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Brazilian Arbitration Act, CAM, COVID-19, Eastern Europe, Economic Sanctions, English courts, English Law, French Law, French Supreme Court, Italy, LCIA, Nigeria, Nigeria Arbitration and Mediation Act, Revision of Award, Russia, Sanctions, UK Supreme Court, Ukraine, UNIDROIT Principles

Italian Arbitration Day: The Geography of International Arbitration

Vanda Kopic (Assistant Editor for Europe) (BonelliErede)/July 2, 2024July 2, 2024 /Leave a comment

…costs, funds remaining at the end of the arbitration, but also damages awarded. The European Commission has issued several clarifications on the notion of control, but the situations are not…

Energy, International agreement, Investment Arbitration

The Next Generation of Energy Transition Disputes: What Might Be the Future for Carbon Capture, Use, and Storage and Arbitration?

Emma Iannini/July 1, 2024June 30, 2024 /Leave a comment

…costs are starting to decrease, the technology’s high design complexity and need for customization to each stationary pollution source and geography might keep prices in the high-end range for a…

Canada, Enforcement, Interim measures, UNCITRAL Model Law

Canadian Planes, French Orders and Greek Courts: Lessons on Enforcing Interim Measures from Eurobank Ergasias v. Bombardier Inc.

Dina Prokic (Senior Assistant Editor) (Woods LLP)/June 29, 2024June 29, 2024 /Leave a comment

…to cover costs and the reparation of any prejudice that may result from such a measure. Such a decision is binding on the parties but one of them may, if…

Arbitration Institutions and Rules, Artificial Intelligence, Confidentiality and Transparency, Expedited arbitration, JAMS

JAMS Publishes Artificial Intelligence Arbitration Rules, but Are They Fit for Purpose?

Sam Winter-Barker (WilmerHale)/June 27, 2024June 25, 2024 /Leave a comment

…well as limiting AI-related expert evidence – may also be welcomed by parties seeking quicker resolutions of disputes at lower costs. However, the broad definition of AI in the JAMS…

Culture, Empirical Research, Evidence, FAI, International arbitration, Language, Legal Design, Psychology

Beyond Words: The Role of Visuals in Enhancing International Arbitration

Lodovica Raparelli (King’s College London and 3 Verulam Buildings)/June 25, 2024June 22, 2024 /Leave a comment

…for resolving complex transnational disputes, valued for similar reasons. Nonetheless, recent criticisms of international arbitration include its high costs, inefficiency, and the challenges posed by linguistic and cultural differences, as…

Advisory Centre, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series

Treating Symptoms or Root Causes? The Draft Statute of an Advisory Centre on International Investment Dispute Resolution

Lorenzo Cotula (International Institute for Environment and Development)/June 24, 2024June 23, 2024 /Leave a comment

…close to US$5 million, in addition to the cost of the arbitral tribunal itself. The high costs partly reflect the complex issues at stake and the specialist expertise needed. But…

Brazil, Latin America

International Arbitration Without Limits? Navigating Impossibilities in Arbitral Proceedings

Bruno Fucci (Fonseca e Salles Lima Advogados Associados)/June 23, 2024June 22, 2024 /1 Comment

…parties and lawyers try to excessively control certain aspects of the proceedings: Length/extension: setting unrealistic deadlines that complicate the proceedings and create unnecessary hurdles. Cost/expenses: attempts to strictly control costs,…

Expropriation, ICSID, Investor-State arbitration, Latin America, Panama

Navigating the Intersection of Sovereign Acts and Commercial Activities: Insights from Omega v. Panama

Rebeca Mosquera, Isabella Lorduy (Reed Smith)/June 20, 2024June 20, 2024 /1 Comment

…Tribunal rejected the Claimants’ claim and awarded part of the costs to Panama as the prevailing party, highlighting the complexity of the issue. Background of the Dispute Omega Engineering…

Full Protection and Security, Latin America, Mexico, Mining Sector, Organized crime

Do International Mining Investors Have an FPS Claim Against Mexico for Cartel Extortion?

Fernando Rodriguez-Cortina, Arturo Oropeza Casas (King & Spalding)/June 17, 2024June 11, 2024 /Leave a comment

…extortion could constitute a violation of the Full Protection and Security (“FPS”) standard typically found in such treaties. Background During the last 17 years, ever since Mexico launched its…

Brexit, ECT Modernisation, ECT Withdrawal, Energy Charter Treaty, England, Investment Arbitration, UK

Brexit 2.0: The United Kingdom Leaves the Energy Charter Treaty

Sebastian Wuschka (Luther Rechtsanwaltsgesellschaft mbH)/June 16, 2024June 19, 2024 /Leave a comment

At the end of February 2024, the United Kingdom (“UK”)’s Energy Security and Net Zero Minister Graham Stuart announced his country’s decision to withdraw from the Energy Charter Treaty (“ECT”)….

Arbitration, Latvia, Reform, Set aside an arbitral award

Latvia Introduces a Set-Aside Mechanism and Other Needed Changes to Its Arbitration Law

Maija Tipaine, Toms Krūmiņš (COBALT)/June 11, 2024June 8, 2024 /Leave a comment

…arbitration is initiated) will also have powers to grant requests for security of claims and other interim measures during arbitration proceedings, to appoint, challenge and replace arbitrators, to secure evidence,…

ICCA, ICCA Hong Kong 2024

Embracing the Human in Arbitration: A Look Back at ICCA Hong Kong 2024

Valentina Faienza, Paula Baldini Miranda da Cruz (International Council for Commercial Arbitration)/June 9, 2024June 12, 2024 /Leave a comment

…to justice, with costs being one of the main areas of concern. Crina Baltag and Rodrigo Garcia da Fonseca noted that there is a tension between the right of an…

Climate change, ECT Withdrawal, Energy Charter Treaty, European Convention on Human Rights, LIDW 2024

LIDW 2024: How Can Investment Protection Contribute to the Energy Transition?

Maria José Alarcon, Daria Korniienko/June 8, 2024June 7, 2024 /Leave a comment

…ECT may not immediately impact existing investments but could deter future investments, as new projects would lack the long-term security provided by the treaty. This reduced security could lead to…

International arbitration, LIDW 2024, Rule of Law

LIDW 2024: Rule of Law, Regulated Markets and Arbitration

Minul Muhamdiramge, João Gabriel Volasco Rodrigues/June 8, 2024June 7, 2024 /Leave a comment

…in arbitration at Hong Kong. Mistelles also explained the rule of law as “patrols of the arbitral perimeter”. Simply put, this requires disputes to be resolved without prohibitive costs and…

Enforcement, LIDW 2024

LIDW 2024: Arbitration and Enforcement Involving Sovereign States

Krystal Lee (Assistant Editor for Europe) (Dentons)/June 8, 2024June 7, 2024 /Leave a comment

…for the winning investor to successfully apply for security for the claim to be provided by the State challenging the award. This puts the award creditor in a much less…

LIDW 2024, Third party funding

LIDW 2024: Shifting Attitudes Towards Third Party Funding – Views From Across the Globe

Iulia Anghelescu/June 8, 2024June 7, 2024 /Leave a comment

…a legal basis for the recoverability of costs. Therefore, TPF costs are highly likely to be successfully challenged in courts. Christopher Lau referred to a case in Singapore in which…

Access to Justice, Enforcement, International arbitration, LIDW 2024, Russia, Sanctions

LIDW 2024: Navigating the Practical Implications of Sanctions in International Arbitration

Giovanni Dall'Agnola (Assistant Editor for Investment Arbitration) (Geneva Graduate Institute) and Jean Paul Roekaert (Assistant Editor for Investment Arbitration)/June 7, 2024June 7, 2024 /Leave a comment

…the proceedings. Furthermore, securing payment and managing costs in cases involving sanctioned entities requires meticulous planning and often necessitates applications for security for costs to mitigate the risk of non-payment….

Bonds, Investment Arbitration, Investment Disputes, Investment protection, ISDS, LIDW 2024

LIDW 2024: Bank Collapse and ISDS: Arbitration Strategy and Dramatis Personae

Andrés E. Alvarado-Garzón (Assistant Editor for Investment Arbitration) (Herbert Smith Freehills Kramer)/June 7, 2024July 9, 2024 /Leave a comment

…to bring early applications because it implies more costs. Timothy Mayer followed up with funders’ perspective, particularly with respect to security for costs. Funders are no longer worried about applications…

Artificial Intelligence, LIDW 2024

LIDW 2024: Navigating the Future of Arbitration with AI at the Helm

Minul Muhamdiramge/June 7, 2024June 7, 2024 /Leave a comment

…recognition of AI’s undeniable advantages in reducing costs and enhancing efficiency. The potential of AI to ease the decision-making process and case management for arbitrators and counsels continues to grow….

Ethics, LIDW 2024

LIDW 2024: Lawyer (Mis)Behaviour in International Arbitration

Antoine Cottin (Assistant Editor for Europe) (Africa Global Logistics)/June 6, 2024June 6, 2024 /Leave a comment

…measures, security for costs), which are perfectly valid tools. And some procedural rules, such as e.g., the Rules of the London Court of International Arbitration (“LCIA”), allow arbitrators to be…

LIDW 2024, Saudi Arabia

LIDW 2024: International Arbitration Day – Keynote and Panel Discussion on the Role of Arbitration in Saudi Arabia’s Giga Growth

Karan Abhaykumar Parmar/June 6, 2024June 4, 2024 /Leave a comment

…do not function as truly international courts. The speakers raised concerns about the high costs and unenjoyable nature of arbitration, suggesting that a system of international national courts might offer…

Enforcement, ISDS, LIDW 2024, London, Mediation, Third party funding

LIDW 2024: Uniting for Global Challenge and Opportunity

Crina Baltag (Managing Editor) (Queen Mary University of London)/June 5, 2024June 5, 2024 /Leave a comment

…but that settlements may be prevented in funded claims. On the side of the courts, the existence of funders may impact the judicial resources, as costs with a case are…

Canada, CETA, Europe, European Commission, European Union, Expedited arbitration, Expedited Proceedings, Expropriation, Fair and Equitable Treatment, FET, International Investment Arbitration, International Investment Law, Investment, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, ISDS

CETA’s Investment Protection Chapter: A Progress Snapshot

Caroline Kittelmann (Clifford Chance)/June 1, 2024May 28, 2024 /Leave a comment

Although parts of CETA have been provisionally applied since 21 September 2017, the parts not subject to provisional application – including the investment chapter (CETA’s Chapter Eight) which covers investment…

European Union, Ireland, Third party funding

Expansion and Regulation on the Horizon for Third-Party Funding in Ireland and the EU

Risteard de Paor (Herbert Smith Freehills )/May 30, 2024May 24, 2024 /Leave a comment

Herbert Smith Freehills

…or all of the litigation costs in return for a share of the proceeds). However, on 5 July 2023, the Courts and Civil Law (Miscellaneous Provisions) Act 2023 was signed…

Kluwer Arbitration Blog

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