Arbitration – The International Journal of Arbitration

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London), (Queen Mary University of London), (Chartered Institute of Arbitrators), and (Three Crowns)/ /Leave a comment

On Arbitrobots or Robotration There has been considerable discussion lately on the role that Artificial Intelligence (AI) may play in international arbitration (IA) in the future. While there are some interesting, indeed exciting, prospects of AI’s potential contribution to IA, there also exists a degree of hyperbole in what is predicted. Information technology has already…

Arbitration, Arbitration Proceedings, COVID-19, Intellectual Property, International arbitration, Investment, Investment Arbitration, Investment law, Patents

(Lévy Kaufmann-Kohler)/ /Leave a comment

Since the COVID-19 outbreak, pharmaceutical companies have engaged in a highly competitive and risky vaccine race. In less than 10 months from the declaration of the global pandemic, the vaccine developed by Pfizer-BioNTech received its first regulatory approval, followed by the success stories of other companies. The swiftness of these results was praised as “unprecedented”…

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

, (International Investment Law Centre Cologne)/ /Leave a comment

The investor-State dispute settlement (ISDS) mechanism provided by Art. 26 (2) (c) of the Energy Charter Treaty (ECT) is highly relevant to the protection of intra-EU investments.1)In 2018, about 45 per cent of all treaty-based intra-EU investment arbitrations were brought pursuant to the ECT. See UNCTAD, Fact Sheet on Intra-European Union Investor-State Arbitration Cases, IIA…

COVID-19, LegalTech, MENA, Technology, UAE arbitration chapter, UAE Federal Arbitration Law

(Curtis, Mallet-Prevost, Colt & Mosle LLP) and (Freshfields Bruckhaus Deringer LLP)/ /Leave a comment

There is at least one commonality between new technologies and arbitration in that they both aim to make processes more accessible to users.  Indeed, the two should go hand-in-hand.  After a brief overview of the interplay between technology and arbitration in general, this post focuses on the position in the United Arab Emirates (UAE).  It…

Arbitration Act 1996, Enforcement, India, UNCITRAL Model Law

and , (Trilegal)/ /2 Comments

The Arbitration and Conciliation (Amendment Act), 2021 (“2021 Amendment”) is the most recent intervention in, what appears to be, the Indian Parliament’s endless attempts to tinker with the scheme and intent of the Arbitration and Conciliation Act, 1996 (“1996 Act”). The 2021 Amendment, which was passed into law on 10 March 2021 follows the Arbitration…

Arbitrary and Discriminatory, Energy, Expropriation, Fair and Equitable Treatment, Investor-State arbitration, Mexico, USMCA

(Locke Lord LLP)/ /2 Comments

Since his inauguration in December 2018, Mexican President Andrés Manuel López Obrador (AMLO) has endeavored to reverse the liberalization of the energy market achieved by his predecessor. In the last few months, actions to resume government control of Mexico’s free energy markets have intensified with the adoption and proposal of regulation affecting investor’s rights and…

Applicable Law, Arbitration Agreement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(University of Miami School of Law)/ /Leave a comment

On 21 April 2021, the CIArb’s London Branch hosted its annual Keynote Speech, which was held online this year. In her speech on “The Proper Law of the Arbitration Agreement”, Professor Dr. Maxi Scherer discussed the different approaches taken by jurisdictions worldwide in determining the law governing the arbitration agreement. She further compared those approaches…

Brexit, Investment, ISDS, TCA, UK

(School of International Arbitration, Queen Mary University of London (QMUL) )/ /1 Comment

The Investor-State Dispute Settlement regime is at the centre of a long-standing debate, subsequent reform efforts, and, more in general, great innovation. In this context, on 14 May 2021, a LIDW member-hosted event – organised and co-hosted by Clifford Chance, EFILA, Herbert Smith Freehills, Queen Mary University’s School of International Arbitration, and White & Case…

Foreign seat, India, Interim measures, New York Convention, Party autonomy, Public Policy

, (Cyril Amarchand Mangaldas) and / /Leave a comment

In a landmark ruling in PASL Wind Solutions Private Limited v. GE Power Conversion,1)Special Leave Petition (Civil) 3936 of 2021 (arising out of GHC judgment dated November 11, 2020), Supreme Court of India Judgment dated April 20, 2021. India’s Supreme Court rejected the argument that the designation of a foreign seat between two Indian parties…

Arbitration Institutions and Rules, Hearings, Queen Mary- White & Case Survey, Surveys

, (White & Case)/ /2 Comments

The results of the 2021 QMUL-White & Case International Arbitration Survey were launched on 6 May 2021. The survey explores the theme of “Adapting Arbitration to a Changing World”: how international arbitration has adapted to changing demands and circumstances including the COVID-19 pandemic, and opportunities for the international arbitration community to adapt more and better….

Yearbook Commercial Arbitration

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

Subscribers to KluwerArbitration enjoy access to the ICCA Yearbook Commercial Arbitration. A new upload of materials for the 2021 volume of the Yearbook is now available on the KluwerArbitration website. This upload is entirely devoted to an update of court cases from the People’s Republic of China (PRC) on the application of the 1958 New…

Arbitration Awards, Arbitration Institutions and Rules, Federal Arbitration Act (FAA), Finality, Functus Officio, United States

(Zeiler Floyd Zadkovich)/ /1 Comment

The Arbitration Committee of the New York City Bar Association has recently published a report titled: “The Functus Officio Problem in Modern Arbitration and a Proposed Solution” (the “Report”). In United States arbitration, the functus officio doctrine instructs that once an arbitrator finishes performance of her office, i.e., renders an award, her authority as an…

Arbitration Institutions and Rules, Arbitrator Challenges, MIAC, Spain

(King's College London)/ /Leave a comment

In a field as competitive as arbitration, international reputation is earned, not created overnight. In 2021, various judgments of the Spanish Constitutional Court (see here, here and here) have done away with some case law by inferior Madrid courts which favoured an expansive review of awards and compromised the finality of arbitration (see here and here). Spain is…

Expert Appointment, Expert Conferencing, Expert evidence, Experts

(Von Wobeser y Sierra, S.C.)/ /1 Comment
Rising Arbitrators Initiative (RAI)

On 21 April 2021, members of the executive committee of the Rising Arbitrator’s Initiative (RAI) hosted a discussion and Q&A session with Dr. Pablo Spiller (Compass Lexecon), who has testified as expert in more than 150 arbitrations across a broad range of sectors over more than two decades. The discussion was led by Paul Tan…

Interviews with Our Editors, SIAC, Singapore International Arbitration Centre

(Simmons & Simmons) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

In December 2020, Singapore International Arbitration Centre (“SIAC”) launched its representative office in New York. In April 2021, SIAC announced in its Annual Report 2020 that United States (“US”) parties accounted for 545 of the approximately total 1,000 new cases filed in 2020. We, as Associate Editors for Southeast Asia and North America, are pleased…

Arbitration, Corporate, Corporate Counsel's view, LIDW2021

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

In line with LIDW’s promise to deliver exceptional events focusing on international dispute resolution (and London) and give a voice to inhouse lawyers, its eleventh session – on 12 May 2021 – concentrated on corporate counsel’s priorities when navigating global disputes. Kai-Uwe Karl and Loukas Mistelis elegantly moderated the discussion. The speakers – Stephan Balthasar,…

Challenge of Arbitral Award, Due process, Germany, Right to be heard, Set aside an arbitral award

(rothorn legal)/ /Leave a comment

“I want the truth!  … You can’t handle the truth!” – Hollywood’s infamous shouting match in “A Few Good Men” may have forever ruined every client’s expectation of a measured cross-examination. But the struggle to ascertain the truth remains real in international arbitration. Tribunals and counsel frequently face the tough question of what exactly they…

ACICA, Arbitral seat, Asia-Pacific, Australia, Uncategorized

(Australian Centre for International Commercial Arbitration (ACICA)) and (Australian Centre for International Commercial Arbitration (ACICA) )/ /1 Comment
ACICA 45

Efficiency in arbitration is an area that is discussed so often it almost feels inefficient to discuss it. Indeed, when the Australian Centre for International Commercial Arbitration (ACICA) (in conjunction with FTI Consulting, and with the support of the Australian Bar Association, Francis Burt Chambers and the WA Arbitration Initiative) launched the results of the…

Arbitration, LIDW2021, London, Mediation, Technology

(Stockholm University)/ /Leave a comment

London International Disputes Week (LIDW) 2021 commences today and promises to deliver – in an online format, this time – a week full of exceptional events focused on dispute resolution (and London). As such, and as in 2019, LIDW focuses on more than just arbitration. The second session of the first day of LIDW 2021,…

Conflicts of interest, Disclosure, Experts

(Addleshaw Goddard LLP) and (Freshfields Bruckhaus Deringer LLP)/ /Leave a comment
Jeantet

Arbitration proceedings most often involve complex disputes, where technical issues require specific technical, scientific, legal or financial expertise, leading parties to appoint one or more experts to support their position and assist the arbitral tribunal. The 2018 LCIA Note on Experts in International Arbitration reported that, out of some 300 new arbitrations registered each year…

Arbitration Agreement, Costa Rica, Enforcement, Non-signatory, Panama

(DJ Arbitraje)/ /1 Comment

On February 28, 2021, the First Chamber of the Costa Rican Supreme Court (“the Court”) confirmed a US$ 23 million ICC award won by Panama-registered Hidroeléctrica San Lorenzo S.A. against Saret de Costa Rica S.A. When it comes to the recognition and enforcement of foreign arbitral awards, Costa Rica is party to relevant international conventions,…

Brazil, Investment, Procurement, Public Contract, State

(Quinn Emanuel Urquhart & Sullivan UK LLP) and (LDCM Advogados)/ /Leave a comment

Introduction On April 1st, the new Government Procurement Act (“GPA”) came into force (Law n. 14,133/2021). The new Act brings many positive changes to the processes of tendering and bidding conducted by state entities. Its legal provisions intend to bring greater legal certainty for those who want to invest in large projects in Brazil led…

Annulment, Arbitrators, Code of Conduct, Code of Ethics, Disclosure, Ethics

(Woods LLP)/ /Leave a comment

In 2017 Spain was ordered to pay Eiser €128 million on account of its failure to afford fair and equitable treatment. This award was subsequently annulled because the claimant-appointed arbitrator omitted to disclose a professional relationship with the claimants’ damages expert which led to, inter alia, the tribunal being improperly constituted. The full costs of…

Achmea, CJEU, Intra-EU ISDS, Investment agreements

(ESSEC Business School, Paris; Paragon Advocacy)/ /Leave a comment

Many have long feared that the end of intra-EU BIT arbitration brought about by Achmea would soon be followed by the end of contract-based intra-EU ISDS. Although Advocate General (AG) Kokott’s recent Opinion in Case C-109/20 Poland v. PL Holdings allows for a glimmer of hope for non-treaty-based investment disputes, a closer reading of the…