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…

Arbitrators, Disclosure, France, Paris

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

In establishing an International Chamber of the Paris Court of Appeal in 2018, France signalled its desire to make Paris a favoured venue for resolving complex international disputes. The International Chamber has jurisdiction in France over any and all disputes that involve international commercial interest, which include, in particular, disputes related to commercial and transport…

CJEU, ECJ, Energy Charter Treaty, European Union, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment

(NL-Investmentconsulting)/ /7 Comments

No doubt, the Energy Charter Treaty (ECT) has become the hottest topic in the investment treaty arbitration world. Not only are EU Member States the most frequent respondent in ECT disputes – for example, the Netherlands has recently received its first ECT claim – but the ECT itself is currently in the middle of a…

Transparency in investment arbitrations

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Transparency in international investment arbitration refers to the extent to which the public can access arbitral proceedings and information pertaining to those proceedings. The ICSID Arbitration Rules and the UNCITRAL Transparency Rules offer two different transparency frameworks. From a purely substantive rule-based perspective, ICSID’s rules provide a comparatively lower degree of transparency in relation to…

Arbitration Agreement, Enforcement of an arbitration clause, India, Separability

(Chambers of Darius Khambata, SC)/ /Leave a comment

Section 35 of the Indian Stamp Act, 1899, which is similar to Section 14(4) of the English Stamp Act, 1891, provides that, any instrument executed within the country that is unstamped or inadequately stamped, cannot be read in evidence “for any purpose”, barring in criminal proceedings. The provision is widely worded, but, does it preclude…

Corporate, Corporate disputes, COVID-19, M&A, Merger

(Hogan Lovells)/ /Leave a comment

With cross-border M&A growing from $31 billion in 1985 to over $1.2 trillion in 2019, there is no doubt that there is a global appetite for such deals. While parties involved in M&A transactions generally expect to close deals smoothly and proceed with their respective businesses in peace, reality shows that disputes inevitably arise and…

Arbitration Tech Toolbox, Artificial Intelligence, Best practices, Cybersecurity, Data Protection, Document Exchange, Document Production, Innovation, Technology, technology industry, Videoconferencing, Virtual hearings

(Peter & Kim)/ /1 Comment

Arbitration Tech Toolbox is a new series on the Kluwer Arbitration Blog that aims to stimulate broader discussion and debate in the arbitration community on arbitration-related technology, its impact, and its future. We believe everyone stands to gain from a discussion of best practices surrounding the ongoing adoption of new technologies and identification of available…

Arbitration, Class arbitration, COVID-19, Cybersecurity, Environment, Human Rights, Mediation, Space Arbitration, Virtual hearings

(Schiefelbein Global Dispute Resolution) and , , (Arizona State University, Sandra Day O'Connor College of Law)/ /Leave a comment

The Third Annual Schiefelbein Global Dispute Resolution Conference took place on Friday, January 15, 2021. The conference was hosted by the Lodestar Dispute Resolution Center at the Sandra Day O’Connor College of Law and generously supported by Les and Linda Schiefelbein. This post distills selected topics and highlights from the conference – including comments from…

Agreement in writing, Arbitration, Dubai, United Arab Emirates

(Al Owais Advocates & Legal Consultants)/ /Leave a comment

The authority required to agree to arbitration on behalf of a juristic person has been a heavily debated issue in the United Arab Emirates (“UAE”). This blog post examines relevant legislation and case law with respect to limited liability companies and public joint stock companies in an attempt to reach a conclusion on what type…

China, Cryptocurrency, Enforcement, PRC, Public Interest, Set aside an arbitral award

(CIETAC (HK)) and (Grandall Law)/ /Leave a comment
CIETAC Hong Kong Arbitration Center

In its civil ruling (2018) Yue 03 Min Te No 719 on 26 April 2020, the Shenzhen Intermediate People’s Court (the “Court”) set aside an award made by a local arbitral institution in Shenzhen (the “Award”), a special economic zone and the bridgehead of the China’s reform and opening-up. This judgment was approved by the…