Cybersecurity, General Data Protection Regulation, International arbitration, Lei Geral de Proteção de Dados, Personal data protection

, (Flex Arbitri)/ /Leave a comment

Brazil’s new data protection law, the Lei Geral de Proteção de Dados (LGPD) (September 18, 2020), has important implications for international arbitration users and practitioners.1)On August 2018, the law was approved with an effective date of February 2020. Because of the COVID-19 pandemic, the effective date was postponed and the law came into force in…

2020 In Review, Arbitration institution, Arbitration Institutions and Rules, BIT, Institutional Rules, Investment Arbitration

(The Australian National University)/ /Leave a comment

In 2019, we were wondering whether winter had come to Investor-State Dispute Settlement (ISDS), bringing with it a decline in the negotiation and conclusion of bilateral investment treaties. Looking back on 2020, we are left asking ourselves a similar question. This post will examine the year’s major institutional developments and their effects on ISDS both…

Africa, Domestic Courts, Institutional Arbitration, Kenya

(Equanimity Arbitration)/ /Leave a comment

Welcome to the Kluwer Arbitration Blog, Mr. Ngugi!  We are grateful for this opportunity to learn more about the Nairobi Centre for International Arbitration – NCIA, the type of disputes it handles and the way it is facing recent developments, such as the COVID-19 crisis. Please give our readers a brief background of yourself and…

2020 In Review, Arbitration, Kluwer Arbitration Blog

(Notre Dame Law School) and (Stockholm University)/ /Leave a comment

In December of each year we take a moment to thank our readers, collaborators and editors for their tremendous support. This year is special. As we come at the end of a year of challenges, but also of opportunities, we express our gratitude for being part of an amazing community and for being able to…

Abu Dhabi, Arbitrability, Commercial Agency, National Courts, UAE

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

One of the questions that the legal community in the United Arab Emirates (“UAE”) has been grappling with is whether or not commercial agency disputes are arbitrable. Decisions have been issued invalidating arbitration agreements in the context of commercial agency disputes. However, contrary decisions upholding arbitration agreements have also been issued. This post examines one…

2020 In Review, Europe, ICC Rules, Investment Arbitration, LCIA Rules, Legislation, Ordre Public, Right to be heard, Yukos

(Brunel University London) and / /Leave a comment

Although the Old Continent has suffered tremendously at the hands of the COVID-19 pandemic, the world of arbitration still managed to find a way to keep on going. In this post, we are going to provide an overview of the most pivotal arbitration developments that occurred on the European soil in 2020. Among others, these…

Best practices, Egypt, Estoppel, Party Representation, Remote hearings, Revision of Award

(Zulficar & Partners)/ /Leave a comment

On 27 October 2020, the Egyptian Court of Cassation (“Court”) rendered a ground-breaking judgment that is demonstrative of the Court’s appreciation of ongoing global developments in the field of arbitration (a courtesy translation prepared by the author of this post is available here). The case pertains to a domestic construction dispute under a subcontract that…

Arbitration Institutions and Rules, Islamic Finance Disputes, Malaysia

(Asian International Arbitration Centre)/ /Leave a comment
Asian International Arbitration Centre (AIAC)

Aside from providing great entertainment, films such as Wall Street and The Big Short have taught us that there are numerous complex financial products which are regularly created within the banking and finance industry that could give rise to disputes. Traditionally, litigation has been the mode of choice for resolving banking and finance disputes. However,…

Arbitration, Data Protection, Med-Arb, State-State Dispute Settlement, UNCITRAL

, (Indian Journal of Arbitration Law)/ /Leave a comment

The Centre for Advanced Research and Training in Arbitration Law (CARTAL) and the Indian Journal of Arbitration Law (IJAL) organised the 5th Annual Conference on International Arbitration titled ‘Riding New Tides: Arbitration in a Changing World’ (‘Conference’) on 9–11 October 2020 with the support of the SAARC Arbitration Council. The Conference comprised three panel discussions on…

2020 In Review, Appellate Court, Burden of proof, Colombia, Corruption, Dominican Republic, International Investment Arbitration, Interpretation, Latin America, Lava Jato, Mexico, Odebrecht investigation, Peru, USMCA, Venezuela

(Locke Lord LLP)/ /Leave a comment

In 2020, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. From the entry into force of the United States – Mexico – Canada Agreement (USMCA) signed over a year ago, as well as numerous cases and actions still arising from the Odebrecht scandal that became public back…

Damages, Energy, Infrastructure, Washington Arbitration Week

(Allen & Overy LLP) and (Concepción Global, PLLC, Universidad Complutense de Madrid)/ /Leave a comment

Following on the first day of Washington Arbitration Week (WAW), covered in detail here, later programming of WAW did not shy away from further in-depth discussions. This post highlights programming that dug into energy and the environment, arbitration from the client’s perspective, infrastructure disputes during the pandemic, and last but not least, damages valuation.  …

ISDS Reform, Washington Arbitration Week

(Concepción Global, PLLC, Universidad Complutense de Madrid) and , / /Leave a comment

The 1st edition of Washington Arbitration Week (WAW) included focus on systemic issues pertaining to ISDS. Today, ISDS reform is at a crucial point. Theories and approaches to reform are now crystallized into working papers from States and other organizations, and academic papers submitted before UNCITRAL’s Working Group III (“WG III”). Panelists critically reviewed the…

COVID-19, Technology, Third party funding, transparency, Washington Arbitration Week, Women in arbitration

(Concepción Global, PLLC, Universidad Complutense de Madrid)/ /Leave a comment

The first edition of Washington Arbitration Week or WAW, took place on-line from November 30 to December 4, 2020, hosting 15 panels with over 4,000 registrations and 1,476 attendees. This post aims to provide a flavor of the first day of programming. The Co-Chairs of WAW, Ian Laird and Dr. Jose Antonio Rivas, opened the…

Common Law, England, English courts, Law governing the arbitration agreement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Validation

(39 Essex Chambers)/ /Leave a comment

Much has been written about the UK Supreme Court’s decision in Enka v Chubb [2020] UKSC 38 (“Enka”) including on the blog. Those familiar with the judgment will know the Supreme Court decision was split 3 – 2 and the majority upheld the Court of Appeal’s decision but on different grounds. These divisions may give…

Arbitral Tribunal, Arbitration, Arbitrator Intelligence

(Bocconi University), (Association ARBITRI), and , (Arbitrator Intelligence)/ /1 Comment

In Disney’s Fantasia, the third segment—called The Sorcerer’s Apprentice—is based on the poem by Johann Wolfgang von Goethe. It features the charming but somewhat lazy Mickey, who is tired of his chores. To get some help, he borrows Sorcerer Yen Sid’s hat, and uses it to magically animate a broom with what today we might…

Arbitration Act, Arbitration Act 1996, Foreign seat, India

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On 3 November 2020, the Gujarat High Court rendered a decision in GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited where it held that while two Indian parties can choose a foreign seat of arbitration, they would not be entitled to seek interim measures from Indian courts under section 9 of…

2020 In Review, Africa, Arbitration, Arbitration Institutions and Rules, Commercial Arbitration, New York Convention

(Equanimity Arbitration) and (University of Oxford)/ /Leave a comment

We initiate our traditional Year in review series of 2020 with a retrospective view of the reported developments in the Sub-Saharan Africa. In this post, we aim at giving you a quick look back to some of our most impactful publications in 2020 from this geographical area, with a focus on the commercial arbitration developments…

Anti-suit injunction, Interim measures, UK

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

It is important for parties to arbitration agreements to understand to what extent they might be able to obtain effective interim relief from the courts. While parties may provide in their arbitration agreement, whether through express drafting or (more often) by incorporation of institutional rules, that the parties shall be permitted to seek interim relief…

Artificial Intelligence, Bias, International arbitration

(Wolters Kluwer Legal & Regulatory U.S.)/ /Leave a comment

Wolters Kluwer teamed up with the global law firm Clifford Chance to discuss the advances in artificial intelligence (AI), its limitations, and various applications in an interactive webinar titled Artificial Intelligence and Arbitration: Should We Keep It Real? The lively discussion covered AI fundamentals, in addition to recent developments in the field. The panel also…

Interview of our editors, Legal Practice, sociology of international arbitration

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

In this fourth installment of our “Interview of Our Editors” series, we take a global tour to gather perspectives from Benson Lim (Associate Editor), Enrique Jaramillo (Assistant Editor for Latin America), Boris Praštalo (Assistant Editor for Europe), and Giorgio Sassine (Assistant Editor for US and Canada). Thank you each for joining me!  Can you start…

Achmea, Energy Charter Treaty, Intra-EU ISDS, Investment Arbitration, Investment Disputes

(E&A Law Limited)/ /Leave a comment

Since Achmea there has been much debate on whether its reasoning invalidates ECT intra-EU investor state clauses as a matter of EU and international law. The recent AG’s Opinion in Cases C‑798/18 and C‑799/18 does not provide an answer to this question as a matter of EU law. A review of CJEU case law in…

Arbitrator Intelligence, Arbitrator Selection, Arbitrators

(Cohausz & Florack)/ /1 Comment

Let us be clear, the lightening’s spirit is out of the bottle and here to stay. It is neither possible nor desirable to prevent party counsel from using tools that increase the efficiency of party representation. Prof. Rogers and her co-authors provide a correct general description of AI-based information systems on decision makers. My firm…

Belgium, CJEU, ECT Modernisation, Energy Charter Treaty, Intra-EU ISDS, Investment Arbitration

, (Linklaters)/ /Leave a comment

On 3 December 2020, Belgium announced the submission of a request to the Court of Justice of the European Union (“CJEU”) for an opinion on whether the intra-European application of the arbitration provisions of the future modernised Energy Charter Treaty (“ECT”) are compatible with the EU Treaties. Belgium indicated that the purpose of its request…

Amendment, Arbitration Act, Arbitration Act 1996, Enforcement, India

(MIDS Geneva)/ /Leave a comment

In a bid to make its legal regime international arbitration-friendly, India has repeatedly amended its principal legislation, i.e. the Arbitration and Conciliation Act, 1996 (the ‘Act’), over the last five years. The most recent one, the Arbitration and Conciliation (Amendment) Ordinance, 2020 (the ‘2020 Amendment’), came into force on 4 November 2020 seeking “to address…