International arbitration, International Arbitration Law Library Series, School of International Arbitration (SIA), sociology of international arbitration

(20 Essex Street and Queen Mary University of London)/ /Leave a comment

Professor Stavros Brekoulakis has written a blog post commemorating the 60th volume of Kluwer Law International’s International Arbitration Law Library Series (“Series”), of which he and I are co-editors. His blog post considered the Series’ contribution to the field in light of the evolution of international arbitration’s scholarship in the last 40-50 years. In particular,…

2020 In Review, Arbitration Agreement, Consent, Equal Treatment, Good Faith, Interim Award, Interpretation of Contracts, Partial award, Res Judicata, Right to be heard, Switzerland

(Rihar & Thouvenin Dispute Resolution)/ /Leave a comment

This report highlights the most significant arbitration related decisions of the Swiss Federal Supreme Court (the “SFSC”) issued in 2020.   Tribunal’s Jurisdiction – Scope of Arbitration Agreement In 2020, the SFSC issued several decisions on the jurisdiction of an arbitral tribunal and on the determination of the objective (ratione materiae) and subjective (ratione personae)…

Bankruptcy, Brazil, COVID-19, Insolvency, International Commercial Arbitration, Latin America

(Quinn Emanuel Urquhart & Sullivan UK LLP)/ /Leave a comment

On 24 December 2020, the New Brazilian Insolvency Act (“NBIA” – a slight misnomer, as the Act is in fact an amendment to an existing statute) was published in the official Brazilian gazette. The act implements important modifications in the field, including a few related to arbitration, which came into force on 23 January 2021….

Arbitration, Fee Agreeements, Hong Kong, outcome related fee structures, Third party funding

(Shearman & Sterling LLP)/ /Leave a comment

Hong Kong currently prohibits lawyers from using outcome related fee structures (“ORFSs”), including “No-Win, No-Fee” type arrangements, for arbitrations and other contentious matters. This looks set to change for arbitrations, however, following the publication late last year of a compelling Consultation Paper by the Outcome Related Fee Structures for Arbitration Sub-committee of the Law Reform…

2020 In Review, Diversity, Due process, Remote hearings, sociology of international arbitration, Sustainability, Virtual hearings, Vis Moot

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

In the aftermath of the COVID-19 public health crisis, a seismic event in history, many of us feel as if 2020 is the year that did not happen. While it certainly was not business as usual, in a display of flexibility and resilience, the arbitration community ensured that the (virtual) show did go on. With…

BIT, Energy Charter Treaty, Fair and Equitable Treatment, Investment Arbitration, Investment protection, Investment Treaties, Investor-state tribunals, Legitimate Expectations

(University of Passau)/ /Leave a comment

In the early 2000s, several European states introduced generous incentive programs to attract investors to renewable energy, triggering an investment boom. In the wake of the global financial crisis of 2008, however, the incentive payments put a strain on regulators. The subsequent changes to the regulations of the renewable energy sector implemented by Spain, Italy,…

Journal of International Arbitration

(ArbBoutique & Queen Mary University of London)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Sundaresh Menon, Arbitration’s Blade: International Arbitration and the Rule of Law The legitimacy of a system of dispute resolution depends intrinsically on the trust and confidence of its users in its decision-making processes,…

2020 In Review, Arbitrator's mandate, Corruption, Disclosure, Economic Sanctions, Enforcement, France, Immunity, Independence and Impartiality, kompetenz-kompetenz

and (Talma Dispute Resolution)/ /Leave a comment

The pandemic did not prevent French courts from bringing their share of arbitration-related developments, although they remained almost inactive from March to June. This post succinctly reviews some of 2020’s noteworthy developments.   Important Decisions of the Paris Court of Appeal’s International Section Operational since March 2018, the International Chamber of the Paris court of…

Arbitration, Disclosure, Domestic Courts, Emergency Arbitrator, Public Procurement, State Aid, Tender Dispute, UNCITRAL Model Law

, (Freshfields Bruckhaus Deringer LLP)/ /Leave a comment

Competitive tendering for construction and engineering contracts is an essential element of business for the industry. Huge expenditure is devoted to public infrastructure projects and effective competition is essential to achieve value for money and appropriate use of public funds. The World Bank estimates that Governments worldwide spend US$9.5 trillion in public contracts every year….

Arbitration, Consent awards, Corruption, Enforceability, France, International Public Policy, Libya, UNCITRAL Arbitration Rules

(Signature Litigation Paris) and (Signature Litigation LLP)/ /Leave a comment

The dispute involving the State of Libya and French company SORELEC was heard by the Paris Court of Appeal in the context of a much lower tolerance for bribery and corruption in domestic and international affairs than ever before. France has indeed significantly strengthened its anti-corruption framework since adopting the so-called “Sapin II” law in…

Advocacy, Arbitration Industry, Best practices, Civility, Ethics, ICCA, Kluwer Podcast, Podcast, sociology of international arbitration

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

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,…

Arbitrators, Code of Conduct, Disclosure, Diversity, ISDS, ITA, Liability, UNCITRAL Model Law

(Esguerra Asesores Jurídicos)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The ITA (Institute for Transnational Arbitration) – ALARB (Latin American Society of Arbitration) Americas Workshop took place virtually on 2-4 December 2020. The conference focused on the role of arbitrators, their liabilities, challenges, and the need for increased diversity efforts. The conference was co-chaired by Julie Bédard (Skadden, New York), and Maria Inés Corrá (Bomchil, Buenos…

2020 In Review, Arbitrability, Arbitration institution, Armenia, China, COVID-19, Document Production, Enforcement, Free Trade Zones, Georgia, HK Arbitration Week, Hong Kong, Interim measures, Japan, Macau, South Korea, Virtual hearings

, and (Peter & Kim)/ /Leave a comment

In spite of unfamiliar challenges that emerged in 2020, arbitration progress in East and Central Asia has persisted. In this post, our East and Central Asian editorial team recapitulates major arbitration trends and developments of the region featured in the past year from the perspectives of national and interstate policies, judicial and legislative changes, as…

Enforceability, Foreign arbitral awards, Judicial delay, New York Convention, Recognition

(Hulbert Volio Montero) and (Aguilar Castillo Love)/ /Leave a comment

Approximately a year ago, on 19 December 2019, the First Chamber of the Supreme Court of Costa Rica recognized an ICC arbitration award rendered on 10 June 2016 by a tribunal seated in Miami. This case, one of the very few where the New York Convention (“NY Convention”) has been applied by a State court…

Energy Charter Treaty, Fair and Equitable Treatment, Uncategorized

(Nyenrode Business University)/ /Leave a comment

Traditionally, one of the central pillars of the FET standard has been the protection of legitimate expectations. Legitimate expectations can be either based on a host state’s specific representations provided to the investor, or, under certain conditions, such expectation can be based on the regulatory framework that existed at the time of making the investment….

2020 In Review, BIT, Brexit, COVID-19, Due process, foreign direct investment, Human Rights, International agreement, Investment Arbitration, ISDS, ISDS Reform

(Georgetown Law) and (Columbia Law School)/ /Leave a comment

It will come as no surprise to the readers of this blog that the ongoing COVID-19 pandemic has had a significant impact on international arbitration (see blog coverage here).  In this post, we take a look back at 2020 to consider the intersection of the pandemic, investment, and human rights.  In February 2020, one of…

Arbitration Industry, Arbitrator Intelligence, Careers in Arbitration, ICCA, Interviews with Our Editors, Podcast, sociology of international arbitration, Technology

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Director Content and Market Development, Wolters Kluwer Legal & Regulatory, International Group)/ /Leave a comment

Gwen de Vries is Director of International Group Content & Market Development at Wolters Kluwer Legal & Regulatory, U.S. (‘Wolters Kluwer’). She has decades of experience and expertise in information services, focusing on the international legal market, including international arbitration. Among other projects, Gwen leads the team behind Kluwer Arbitration, Wolters Kluwer’s development of content…

Australia, Energy, Energy Charter Treaty, Investment Arbitration, Renewable energy

(Herbert Smith Freehills LLP) and (Herbert Smith Freehills)/ /1 Comment
ACICA 45

The Renewable Energy Target (RET), Australia’s key policy instrument for encouraging electricity generation from renewable sources, has been described as a policy hampered by politicisation. Notwithstanding such criticism, in 2019, it was reported that Australia’s energy system is undergoing the transition to renewables faster than any other country in the world.1)Blakers et al., (2019) “Pathway…

Arbitration Institutions and Rules, Banking and Finance, P.R.I.M.E. Finance, PCA

(AFFAKI)/ /Leave a comment

What makes disputes in banking and finance different? After all, like most commercial disputes, their determination often requires the interpretation of contracts, deciding whether a party is liable in contract or tort, and quantifying damages. Furthermore, financial institutions are, in many respects, no different from other commercial parties to disputes. Yet, in practice banking and…

Africa, Diversity, ICC, Interviews with Our Editors, ISDS Reform, Working Group III

(University of Oxford)/ /Leave a comment

Ndanga Kamau is a Vice President of the International Chamber of Commerce (ICC) International Court of Arbitration and the President of the ICC Africa Commission. She is an international lawyer who specialises in international dispute settlement and international law. She sits as arbitrator and represents clients in international disputes. She also provides consultancy work and…

Arbitration institution, International tribunals, Investment Arbitration, Investment Disputes, investor-State arbitration and mediation, Mediation, Mediation and Dispute Management, UNCITRAL, Working Group III

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

There may have been a lot of government restrictions limiting physical gatherings this year, but these restrictions surely did not limit our enthusiasm in gathering (virtually and intellectually) for the first-ever United Nations Commission on International Trade Law (‘UNCITRAL’) Working Group III (‘WGIII’) Pre-Intersessional Meeting. The virtual event, with the theme “The Use of Mediation…

Brazilian Arbitration Journal

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

In this issue, the Brazilian Arbitration Journal pays tribute to Professor Theophilo de Azeredo Santos, one of the pioneers of arbitration in Brazil, in a Note In Memoriam by Selma Ferreira Lemes and Fabiane Verçosa. This edition also marks the last one coordinated by our Editor-in-Chief Flavia Mange, who has diligently and competently directed the…

Arbitration, Counsel, Guaidó, Venezuela

(AFALEGAL S.C.)/ /2 Comments

Nicolas Maduro was “reelected” President of Venezuela for the constitutional period from 2019 to 2025. This presidential election was the subject of serious questions by large representative sectors of Venezuelan society, as well as by the United States, the European Union, and most Western Hemisphere countries. Given this situation, Juan Guaidó, as head of the…

2020 In Review, Annulment, Appeal, Arbitration Awards, Arbitration Institutions and Rules, Bankruptcy and arbitration, Brazil, Chile, Colombia, Commercial Arbitration, Confidentiality, Corruption, COVID-19, Duty to Disclose, Emergency Measure, Enforcement, Judicial intervention, Latin America, Mexico, Peru, Transparency, Venezuela

(Herbert Smith Freehills)/ /Leave a comment

Corruption, annulment of arbitral awards and court intervention mark the main developments for 2020 in Latin America.  Our contributors this year reported on the most important judicial decisions and legislative measures impacting the legal framework of various jurisdictions in the region. A new ‘hot topic’ arising from the COVID-19 pandemic is the interplay between arbitration…