In most cases, arbitrator selection follows a basic 3-step process: (1) Start with a Long List of Potential Arbitrators; (2) Pare it down to a Short List of Suitable Arbitrators; and then (3) Pick The Arbitrator to appoint. At first, research is very broad. Parties focus on fundamental elements of the case, such as applicable…
Bilateral investment treaties depend upon international arbitration as the mechanism to resolve disputes between sovereign states and investors. Although offering obvious advantages over litigation before national courts, investors are not immune from the risk of proceedings becoming destabilized by external factors. A recent example involved Air Canada, the country’s flag carrier, and the Bolivarian Republic…
The Center for Studies and Research in Arbitration from the University of São Paulo (“CEPArb-USP”) has recently made public the findings of its pioneer empirical research on challenges of arbitrators in domestic proceedings in Brazil. The initiative analyzed data from challenges in proceedings administered by the Câmara de Mediação e Arbitragem Empresarial – Brasil (CAMARB)….
On 15 November 2021, P.R.I.M.E. Finance launched its revised P.R.I.M.E. Finance Arbitration Rules (the Rules). A launch event was held on 6 December at which Georges Affaki, Martin Doe of the Permanent Court of Arbitration (PCA) and Secretary-General of P.R.I.M.E. Finance Kasper Krzeminski gave an overview of the Rules. A recording is available here. P.R.I.M.E….
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The final upload of materials for the 2021 volume of ICCA’s Yearbook Commercial Arbitration is now available on the KluwerArbitration website. The upload consists of a selection of six awards rendered under the rules of the International Chamber of Commerce (ICC), dealing with issues such as the…
“Pedro, adelante, con juicio“: this Spanish exhortation comes from a famous Italian novel, “I Promessi Sposi” by Alessandro Manzoni. The Spanish governor of Milan gives these ambiguous instructions to his coachman Pedro, who is steering the carriage amidst a rioting mob: “forward, but be careful“. It became proverbial for describing an uneasy balance between action…
The year 2021 has been perhaps the most controversial year for investment arbitration. From the profound structural reform work with respect to the ICSID and UNCITRAL rules, through the complete ban and termination of intra-EU investment arbitration in the European Union, to the ECT modernization process, this year has been marked by change and reform…
Inconsistent decisions have long been a major criticism in investment arbitration. This does not only pertain to decisions on procedure, jurisdiction or merits but also to quantum issues. This contribution will center around one unlikely connection that has the potential to enhance consistency and predictability in an area of quantification of damages in investment arbitration:…
The Chartered Institute of Arbitrators (“CIArb”) has just issued its fifteenth Guideline, the CIArb Framework Guideline on the Use of Technology in International Arbitration (“CIArb Technology Guideline” or “Guideline”). To enhance our readers’ Arbitration Tech Toolbox, Kluwer Arbitration Blog has taken the opportunity to interview Dr. Gordon Blanke, who is one of the seven members…
On November 23, 2021, Ecuador’s Attorney General (“AG”), Iñigo Salvador Crespo announced the creation of a new institutional framework for handling disputes brought against the state and state entities with the vision of preventing and reducing litigation, particularly costly international arbitrations. The Institutional Strengthening of the Attorney General’s Office Project (“PROFIP” for its initials in…
Subscribers to KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The present upload consists of 26 decisions applying the major arbitration Conventions and dealing with issues of general interest to the arbitration community. The following may be of particular interest to our readers. First, the upload includes three decisions of the European Court of…
Since its establishment in 2018 by the Chamber of Commerce and Industry of Uzbekistan, the Tashkent International Arbitration Centre (the “TIAC”) has kept abreast the evolution of the global social and economic climate and modern international arbitration practices, and sought to modernize its administration of international arbitrations to meet current and future challenges faced by…
The 2021 Shanghai Arbitration Week (“SHAW”) kicked off on 8 November 2021, accompanying the grand event of the Shanghai International Arbitration Summit. Mr. Xiong Xuanguo, Vice Minister of the Justice Department of the PRC, Mr. Peng Chenlei, Vice Mayor of Shanghai Municipal People’s Government, Ms. Anna Joubin-Bret, Secretary-General of UNCITRAL, and Ms. Lucy Reed, President…
Brazil is an interesting actor in the field of investment-related treaties. For example, Brazil has been a major player when it comes to foreign direct investment (“FDI”) outflows. This was not always the case. Brazilian outward foreign direct investment (“OFDI”) was minor throughout the 1990s. However, after economic and institutional reforms, Brazilian companies became increasingly internationalized,…
On 1 December 2021, the Svea Court of Appeal in Stockholm rejected Kibar Enerji Anonim Sirketi’s request to set aside an arbitral award in a dispute with Gazprom Export LLC over contract pricing of natural gas. Kibar alleged that the arbitral tribunal had exceeded its mandate and had also committed a procedural error when issuing…
Being a Member State of the EU and a party to the New York Convention (NYC), the Republic of Bulgaria is an attractive destination to locate the seat of your arbitration proceedings. This is especially so if you are seeking a neutral venue where costs for travel, accommodation and similar, would be significantly lower in…
Under Article 10(1) of the ILC Articles on State Responsibility, acts committed by rebels (or any other type of ‘insurrection movements’) during a successful insurgency aimed at establishing a new government are attributable to the State after their victory. After the civil war, and once the rebels have formed a new government, the State will…
At Kluwer Arbitration Blog, December is the month to thank our readers, collaborators and editors for their tremendous support. We come at the end of a year of challenges and renewed hopes, for a 2022 where we can meet in person and celebrate our achievements. We would like to express our gratitude for your contributions…
Helsinki International Arbitration Day (HIAD) is an arbitration conference organised by The Finland Arbitration Institute (FAI). HIAD brings together legal practitioners from Finland and abroad to hear from top experts on the latest developments in international arbitration and mediation. This year’s event, held on 3 December 2021, was attended by more than 200 participants and focused…
In the 1970s, when my father left India to study abroad, trunk calls home were rare and expensive, requiring shouting into the phone. In 2020, we have all exasperatedly repeated “You’re on mute” and “Am I audible?” into our screens on an almost daily basis. As public spaces became off-limits, those with access to technology…
Les notions, essentiellement philosophiques, de volonté et de liberté sont au cœur de la matière. – Emmanuel Gaillard Arbitration is a form of private dispute resolution. Parties arbitrate disputes through a private system created of their own will and liberty, contractually exiting the public, state-controlled system of dispute resolution. Whilst there are many different…
In the first week of November 2021, Seoul, once again, connected leading ADR practitioners, legal professionals, and scholars from different corners of the world through the Seoul ADR Festival 2021 (“SAF”). The SAF’s main flagship event was the 10th Asia-Pacific ADR Virtual Conference. Co-hosted by the UNCITRAL, Korea’s Ministry of Justice, KCAB INTERNATIONAL, the International…
Much like Beckett’s Vladimir and Estragon, desperately waiting for Godot without success, the citizens of Lebanon are protagonists of a living theater of the absurd which their country has become, desperately waiting for legal, institutional and social reforms to no avail. While the collapse of the Lebanese financial system and the de facto capital controls…
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…
