New arbitration rules for the Australian Centre for International Commercial Arbitration (ACICA) came into force on 1 April 2021. The 2021 ACICA Rules update the 2016 Rules outlined here to bring them in line with other major institutional rules. Changes include express provisions regarding “e-arbitrations” (e.g. Rule 14) and to consolidate proceedings even in “chain…
The economic turmoil brought about by the COVID-19 pandemic will undoubtedly give parties pause in weighing the potential benefits of pursuing an arbitration claim, no matter how strong it is believed to be.1)The author thanks and acknowledges Mr. Akihiro Hironaka and Mr. Mihiro Koeda for their comments on this piece. Yet international disputes and arbitration…
The dispute between the former owners of the Yukos oil company and the Russian Federation concerning damages of more than US$50 billion is the largest in the history of arbitration. With thousands of pages written on the topic, the dispute has been summarized in earlier posts (see, amongst others, here and here). Following three arbitrations…
In November last year, the UK Supreme Court (the “Court”) pronounced judgment in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48. It held, among other things, that there was a duty of disclosure for arbitrators in English law. Recognizing the importance of the principle of party autonomy, the Court concluded that parties could,…
Subscribers of KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The first upload of materials for the 2021 volume of the Yearbook contains a small selection of interesting cases. These are my favorites. First, the French Cour de cassation and the United States District Court for the Western District of Washington both dealt with…
Over the last few years, the arbitration community’s attention was drawn to the establishment of English-speaking international commercial courts in various jurisdictions around Europe, Asia and the Middle East. Some said these courts would become a competitor of arbitration, providing an alternative forum to the international business community. Others were sceptical that the mere promise…
It is important to first define what are hybrid mechanisms in international dispute resolution. As Voltaire once stated, ‘If you wish to converse with me, define your terms’. Hybrid mechanisms refer to processes that involve and combine more than one dispute resolution mechanism. Hybrid mechanisms take a variety of forms. By way of illustration, Singapore…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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 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…
