Arbitrators, Code of Conduct, ISDS, ISDS Reform, UNCITRAL

(Claro & Cia), (Reed Smith LLP), (Three Crowns LLP), and (Freshfields Bruckhaus Deringer US LLP)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The Institute for Transnational Arbitration (“ITA”) hosted a four-part webinar discussing the Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement, between 21-25 September 2020. Each part addressed specific practical considerations raised by the matters addressed in the Draft Code of Conduct: issue conflict, double hatting, repeat appointments, and implementation and enforcement of the…

Investment Arbitration, ISDS, Space Arbitration, Territory

(The Australian National University)/ /Leave a comment

Ever looked up at the night sky and wondered…what is the regulatory and dispute settlement regime that governs commercial activities out there? Well, it might be about time you did. This post celebrates October’s World Space Week by looking at the developments in the legal framework regulating commercial space activities and how the investor-state dispute…

Australia, Australian Arbitration Week, Diversity

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On 15 October 2020, Corrs Chambers Westgarth hosted a panel on ‘Diversity in Arbitral Proceedings – Opportunities and Challenges in the Wake of Remote Work and Virtual Hearings’ as part of Australian Arbitration Week. The panel was moderated by Rachael King and Nastasja Suhadolnik of Corrs Chambers Westgarth, with Kate Hay (Corrs Chambers Westgarth), Lucy…

Australian Arbitration Week, International Commercial Arbitration, Investment Arbitration, Reform, Treaty drafting

and (The Australian National University)/ /1 Comment

On 14 October 2020, Professor Zachary Douglas QC delivered the 19th annual Clayton Utz and University of Sydney International Arbitration Lecture as part of Australian Arbitration Week. This year’s topic was a response to Australia’s Department of Foreign Affairs and Trade’s (DFAT) review of its bilateral investment treaties (BITs). This blog post provides an overview…

Cost allocation mechanisms, Costs in arbitral proceedings, DIAC, UAE, UAE Federal Arbitration Law

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

There has been a lot of debate in recent years on whether attorneys’ fees, or in other words counsels’ fees, can be awarded under the applicable laws in the United Arab Emirates (“UAE”). This post examines a recent decision, Cassation No. 990/2019 Commercial, issued by the Dubai Court which deals with attorneys’ fees. Prior court…

Brazilian Arbitration Journal

(Lee Taube Gabardo; Editor in Chief, Brazilian Arbitration Journal)/ /Leave a comment

In this 67th edition of the Brazilian Arbitration Journal, the National Doctrine section introduces Tatiana Dratovsky Sister and Thiago Del Pozzo Zanelato’s analysis about the recent modifications to the legal framework applied to the franchise system and the use of arbitration in franchise contracts. Cristina M. Wagner Mastrobuono explores the legislative and regulatory landscape on…

Arbitration, Arbitration institution, Arbitration Institutions and Rules, ICC, ICC Arbitration, ICC Rules

(ICC International Court of Arbitration) and (Peter & Kim)/ /Leave a comment

On 6 October 2020, the International Court of Arbitration of the International Chamber of Commerce (ICC) approved and released its 2021 Rules of Arbitration (2021 Rules), in draft. These Rules are subject to editorial changes and the final version is to be officially launched in December 2020. The 2021 Rules of Arbitration will then come…

Court of Arbitration for Sport, Malaysia

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Asian International Arbitration Centre (AIAC)

As two young female practitioners with barely any experience in sports, both, on and off-the field, the idea of getting involved in the practice of sports law and arbitration was certainly not par for the course. Yet, it was everything about sports law and arbitration – ranging from the concept of strict liability in doping,…

Court of Arbitration for Sport, Malaysia, Sport arbitration

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

Ask any person on the street, and one would often find that sports has, in one way or another, played a role in or had an impact on their life. Commercially, the global sports industry has been one of the fastest growing industries. Like other growing industries where disputes are expected, the legal framework surrounding…

Arbitration Awards, Arbitrators, BIT, International arbitration, Interpretation, Investment Arbitration

and (University of Naples "Federico II")/ /Leave a comment

On 15 July 2020, an UNCITRAL Tribunal rendered a Partial Award on Jurisdiction in a dispute between Mr. Lee-Chin ­­and the Dominican Republic (DR) concerning the alleged expropriation of a landfill in Santo Domingo. The arbitrators had to decide whether the arbitration clause – enshrined in Article XIII, Annex III, of the Caribbean Community-Dominican Republic…

Consent, Investment Arbitration, Latin America, Treaty drafting, Treaty Interpretation

(Esguerra Asesores Jurídicos)/ /Leave a comment

A recent partial award on jurisdiction in Michael Lee-Chin v. the Dominican Republic debated the interpretation of dispute resolution clauses and State consent to investment arbitration. While interpreting the Free Trade Agreement between the Caribbean Community and the Dominican Republic (“CARICOM-DR FTA”), the majority concluded that Respondent gave advance consent to submit disputes to one…

Arbitrability, kompetenz-kompetenz, United States, United States Courts, USA

(Musick, Peeler & Garrett LLP)/ /Leave a comment

Recently, the U.S. Court of Appeals for the Third Circuit (the “Third Circuit” or the “Court”) addressed what it referred to as a “mind-bending” and “seemingly circular” question “dubbed ‘the queen of all threshold issues’ in arbitration law:” whether a court or arbitrator(s) decides if an agreement exists when the alleged agreement itself “includes an…

Antitrust arbitration, Arbitration Agreement, Competition Law, Germany

(Freshfields Bruckhaus Deringer) and (University of Aberdeen)/ /Leave a comment

During the last decade, antitrust arbitration has experienced some turbulent times. While many national courts decided against the arbitrability of competition disputes, a handful of them allowed for such proceedings to take place before an arbitral tribunal. Recently, the U.S. Department of Justice has relied on arbitration to resolve an antitrust dispute in the United…

Austria, COVID-19, Due process, Hearings

(WilmerHale & Queen Mary University of London) and , , (WilmerHale)/ /4 Comments

On 23 July 2020, the Austrian Supreme Court (Oberster Gerichtshof, OGH) rendered a decision examining whether conducting an arbitration hearing by videoconference over the objection of a party may violate due process (Case No. 18 ONc 3/20s). To the authors’ knowledge, this decision, rendered in the context of the COVID-19 pandemic, is the first national supreme court’s…

Arbitration, COVID-19, Young Arbitration

(Willkie Farr & Gallagher LLP), (Baker Hughes), and (Costigan King)/ /Leave a comment

February 2020: Everyone was looking at the events calendar for the year. Flights were booked, hotel prices had been compared and the list of people that we hoped to meet and speak to at various conferences was growing longer. Fast forward four months to June 2020 and the picture was bleak: all in-person events cancelled;…

Debate, HK Arbitration Week, Statistics, Tactics, Tribunal Secretary

(Kim & Chang)/ /Leave a comment

For its 10th anniversary, GAR Live Hong Kong took place on day four of the 2020 Hong Kong Arbitration Week.1)The views expressed in this article are those of the author’s and should not be attributed to Kim & Chang.  Held in full virtual format, the conference was rebranded “GAR Interactive” for the occasion.  The final session…

China, Economic, HK Arbitration Week, Hong Kong, Trade, USA

(Allen & Overy)/ /Leave a comment
HK45

Day three of Hong Kong Arbitration Week 2020 featured, as part of the ADR in Asia Conference, a panel session on US-China relations and the challenges and opportunities that arise out of that relationship.  The session was chaired and moderated by Mr Peter Yuen of Fangda Partners.  Mr Yuen was joined by a diverse group…

BIICL, Blockchain, COVID-19, Cryptocurrency, Efficiency, HK Arbitration Week, Smart Contracts, Technology

(Davis Polk & Wardwell, Hong Kong Solicitors)/ /Leave a comment

On the second day of the Hong Kong Arbitration Week 2020, the British Institute of International and Comparative Law (“BIICL”) hosted a virtual workshop on the impacts of technology and the pandemic which allows (or rather, demands) us to “re-imagine” arbitration.   Smart Contracts, Blockchain and Cryptocurrencies The first panel discussion addressed “Smart Contracts, Blockchain…

COVID-19, Expert evidence, Hearing protocol, HK Arbitration Week, Procedural Fairness, Remote hearings, Videoconferencing, Virtual hearings

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

The first day of Hong Kong Arbitration Week 2020, hosted by the Hong Kong International Arbitration Centre (“HKIAC”), was an opportunity for practitioners to discuss the topic: “Socially Distanced or Procedurally Flawed: International Arbitration in times of COVID“, which sought to address some of the ever-evolving challenges of conducting virtual hearings in times of COVID.1)The…

HK Arbitration Week, Hong Kong, Interviews with Our Editors

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Chiann Bao has been with Arbitration Chambers since 2018. She is currently Vice President of the ICC International Court of Arbitration. She previously acted as Secretary General of the HKIAC between 2010 and 2016, during which HKIAC was recognized in a 2015 International Arbitration Survey as the most preferred arbitral institution outside of Europe and…

Amendment to International Arbitration Act, Arbitration, Confidentiality, Institutional Arbitration, Multiple parties, Singapore

(City University of Hong Kong) and (Herbert Smith Freehills)/ /1 Comment

Singapore has emerged as one of the leading international arbitration centers not only in Asia but also in the world. To keep this title, the Singapore Ministry of Law (“Ministry of Law”) played a major role by keeping track on international and commercial legislative developments, and, adapting and framing innovative legislations to promote international arbitration….

Enforcement, India, Limitation period, Supreme Court

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The issue of limitation period applicable to the enforcement of a foreign award in India has been a vexed question for a long time because of various conflicting and diametrically opposite decisions rendered by different High Courts in India. The issue has finally been settled recently by the Supreme Court of India on 16 September…

Arbitration Agreement, Arbitration Agreements, Third party funding, Uber v. Heller

(Creel, García-Cuéllar, Aiza y Enríquez)/ /Leave a comment

Uber Technologies Inc. v. Heller raises questions on the possibility of third-party funding limiting unconscionable arbitration agreements. This post examines (I) how third-party funding could reduce the amount of unconscionable arbitration clauses and (II) how it could promote more specific criteria for the doctrine of unconscionability. Finally, this post offers some concluding remarks.   I. Third-Party Funding…

Enforcement, USA, vacatur

(Ava J Borrasso P.A.)/ /1 Comment
ArbitralWomen

In a recent opinion, the Eleventh Circuit Court of Appeals confirmed its prior decisions that the Federal Arbitration Act’s domestic provision on vacatur does not apply to international awards. In Earth Science Tech Inc. v. Impact UA, No. 19-10118, 2020 WL 1861402 (11th Cir. April 14, 2020) (unpublished), the Court specifically held that an international…