Arbitration institution, Institutional Rules, Interviews with Our Editors, Japan, Japan Commercial Arbitration Association, JCAA

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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,…

Australia, Singapore, Stay of Proceedings, Waiver

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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…

ISDS Reform, Working Group III, WTO

(Leiden University) and (Ministry of Economic Development of the Russian Federation)/ /Leave a comment

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)….

CJEU, Energy Charter Treaty, Enforcement, Enforcement of an award that was set aside

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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…

COVID-19, Damages, Force majeure

(Martinez Arbitration), (FTI Consulting), (Freshfields Bruckhaus Deringer LLP), and (Delos Dispute Resolution, Virjee Arbitration)/ /1 Comment

The onset of COVID-19 has brought significant volatility to financial markets and increased uncertainty for investors and businesses of all classes. In the arena of international arbitration, where stakes can be in the multibillions, the ability to assess damages despite this uncertainty is of paramount importance. This post will address some insights from the webinar…

AfCFTA, AfCFTA Investment Protocol, Africa, ICSID, Investor-State arbitration

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Cases involving African parties contribute to a significant number of International Centre for the Settlement of Investment Disputes (ICSID) cases. Indeed, 15% of ICSID cases involve parties from sub-Saharan Africa and 18% of ICSID cases involve parties from Middle East and North Africa. The UNCTAD database of Investor State Dispute Settlement (ISDS) cases records 145…

Arbitrator Selection, Arbitrators, Diversity, ICC Arbitration

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Rising Arbitrators Initiative (RAI)

On 21 January 2021, the Rising Arbitrators Initiative (RAI) had the opportunity to speak with Claudia Salomon, the incoming first woman President of the ICC International Court of Arbitration (ICC Court), with closing remarks by Yves Derains, a former ICC Secretary General. RAI founders Rocío Digón (White & Case), Ana Gerdau de Borja Mercereau (Derains…

appealable decision, CAS arbitration, Sport arbitration

(I.R. Iran Archery Federation)/ /Leave a comment

In accordance with S20.C of the Code of Sports-Related Arbitration (the Code), the Appeals Arbitration Division (AAD) of the Court of Arbitration for Sports (CAS) has jurisdiction “to resolve disputes concerning the decisions of federations, associations or other sports-related bodies insofar as the statutes or regulations of the said sports-related bodies or a specific agreement…

Arbitration, Latvia, Reform

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Latvia is an infamous unicorn in the field of arbitration because of its record-number of institutional arbitration courts. In November 2013, there were 214 arbitration courts in Latvia. Regretfully, this is not because we as a nation love arbitration that much. Liberal regulations have allowed any legal entity to establish an arbitration court which to…

Arbitrator Selection, Arbitrator's mandate, Arbitrators, Asia

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On 23 February 2021, the Rising Arbitrators Initiative (RAI) and HK45 co-hosted the third installment of the webinar series The Rising Arbitrator’s Challenge: Navigating the Promise and Perils of Your First Appointments. As the webinar series aims to shed light on different jurisdictions, the third installment focused on Asia. The overarching topic addressed the thorny…

Arbitration, Arbitration Proceedings, Blockchain, LegalTech, Online Dispute Resolution, Technology

(Chang Law)/ /Leave a comment

Technology continues to transform the practice of law at a blistering pace – something obvious to all of us who suddenly find ourselves holding Zoom meetings from home in professional tops – and pyjama bottoms.  However, technology’s continuing integration into the daily fabric of dispute resolution is much more than endless Zoom meetings, or even…

Arbitration Act 1996, Arbitration Agreement, Arbitration clause, England, English Arbitration Act, English courts, English Law, Helice Leasing, LCIA Rules

, , (Curtis, Mallet-Prevost, Colt & Mosle LLP)/ /Leave a comment

In a recent High Court case, it was held that a reference in a contract to the “court” did not mean a court at all but meant instead – perhaps alarmingly – arbitration. This decision in Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TbK [2021] EWHC 99 (Comm) may be a cause of concern…

Construction arbitration, Costs, Costs in arbitral proceedings, Middle East

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Herbert Smith Freehills

Each of the major arbitral institutions requires that parties furnish some form of advance on costs before an arbitration can proceed. The advance on costs is a deposit paid by the parties to cover fees and expenses of the tribunal and the institution’s administrative expenses (“Advance”). Whilst payment of an Advance is often perceived as…

Brazil, Public Entities, Shareholders Arbitration, United States Courts

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The recent crisis between the Brazilian president Jair Messias Bolsonaro and the Brazilian national oil company Petrobras may result in a wave of investors’ claims submitted to arbitration against the Brazilian Federal Government for abuse of controlling power and breach of fiduciary duties under the Brazilian Companies Act 1976. During a live broadcast on February…

Arbitration, Arbitration Institutions and Rules

(The Arbitration Institute of the Finland Chamber of Commerce)/ /3 Comments
Finland Arbitration Institute (FAI)

In recent years the arbitration community has embraced digitalisation. Already before the pandemic we were exploring the use of legal tech and even thinking of how artificial intelligence would profoundly change our business and our profession. Most likely the form and content of the services we provide will be different in the future due to…

Investor-State arbitration, ISDS, SCOTUS, United States, United States Courts

(Hecht Partners LLP)/ /3 Comments

Investor-state international arbitration may provide a way forward for Survivors and their heirs after the U.S. Supreme Court’s decision denying claims in two restitution cases regarding Holocaust-era stolen property:  Federal Republic of Germany v. Philipp (for return of Medieval art stolen by the Nazis) along with the companion case of Republic of Hungary v. Simon…

ADGM

(Blanke Arbitration LLC)/ /Leave a comment

The 2015 Arbitration Regulations of the Abu Dhabi Global Market (“ADGM”), the Abu Dhabi-based financial free zone, (the “2015 ADGM Arbitration Regulations”) (consolidated text The Amendment focuses on a number of areas to enhance the efficient operation of the 2015 ADGM Arbitration Regulations, including in particular a clarification of the scope of an arbitration agreement…

Arbitration Institutions and Rules, FAI, Finland

(The Arbitration Institute of the Finland Chamber of Commerce)/ /1 Comment
Finland Arbitration Institute (FAI)

When starting as the secretary general of the Finland Arbitration Institute (FAI) almost two years ago I wanted to properly understand what it is that we do and how we can reach our full potential in it. I had been a part of the arbitration community, arbitrating, teaching and doing research for long enough to…

Code of Conduct, conflict of interest, Disclosure, Ethics, ISDS, Transparency, Working Group III

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“To disclose or not to disclose?” no longer seems to be a question for international arbitrators. The narrative and policy space surrounding the independence and impartiality of international arbitrators has been consistently driven towards maximum disclosure obligations. This is evidenced in recent legal instruments seemingly blurring the lines between the recognized ethical standards for arbitrators,…

Anti-suit injunction, France, Germany, International arbitration

(Humboldt University of Berlin)/ /3 Comments

For more than a decade, it was evident that anti-suit injunctions are not permitted in the European Union. Recently, however, there have been developments that could signal the beginning of a new dawn. In late 2019, the Higher Regional Court Munich confirmed the first anti-anti-suit injunction in German history. The court prohibited Continental from further…

CAS arbitration, Federal Supreme Court of Switzerland, Impartiality, Social media

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Regardless of whether you are a sports enthusiast, the Swiss Federal Tribunal’s recent revision of the CAS award in WADA v. Sun Yang is unlikely to have escaped your attention. In its judgment of 22 December 2020 (4A_318/2020), the Swiss Federal Tribunal referred the Chinese swimmer’s case back to CAS, overturning an eight-year ban. A…

Interim measures, Public Policy, Sanctions, Ukraine

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There is still a common misconception among foreign arbitration practitioners that in post-soviet countries the courts often tend to refuse recognition and enforcement of arbitral awards based on public policy. Is this characterisation fair with respect to Ukraine? There have been five recent cases in Ukraine on violation of public policy, with some landmark decisions…

Brexit, Free Trade Agreements, International arbitration, Investment Arbitration, Japan, Reform

and (Concepción Global, PLLC, Universidad Complutense de Madrid)/ /1 Comment

On 23 October 2020, Japan and the United Kingdom (UK) signed a Comprehensive Economic Partnership Agreement (CEPA) with the agreement coming into force on 1 January 2021. This signifies a historic landmark as the UK’s first trade deal as an independent nation, and represents a key milestone for international trade in a post-Brexit UK. The…