Independence and Impartiality, Madrid International Arbitration Center Rules, Spain, Spanish Arbitration Law

(BMA Abogados) and / /Leave a comment

Enforcing standards on the independence and impartiality of arbitrators requires provisions allowing parties to challenge arbitrators. Traditionally, in jurisdictions that have based their provisions on the UNCITRAL Model Law on International Commercial Arbitration (but not only these), such provisions have allowed parties to challenge arbitrators where they have ‘justifiable doubts’ as to the arbitrator’s impartiality…

COVID-19, Diversity, Sustainability

(Herbert Smith Freehills) and (Covington & Burling LLP)/ /Leave a comment
ArbitralWomen

Climate change and increasing calls for greater diversity in the workplace have been making headlines daily. With the onset of the COVID-19 pandemic, the world, including that of international arbitration, has turned to a virtual setting to conduct many of its operations. While this new terrain has resulted in technical obstacles and challenges, it has…

International Investment Arbitration, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, ISDS, Regional Comprehensive Economic Partnership, WTO

(National University of Singapore) and (City University of Hong Kong/ UMBRA Strategic Legal Solutions)/ /1 Comment

The Regional Comprehensive Economic Partnership (RCEP) was signed by its 15 Parties (after India, an initial negotiating party, withdrew from negotiations) on 15 November 2020.1)This article represents the authors’ personal opinions and does not represent the opinion of their respective organisations. The signature of this agreement amid the COVID-19 pandemic has made quite a headline…

Cybersecurity, Diversity, International arbitration, Surveys, Sustainability, Technology

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

Knowledge of international arbitration has often been based on anecdotal evidence. However, there has been increasing interest in empirical research among practitioners and scholars. In the context of the recent COVID-19 pandemic, arbitral practice has rapidly changed and new empirical research aimed at understanding the experience and expectations of the users of international arbitration is…

Belt Road Initiative, China, HKIAC, Hong Kong, Kluwer Podcast, Podcast

(Peter & Kim)/ /Leave a comment

Welcome to the third post in the series of International Law Talk. In this series of podcasts, Wolters Kluwer will bring you the latest news and industry insights from thought leaders and experts in the field of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer Arbitration Blog, we will highlight…

Achmea, EU Law, Intra-EU BITs, Med-Arb, New York Arbitration Week, Section 1782 Discovery

(Chaffetz Lindsey LLP) and , (Chaffetz Lindsey)/ /Leave a comment

The annual Fordham Conference on International Arbitration and Mediation took place virtually on 20 November 2020, the final day of the second annual New York Arbitration Week. Under the guidance of co-chairs Louis B. Kimmelman (Sidley Austin, New York) and Edna Sussman (Independent Arbitrator and Mediator and Distinguished Practitioner in Residence Fordham Law School), the…

Consolidation, ICC Rules, Joinder, Multiple parties, New York Arbitration Week

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On Thursday 19 November 2020, during the fourth day of New York Arbitration Week, the ICC International Court of Arbitration held a virtual round-table discussion of the challenges faced by parties and the ICC Court in cases involving multi-party and multi-contract disputes and the ways in which the 2021 revisions to the ICC Rules of…

Diversity, New York Arbitration Week, sociology of international arbitration, Webinar

(MacGrath Arbitration)/ /Leave a comment
ArbitralWomen

ArbitralWomen promotes women and diversity in many different ways. We share statistics that reflect the incremental progress toward gender parity in dispute resolution. We share news about the professional achievements and qualifications of women so that the international arbitration community can more readily identify well-qualified women to serve as arbitrators, mediators, experts, and lead counsel….

Enforcement, New York Arbitration Week, New York Convention, Non-signatory

(Binder & Schwartz LLP)/ /1 Comment

Day three of New York Arbitration Week 2020 featured a panel discussion on non-signatories in arbitration sponsored by the Chartered Institute of Arbitrators New York Branch and the New York International Arbitration Center (NYIAC). The session was broken into two parts: compelling arbitration (before arbitration) and enforcing an award (after arbitration), each framed by the…

Arbitrator Selection, Arbitrators, Mediation, Mediation and Dispute Management, New York, New York Arbitration Week

(International Centre for Dispute Resolution American Arbitration Association (ICDR-AAA))/ /Leave a comment
International Centre for Dispute Resolution (ICDR)

On November 16th, 2020, the AAA-ICDR hosted a webinar entitled In-House Counsel’s Virtual Roundtable as part of New York Arbitration Week. The session comprised of in-house counsel from various industries discussed their views and approach to international arbitration from their respective fields. It was moderated by Eric P. Tuchmann, the Senior Vice President, General Counsel…

Arbitrator Intelligence, Statistics

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Arbitrator Intelligence

Legend has it that in 1752, Benjamin Franklin flew a kite in a thunderstorm, with a house key dangling from the string, to attract lightning and store it in a Leyden jar. Similarly, academics, policymakers, lawyers, and parties have for years sought to capture the answers to transcendent questions about investment arbitration. Which variants justifiably…

Apparent bias, Appointment of arbitrators, Bias, Deepwater Horizon, IBA Guidelines on Conflicts of Interest, Impartiality, UK, UK Supreme Court, Unconscious Bias

(WilmerHale)/ /Leave a comment

On 27 November 2020, the U.K. Supreme Court in Halliburton Company v. Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 ruled on the approach under English law to determining whether an arbitrator’s failure to make disclosure of appointments in multiple arbitrations with overlapping subject matter and only one common…

Arbitration, Delos, European Court of Human Rights, Human Rights

(Delos Dispute Resolution)/ /Leave a comment

The intersection between human rights and arbitration is often complicated and ambiguous. The recent discussion between the President of the European Court of Human Rights (“ECtHR”), Judge Robert Spano, Neil Kaplan CBE QC SBS and Chiann Bao during Delos’ In conversation with Neil webinar (the recording is also available here) unpacked a number of complex issues…

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:   Johannes Landbrecht & Andreas R. Wehowsky, Transnational Coordination of Setting Aside and Enforcement of Arbitral Awards – A New Treaty and Approach to Reconciling the Choice of Remedies Concept, the Judgment Route, and…

COVID-19, DIS, ICC Arbitration, ICC Rules, ICSID Arbitration, Institutional Arbitration, Institutional Rules, ISDS, ISDS Reform, KCAB, Mediation, PCA, SCC, SIAC, UNCITRAL

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On 5-6 November 2020, reputable arbitration practitioners joined together for the 9th Asia Pacific ADR Conference and shared their experiences and insights on the latest developments in the arbitration landscape. Due to the ongoing COVID-19 pandemic, the annual conference took place virtually. It successfully attracted approximately 15,000 participants across 50 countries. The event was co-hosted…

Arbitration, Environment, International arbitration

and (Columbia Law School)/ /8 Comments

For a long time, the word ‘environment’ occurred in the realm of arbitration only when disputes between parties had some connection to it. Lately, however, there has been a shift from environment only being a subject-matter specific issue in arbitrations to a more diverse theme of discussion among the global arbitration community. Credit for this…

Arbitration institution, Belt Road Initiative, Interviews with Our Editors, Legislation, National Courts, Pakistan

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and / /3 Comments

Mr. Rana Sajjad Ahmad, thank you for joining us on the Kluwer Arbitration Blog! We are grateful to have the opportunity to learn more about the Center for International Investment and Commercial Arbitration (CIICA) and your experience with enhancing the role of international arbitration in Pakistan.   Could you briefly introduce yourself to our readers?…

China, Enforcement, Free Trade Zones, Hainan, HIAC, Institutional Rules, Med-Arb

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The designation of Hainan province as a Free Trade Zone (FTZ) in 2018 has sparked a great deal of interest for foreign investors. The proposal for a globally influential free trade port, by the middle of the century, makes Hainan an exciting prospect and a potential venue for new foreign investment. Such a proposal demonstrates…

Diversity, Kluwer Podcast, Podcast, Vis Moot

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Welcome to the second post in the series of International Law Talk. During a series of podcasts, Wolters Kluwer will bring you the latest news and industry insights from thought leaders and experts in the field of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer Arbitration Blog, we will highlight the…

Enforcement, Foreign arbitral awards, Inter-American Conventions, Jurisdiction, Jurisdiction Clause, New York, Place of arbitration, United States

(Columbia Law School), (Rivero Mestre LLP), and (Nishith Desai Associates)/ /2 Comments

In this post, we discuss some of the challenges created by the personal jurisdiction requirements under U.S. law (explained below) in enforcement of foreign arbitral awards in the U.S. We also delve into details of hurdles posed by the implementation of the personal jurisdiction standard as enunciated in Daimler AG v. Bauman to recognition and…

Banking and Finance, Financial Industry, Human Rights, International Investment Arbitration, International Investment Law, International Law, International Law Weekend

(Dechert) and (Dentons US LLP)/ /Leave a comment

The 99th Annual Meeting of the American Branch of the International Law Association (“ILA (American Branch)”), known as International Law Weekend (“ILW”), took place virtually this year in New York City on 22-24 October 2020.  This year’s conference included 27 panels, as well as an Opening Plenary Panel, a United Nations 75th Anniversary Plenary Panel, and numerous…

Cybersecurity Protocol, Data Protection, GDPR

(Asian International Arbitration Centre)/ /Leave a comment
Asian International Arbitration Centre (AIAC)

Cybersecurity and data protection have been dominating conversations in the international arbitration community in recent years. From an analysis of how the stakeholders may be best equipped to address cybersecurity risks, to considerations on maintaining confidentiality in international commercial arbitration, as well as calls to address the impact of the General Data Protection Regulation (“GDPR”)…

Armed Conflict, Extraterritorial Jurisdiction, Ukraine

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The effect on investment protection stemming from Russia’s annexation, and therefore effective control over Crimea, has been a hot topic since 2014. Meanwhile, Ukraine has dealt with an armed conflict in Eastern Ukraine since April 2014 as a result of Russian expansionist maneuvers. Ukraine is now left with the difficult task to, on the one…

ICSID Arbitration, Independence and Impartiality, United States

(Broemer & Associates)/ /Leave a comment

In the second half of 2020 there have been two heavily discussed challenges to arbitration awards stemming from an arbitrator’s nondisclosure. The more recent, OOGC America, L.L.C. v. Chesapeake Exploration, L.L.C, was an appeal in the U.S. Fifth Circuit. The other, Eiser Infrastructure Limited and Energia Solar Luxemburg S.À.R.L. v. Kingdom of Spain, was heard…