With cross-border M&A growing from $31 billion in 1985 to over $1.2 trillion in 2019, there is no doubt that there is a global appetite for such deals. While parties involved in M&A transactions generally expect to close deals smoothly and proceed with their respective businesses in peace, reality shows that disputes inevitably arise and…
Arbitration Tech Toolbox is a new series on the Kluwer Arbitration Blog that aims to stimulate broader discussion and debate in the arbitration community on arbitration-related technology, its impact, and its future. We believe everyone stands to gain from a discussion of best practices surrounding the ongoing adoption of new technologies and identification of available…
The Third Annual Schiefelbein Global Dispute Resolution Conference took place on Friday, January 15, 2021. The conference was hosted by the Lodestar Dispute Resolution Center at the Sandra Day O’Connor College of Law and generously supported by Les and Linda Schiefelbein. This post distills selected topics and highlights from the conference – including comments from…
The authority required to agree to arbitration on behalf of a juristic person has been a heavily debated issue in the United Arab Emirates (“UAE”). This blog post examines relevant legislation and case law with respect to limited liability companies and public joint stock companies in an attempt to reach a conclusion on what type…
In its civil ruling (2018) Yue 03 Min Te No 719 on 26 April 2020, the Shenzhen Intermediate People’s Court (the “Court”) set aside an award made by a local arbitral institution in Shenzhen (the “Award”), a special economic zone and the bridgehead of the China’s reform and opening-up. This judgment was approved by the…
By reading this horoscope, you consent to any dispute arising out of or relating to your sign to being finally settled by three astrologists appointed in accordance with the Rules of Astrology in force at the time. As provided by Article 13(5) of the said Rules, the third, or presiding astrologist, shall not be of…
On 3 March 2021, the German Arbitration Institute (DIS) held an online event for the discussion of a proposal for the introduction of third-party notice in the DIS arbitration rules. The proposal comes at a point in time when hundreds of mooties are preparing for this year’s edition of the Willem C. Vis Moot which…
The role of party-appointed experts in the arbitration process has been the subject of debate for many years. This debate is set to continue, given the increasing volume of cross-border transactions and growing number of organisations and industries embracing arbitration as a dispute resolution mechanism. As a result, disputes submitted to arbitration have become increasingly…
The Court of Arbitration for Sport (“CAS”) has once again in a recent case demoted the burden of proof for an athlete seeking to show they did not commit an Anti-Doping Rule Violation (“ADRV”). The World Anti-Doping Code (“WADC”) provides that an athlete who is found to have committed an ADRV involving a prohibited substance…
On December 11, 2020, the Dispute Resolution Interest Group (“DRIG”) of the American Society of International Law (“ASIL”) hosted a webinar on “The Future of Investor-State Dispute Settlement under the Energy Charter Treaty.” The event featured Amaia Rivas Kortazar, André von Walter, Crina Baltag, and Yuriy Pochtovyk, and was moderated by DRIG co-chairs Simon Batifort…
Introduction On 17 February 2021, the International Bar Association published its revised Rules on the Taking of Evidence in International Arbitration (“IBA Rules”), replacing the former rules from 2010. The IBA Rules were first introduced in 1999 to codify an international best practice for the taking of evidence in international arbitration proceedings. Influenced by practices…
Both in Formula 1 and in international arbitration, small yet innocent mistakes can trigger significant risks. Lack of proper cybersecurity measures can lead to irreversible results with negative impact on all stakeholders involved. In Formula 1 racing, the risk of danger is at every corner and one simple wrong move can change the outcome of…
On 20 February 2021, the King’s Forum on IDR and Triumvir Law organised a virtual fireside chat with Mr. Salman Khurshid (former Indian Minister of Foreign Affairs) and Dr. Aniruddha Rajput (India’s Member of the International Law Commission). The fireside chat was part of the webinar series on ‘Investment Arbitration in India’. During the conversation,…
In February 2021, Facebook made the unprecedented decision to ban Australian news-related content posted by Australian users. Facebook’s move was reportedly in retaliation to the Federal Government’s introduction of the News Media and Digital Platforms Mandatory Bargaining Code (Code). Under the Code, operators of “designated digital platform services” in Australia will be required to negotiate…
International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode,…
Since 2016, the Government of the Republic of Uzbekistan has been implementing significant political, legislative, judicial, economic, and social reforms with the aim of developing the country, enhancing its investment climate, and improving the lives of its citizens at a much more rapid pace than before.1)The authors were the lead international arbitration experts and resources…
Among its over 50 decisions on appeals against arbitral awards rendered in 2020, the Swiss Federal Supreme Court (“Supreme Court”) in two decisions yet again addressed a delicate issue on the interaction of human rights and arbitration: can private parties challenge arbitral awards on the basis that the arbitral tribunal violated their human rights under…
As the transition period following the United Kingdom’s withdrawal from the EU approached, there was much speculation about what a “no deal” Brexit might entail. Optimistically, some drew inspiration from Singapore to suggest a possible future for the City of London as an “offshore” European financial services hub. While the exclusion of financial services from…
Following a highly-publicized diplomatic battle among the EU Member States (MS), the EU revealed in mid-February its proposal to amend the ECT’s definition of the “Economic Activity in the Energy Sector” (EAES). The announcement allayed fears of the intra-EU discussions on the matter falling apart. Insofar as it sets forth a vision for amendments that…
The Higher Regional Court of Frankfurt (OLG Frankfurt) delivered a decision on 16 January 2020 (Judgment) that has sparked interesting reactions to an already open debate in Germany on dissenting opinions (see previously on this Blog, here and here). But this decision also allows for a comparison of how German and Italian arbitration law, both…
Professor Masato Dogauchi is a Chief Arbitration and Mediation Officer of the Japan Commercial Arbitration Association (“JCAA”), Professor of Law at Waseda University Law School, and Professor Emeritus at the University of Tokyo. He has authored numerous publications in the areas of arbitration, international civil procedure, and private international law. He has sat as arbitrator,…
The concept of ‘waiver’ is a nebulous creature, crossing into the realms of estoppel, repudiation and variation. For the purposes of ss 7(2) and 7(5) of Australia’s International Arbitration Act 1974 (Cth), Australian jurisprudence has distinguished between ‘strong’ and ‘weak’ waiver, as summarised in ACD Tridon v Tridon Australia [2002] NSWSC 896 (‘ACD Tridon’). ‘Strong’ waiver…
Delegates to the recently held 40th session of UNCITRAL Working Group III set out to debate the character of investor-State dispute settlement (ISDS) from three angles: the selection of tribunal members, the adoption of a code of conduct, and the establishment of an appellate mechanism (discussed in a series of posts on this reform process)….
On 15 January 2021, the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit Court”) handed down its decision in LLC SPC Stileks v. Republic of Moldova, No. 19-7106 (D.C. Cir. 2021)—a case concerning the confirmation of an arbitral award against the Republic of Moldova. The US courts confirmed the award…
