at our coverage of the work of UNCITRAL Working Group III (“WGIII”) on investor-State arbitration reform, especially in light of the 2021 reform…

Arbitration, Brexit, EU-UK dispute settlement, European Union, Investment Arbitration, State-State Dispute Settlement, State-to-state arbitration

, , (Linklaters LLP) and (Linklaters)/ /1 Comment

The EU-UK Trade and Cooperation Agreement (“TCA”), concluded on 24 December 2020 and provisionally applicable since the end of the transition period on 31 December 2020, regulates the relationship of the EU and the UK after Brexit. It forms a basis for an evolving relationship between the Parties and may further change, depending on scrutiny…

Due process, Public Policy, Transparency

(White & Case LLP), (Derains & Gharavi), and (Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment
Rising Arbitrators Initiative (RAI)

On 1 October 2021, the Rising Arbitrators Initiative brought together an esteemed group of arbitration practitioners for the organization’s inaugural event, which tackled due process concerns. The event, which was divided into two sessions to allow participants to join from Asia, Australia, Europe, Africa, and the Americas, addressed substantive and procedural due process.   Substantive…