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

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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

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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

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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…

Free Trade Agreements, UK

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Many of the free trade agreements that the UK has signed or that are currently under negotiation include a requirement for the parties to create rosters of individuals who could act as arbitrators for disputes launched under the state-to-state dispute settlement mechanisms within those agreements. The Department for International Trade (DIT) is seeking to appoint…

Emergency Arbitrator, ICC Rules, Israel

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It is a generally accepted rule that while state courts have concurrent jurisdiction to hear and decide motions for interim relief prior to the constitution of an arbitral tribunal, they will only maintain such concurrent jurisdiction in appropriate or exceptional cases following such constitution. The ICC Rules are unique in the sense that they apply…

Arbitration Agreement, Jurisdiction, Pakistan

(Fazleghani Advocates)/ /Leave a comment

In Pakistan, the law governing international arbitrations resulting in a foreign award is the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 (“2011 Act”). To those who are unfamiliar with the 2011 Act, it may come as a surprise that it does not provide any remedy to an applicant challenging the arbitration…

Anti-suit injunction, Arbitrability, English courts, Insolvency

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On 23 September 2020, the England and Wales High Court (“High Court”) rendered its judgment in Riverrock Securities Limited v International Bank of St Petersburg (Joint Stock Company) granting Riverrock Securities Limited (“RSL”) an interim anti-suit injunction in respect of bankruptcy proceedings in Russia brought against RSL by the receiver of the International Bank of…

Arbitration, Arbitration Agreements, Investment Arbitration, Investment law, Investment Treaties, MENA, Middle East, Multilateral Investment Treaties, United Arab Emirates

(Allen & Overy LLP)/ /Leave a comment

The announcement on 13 August 2020 of a rapprochement between Israel and the United Arab Emirates (‘UAE’) took the world by surprise. Seasoned regional observers noted quiet cooperation and cross-border transactions over the past few years, but few expected these covert relationships to burst into public view so fully and wholeheartedly. The joint declaration, soon…

COVID-19, Due process, Enforcement, Hearings, India, Virtual hearings, Witness

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Young ICCA

Before the Covid-19 pandemic, virtual witness testimonies were prevalent in specific instances, such as when witnesses could not reach the venue because of illness. Article 8.1 of IBA Rules on Taking of Evidence in International Arbitration permits virtual testimony only at the discretion of the tribunal. The Commentary on the Rules establishes that the tribunal’s…

Complex Arbitration, Kluwer Podcast, Multiple parties

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Welcome to the first 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…

Yearbook Commercial Arbitration

(General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/ /Leave a comment

Subscribers of KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The most recent upload of ICCA Yearbook materials in 2020 is now available online. It features 17 court decisions applying the 1958 New York Convention from Argentina, Sweden, Switzerland, the United Kingdom, and the United States, as well as six decisions of US courts…