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2019 In Review, Armenia, Azerbaijan, Belt Road Initiative, China, Georgia, HK Arbitration Week, HKIAC, Hong Kong, Interim measures, Japan, Kazakhstan, Kyrgyzstan, Online Dispute Resolution, South Korea, Third party funding, Trade, Uzbekistan

2019 in Review: Noteworthy Developments in East and Central Asia

Theresa Tseung and Arie C. Eernisse (Peter & Kim)/January 27, 2020January 18, 2020 /Leave a comment

…will be permitted to administer arbitrations involving civil and commercial disputes, and to implement rules to allow interim measures such as preservation of assets and evidence in favour of both…

Hungary, Set aside an arbitral award, UNCITRAL Model Law

Hungary: Setting Aside Arbitral Awards in the Last 25 Years – A Pro-Arbitration Approach with Minor Derailments

Richard Schmidt (SMARTLEGAL Schmidt & Partners)/January 26, 2020January 24, 2020 /Leave a comment

…what the rules of procedure of the institution had set out. In another case, the same result was reached (EH 2010.2150) as the request for arbitration was sent to the…

Awards, Due process, Enforceability, Jura Novit Arbiter, Jura Novit Curia

A Comparative Analysis of Content-of-Laws Inquiry and Its Importance for International Commercial Arbitration

Pelin Baysal (Baysal & Demir Law Firm) and Muzaffer Atar (Gün + Partners)/January 25, 2020January 23, 2020 /2 Comments

…applies the conflict of laws rules and the applicable foreign law as per such rules on his own motion”. The Common Law approach, on the other hand, applies a completely…

ADR, Arbitration Act, Arbitration institution, Law of the Sea, National Arbitration Laws, Philippine Arbitration Convention, Philippines, Recognition and enforcement of arbitral award, Singapore Mediation Convention, South China Sea, UNCITRAL Model Law

The Philippine Arbitration Day: A Barometer of the State of Philippine Arbitration

Jay Patrick Santiago, Sarah Sison/January 24, 2020January 23, 2020 /Leave a comment

…Philippine Congress. Second, despite the promulgation of the Special Rules of Court on Alternative Dispute Resolution (the “Special ADR Rules“) in 2009, some judges are still unfamiliar with the courts’…

Antitrust arbitration, Arbitrability, China, Competition Law, Economic, Jurisdiction of the arbitral tribunal, Non-arbitrability

China’s Top Court Says No to Arbitrability of Private Antitrust Actions

Kai-chieh Chan (International University of Rabat)/January 23, 2020January 23, 2020 /Leave a comment

…lower court’s ruling on three grounds: firstly, the Anti-Monopoly Law and other related rules do not mention the possibility of arbitration as a way of settling antitrust claims; secondly, there…

CAM, Emergency Arbitrator, Institutional Rules, Interim measures, Third party funding

Highlights from the 2019 Rules of the Milan Chamber of Arbitration

Gustavo Minervini (University of Naples "Federico II")/January 23, 2020January 20, 2020 /Leave a comment

Young ICCA

On 1 March 2019 the Milan Chamber of Arbitration issued its amended Arbitration Rules (the “2019 Rules’”) with the aim of improving “the efficiency and the rapidity of arbitral proceedings…

2019 In Review, CIAMA, CRCICA, Egypt, Morocco, National Courts, North Africa

2019 In Review: A View From North Africa

Mohamed H. Negm (Egyptian State Lawsuits Authority, Ministry of Justice and University of Geneva) and Zahra Rose Khawaja (Dentons & Co, Dubai)/January 22, 2020January 22, 2020 /Leave a comment

…the UNCITRAL Arbitration Rules. This was despite the absence of any reference to these Rules in the OIC Agreement, and the fact that placing the constitution of tribunals in the…

Arbitration, Interim measures, Macau, Recognition and enforcement of arbitral award

Macau Ups Its Game: A Discussion on the New Arbitration Law 2019

Chiraag Shah, Pietro Grassi, Ziqi Qi (Morrison & Foerster LLP)/January 21, 2020January 21, 2020 /Leave a comment

…Rules of the American Arbitration Association (“AAA”) allow parties to agree on the possibility to appeal an award before a newly constituted AAA arbitral tribunal, which may then review decisions…

Dual Nationals, International Investment Arbitration, International Law, Jurisdiction of the arbitral tribunal, Venezuela

The Passports’ Game: Chronicle Of A Foretold Death For Dual Nationals’ Claims

Pablo Mori Bregante (GST LLP)/January 20, 2020January 16, 2020 /Leave a comment

…proceeding according to the ICSID Arbitration Additional Facility Rules,” the dispute shall be submitted to an ad-hoc proceeding under the UNCITRAL Rules. Based on these provisions, Venezuela submitted a ratione…

Law governing the arbitration agreement, Shanghai, Singapore

Unpacking the Singapore Court of Appeal’s Determination of Proper Law of Arbitration Agreement in BNA v BNB

Samuel Koh (Assistant Editor for Southeast Asia) (Drew & Napier LLC)/January 19, 2020January 20, 2020 /1 Comment

YSIAC

…not merely the venue) of the arbitration (at [65]–[69] and [91]–[93]); (ii) there having been a choice of the seat, Rule 18.1 of the SIAC Rules 2013, which provides that…

International Court of Justice, ISDS, Precedent

The Role of Precedent in ISDS: Can Decisional Law Contribute to the Creation of Customary Norms?

Rebecca Meyer/January 18, 2020January 20, 2020 /1 Comment

Young ICCA

…judicial decisions and opinions rendered by the most preeminent scholars may be used as a “subsidiary means for the determination of rules of law.” (Emphasis added.) It is possible to…

2019 In Review, Chile, Colombia, Constitutional Court, Damages, Dominican Republic, Dual Nationals, Ecuador, Free Trade Agreements, Investment Arbitration, Latin America, Mexico, USMCA

2019 in Review: Latin America and Investment Arbitration

Enrique Jaramillo (Locke Lord LLP)/January 17, 2020January 17, 2020 /Leave a comment

…specific treaty and the UNCITRAL Rules, the nationality requirement must be fulfilled, first, at the moment the notice of arbitration is received by the respondent and, second, at the date…

Arbitration, Arbitration Quiz, Domestic arbitration, New Year Arbitration Quiz

New Year’s Quiz Answers, Winner…

Michael McIlwrath (MDisputes)/January 15, 2020March 10, 2020 /Leave a comment

…c. Iura novit curiae. 4 – Prague Rules. An arbitrator who insists on the tribunal’s right to inject its own legal arguments, even if not raised by the parties, is…

CIICA, Conference, Corruption, CPEC, Pakistan, Power disputes

The Dawn of a New Era for Arbitration in Pakistan? Highlights from the Inaugural Conference of CIICA’s Young Arbitration Group

Dimitrios Katsikis (Shearman & Sterling LLP)/January 14, 2020January 12, 2020 /1 Comment

…engaged in CPEC projects would be well-advised to select a seat in the same country as that of the headquarters of the arbitral institution, pursuant to the rules of which…

Energy, Investment, Mexico, Protection, Reform

Change of Clean Energy Rules in Mexico: Potential Impact for Investors

Fernando Pérez-Lozada (Loopa Litigation Finance)/January 13, 2020January 10, 2020 /Leave a comment

…as a result of the change of the rules governing CELs in Mexico: Saturation of CELs in the market; Decrease of the price of clean energy (i.e. CELs); Devaluation of…

Infrastructure, Investment Arbitration, Italy

Investment Arbitrations Ready to Land at Florence Airport?

Danilo Ruggero Di Bella (Bottega Di Bella) and Josep Gálvez (Galvez Pascual SLP)/January 12, 2020January 15, 2020 /2 Comments

…adequate for the purposes of Environmental Impact Assessment rules.” Moreover, the company has emphasized that it was not TA that came to the conclusion that the details of the project…

2019 In Review, Abu Dhabi, DIFC, DIFC conduit jurisdiction, Dubai

2019 In Review: A View From the United Arab Emirates

Dalal Al Houti and Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/January 11, 2020January 29, 2020 /Leave a comment

…release of new DIAC Rules, a revision process that many feel is overdue as the current DIAC Rules have been in place since 2007. It will be interesting to see…

2019 In Review, Achmea, European Union, ICSID, Micula

2019 in Review: Investment Arbitration in Europe

Deyan Draguiev (Colibra Insurance)/January 9, 2020January 8, 2020 /Leave a comment

…in its procedural rules overhaul, the International Centre for Settlement of Investment Disputes (“ICSID”) Secretariat released the third Working Paper on Proposals for the ICSID Arbitration Rules Amendments in late…

Efficiency, Estoppel, Investment Arbitration, Jurisdiction, VCLT

Oded Besserglik v Mozambique: The BIT Was Not In Force, Who’s To Blame?

Juan Carlos Herrera Q. (Flor & Hurtado)/January 6, 2020January 4, 2020 /Leave a comment

…Arbitration (Additional Facility) Rules (“Arbitration Rules”)? Did Mozambique waive its right to raise such a jurisdictional objection, in accordance with the Articles 33 and 34 Arbitration Rules? Despite such delay,…

Arbitration Institutions and Rules, Institutional Arbitration, Iran

The Coming of Age of Institutional Arbitration Rules in Iran: An Analytic Overview of the ACIC Rules

Mohsen Mohebi (Arbitration Center of Iran Chamber of Commerce) and Naimeh Masumy/January 5, 2020January 17, 2020 /Leave a comment

…formation of the ACIC (the “ACIC Rules”), the ACIC launched its own arbitration rules designed for cost and regulations on organization. The ACIC Rules now consist of Rules of Arbitration,…

Arbitration, Arbitration institution, Arbitration Institutions and Rules, Dispute Settlement, Energy, Energy Charter Treaty, International Arbitration Procedures, International Mediation, Interview, Interviews with Our Editors, Investment Arbitration, ISDS Reform, Multilateral Investment Court

Interviews with Our Editors: The Energy Charter Treaty: Discussing Modernisation and Challenges with Dr. Alejandro Carballo, General Counsel, Energy Charter Treaty Secretariat

Maria Fanou (Associate Editor)/January 4, 2020January 3, 2020 /Leave a comment

Alejandro, thank you for joining us on the Kluwer Arbitration Blog! We are delighted to have the opportunity to interview you at a time when the Energy Charter Treaty (ECT)…

2019 In Review, Arbitration, Australia, New Zealand, Reform, Regional Comprehensive Economic Partnership

2019 in Review: Australia, New Zealand and the Pacific

Esmé Shirlow (Associate Editor) (Australian National University)/January 2, 2020December 31, 2019 /Leave a comment

…Treaty-based Investor-State Arbitration (which it signed in July 2017). This Convention is linked to the Transparency Rules developed by UNCITRAL’s Working Group II, with both being designed to enhance the…

Arbitration, Arbitration Quiz, Domestic arbitration, New Year Arbitration Quiz

The New Year Arbitration Quiz: 2020

Michael McIlwrath (MDisputes)/December 31, 2019December 31, 2019 /Leave a comment

…UK Prague Rules 3. Swearing! Match the oath with the place or rules. a. Witnesses must swear an oath to tell the truth b. Arbitrators must swear an…

2019 In Review, Arbitration, Europe, Legislation

2019 in Review: Legislative and Case Law Developments in Europe

Boris Praštalo (Assistant Editor for Europe) (Brunel University London)/December 30, 2019January 2, 2020 /Leave a comment

…have made significant changes to the procedural rules before the Polish courts, with these alterations providing a very good illustration of why sometimes the road to hell is paved with…