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Applicable Law, Blocking regulations, Economic Sanctions, EU Law, European Union, Government intervention, Iran, Lex Arbitri, Lex Fori, Sanctions, United States

Sanctions vis-à-vis Blocking Measures and the Dilemma Faced by Arbitral Tribunals: Lessons Drawn From EU Blocking Regulation and U.S Extraterritorial Sanctions

Naimeh Masumy and Niyati Ahuja (Steptoe & Johnson LLP)/November 7, 2019January 16, 2020 /Leave a comment

…a sanctioned country. The generally restrictive view of public policy expressed in the famous case Westacre vs. Jugoimport-SDRP demonstrates that the courts, not taking into account unilateral sanctions that do…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Case Management, Efficiency, International arbitration, Poland

Case Management in Arbitration: A View from Poland

Maciej Zachariasiewicz (Akademia Leona Koźmińskiego) and Michal Kocur (Kocur & Partners)/November 5, 2019November 4, 2019 /Leave a comment

…not feel they are responsible for the active control of taking evidence through a critical examination of the parties’ requests. When a party provides evidence which seems unnecessary to resolve…

Awards, Colombia, Constitutional Court, International arbitration, Tutela

Colombia’s Constitutional Court Declares That Constitutional Injunctions (Tutela) Can Be Upheld Against Awards In International Arbitration

Eduardo Zuleta, María Camila Rincón (Zuleta Abogados)/November 4, 2019November 4, 2019 /1 Comment

…procedure established contractually or in the law); and factual defects (e.g. the arbitrators made their assessment of the evidence directly violating fundamental rights) in which the award or the tribunal…

Arbitration, Arbitration Institutions and Rules, Asia, Asia-Pacific, Energy

Is The Future Bright For International Energy Disputes In Asia?

Gabriella Richmond (White & Case LLP)/November 3, 2019November 21, 2023 /Leave a comment

Institute for Transnational Arbitration (ITA)

The ITA-IEL-ICC Joint Conference on International Energy Arbitration was held in Singapore in September, examining the future of international energy disputes in the region. There was a focus on the…

Awards, England, English Arbitration Act, English courts, Procedural Order, Set aside an arbitral award

Procedural Orders or Challengeable Awards? The English High Court Clarifies Its Position

Craig Tevendale, Rutger Metsch (Herbert Smith Freehills LLP)/November 1, 2019October 28, 2019 /1 Comment

Herbert Smith Freehills

…and the level of detail in the reasoning and whether the decision complies with the formal requirements for an award under any applicable rules; and the reasonable recipient must be…

DR-CAFTA, Dual Nationals, Investment Arbitration, Jurisdiction of the arbitral tribunal, Latin America

New Trends For Dual Nationals Claims. Is the Ballantines Award Relevant For Cases Where A Dual Nationals-Related Provision Is Not Incorporated In The Relevant Treaty?

Pablo Mori Bregante (GST LLP)/October 30, 2019October 28, 2019 /Leave a comment

…UNCITRAL Rules, the nationality requirement must be fulfilled, first, at the moment the notice of arbitration along with the statement of claim is received by the respondent and, second, at…

Bank resolution, BIT, European Union, Investment Arbitration, Mexico, Spain

Does Investment Arbitration Threaten the Effectiveness and Integrity of EU Bank Resolution?

Dimitrios Andriopoulos (Shearman & Sterling LLP) and Ioannis G. Asimakopoulos (University of Luxembourg)/October 29, 2019October 28, 2019 /Leave a comment

…later consolidated and are now being heard by a single arbitral tribunal operating under the UNCITRAL Arbitration Rules 2013. The case, Antonio del Valle Ruiz et al. v. Kingdom of…

Africa, Arbitral seat, Arbitral Tribunal, Availability of arbitrators, Conference, Dispute Resolution

Watch Out, Africa is Here! – The East African International Arbitration Conference 2019

Sadaff Habib (Equanimity Arbitration)/October 29, 2019October 28, 2019 /Leave a comment

…not being arbitrable under the laws of Kenya, the award which goes against public policy, and evidence that the award is tainted with corruption, bribery, undue influence or fraud. …

Investment Treaties, Transparency in investment arbitrations, Vietnam

From Trinh Vinh Binh to EUVIPA: Vietnam’s Meritorious Step towards Transparency in ISDS

Ba Duong (Donny) Trinh (Geneva MIDS)/October 28, 2019October 24, 2019 /Leave a comment

…Transparency Rules to ISDS proceedings and adapts them to the context of the EUVIPA without much alteration. This incorporation-by-reference methodology contrasts with Annex 8 (‘Rules on Public Access to Documents,…

Full Protection and Security, ICSID, Investment, Investment Arbitration, Investment protection

Same Concept, Different Interpretation: The Full Protection and Security Standard in Practice

Omar Moussly/October 27, 2019October 27, 2019 /Leave a comment

…equipment. Although the tribunal acknowledged that the evidence was scarce, it was nevertheless confident that the Libyan armed forces and/or militia controlled by the government had pillaged the investor’s camps…

Artificial Intelligence, HK Arbitration Week, Hong Kong, Intellectual Property, Interviews with Our Editors

Interviews with Our Editors: Thoughts and Perspectives from Winnie Tam SC

Theresa Tseung/October 25, 2019October 25, 2019 /Leave a comment

…to be removed by some positive indication by word or conduct on the part of the woman practitioner herself. Declaring a keen interest in a new practice area, taking silk,…

Climate change, HK Arbitration Week, Hong Kong, Investment, Sustainability

Hong Kong Arbitration Week Recap: Is Arbitration Sustainable?

Felicia Cheng, Dominique Yong (Clifford Chance)/October 24, 2019October 24, 2019 /Leave a comment

HK45

…limited instead of expanded. This is exacerbated by the IBA Guidelines on Conflicts of Interest in International Arbitration, which Ms Lamb considered do not reflect the realities of modern law…

Adjudication, Arbitration, China, Construction arbitration, HK Arbitration Week, HKIAC, Hong Kong

Hong Kong Arbitration Week Recap: The Future of Arbitration in Hong Kong

Joyce Leung (Hogan Lovells), Joanne Lau (Allen & Overy), and Nicole Tsui (Morrison & Foerster)/October 23, 2019October 22, 2019 /1 Comment

…safe and reputable jurisdiction for conducting arbitration. Taking a fact-based approach, I do not consider the future of arbitration in Hong Kong to have been undermined. The HKIAC remains very…

HK Arbitration Week, Hong Kong, Institutional Arbitration, Institutional Rules, Procedure

Hong Kong Arbitration Week Recap: Has the Proliferation of Institutional Rules Caused International Arbitration to Lose Its Way?

Sian Knight, Ben Bury (Holman Fenwick Willan LLP)/October 22, 2019October 22, 2019 /Leave a comment

Introduction Even a cursory analysis of the history of the procedural rules of leading arbitral institutions demonstrates that procedural rules are increasing in number and becoming ever more comprehensive in…

Financial Services Arbitration, HK Arbitration Week, Hong Kong, Insurance, KCAB, Private Equity

Hong Kong Arbitration Week Recap: Private Equity, Financial Services and Insurance Disputes – Don’t Hesitate to Arbitrate!

Jake Lowther (SCC Arbitration Institute)/October 21, 2019October 20, 2019 /Leave a comment

…financial services providers to keep their disputes private is invaluable. Ms MacGrath pointed to the various institutional rule changes to facilitate joinder and consolidation as evidence of arbitration doing the…

ISDS, ISDS Reform, UNCITRAL, Working Group III

UNCITRAL and Investment Arbitration Reform: A Little More Action

Malcolm Langford (University of Oslo)/October 21, 2019October 21, 2019 /Leave a comment

…attracted an equally strong degree of consensus with an emphasis on establishing a ‘binding code’. This implied a focus on developing rules rather than guidelines, and precipitated a certain degree…

Artificial Intelligence, China, HK Arbitration Week, HKIAC, Hong Kong, Interviews with Our Editors

Interviews with Our Editors: In Conversation with Joe Liu of Hong Kong International Arbitration Centre

Benson Lim (Simmons & Simmons) and Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/October 20, 2019October 18, 2019 /Leave a comment

…in arbitration? I started my career at the Singapore International Arbitration Centre (“SIAC”) where I administered cases under the SIAC Rules or UNCITRAL Rules. I then did a legal internship…

Arbitral Award, Arbitrators, conflict of interest, Enforceability, Experts, Germany, Independence and Impartiality

The Consequences of the Non-Disclosure of Conflict of Interest on the Enforceability of Awards: The German Stance

Viktoria Schneider, Nils Schmidt-Ahrendts (Hanefeld Rechtsanwälte)/October 19, 2019October 17, 2019 /1 Comment

…arbitrator’s/experts’ independence and impartiality, they must establish, if required by taking evidence, all circumstances connected to the non-disclosed fact and submit them to careful appreciation from the perspective of a…

Arbitration, BIT, International arbitration, Investment Arbitration, Micula, Romania

Navigating Through Stormy Seas: The UK Supreme Court Hears the Micula Case

Ivaylo Dimitrov (Omnia Strategy LLP)/October 18, 2019October 17, 2019 /Leave a comment

…Commission (“Commission”) determined that by paying the award Romania would breach EU rules on State aid (“Commission Decision”), effectively barring the State from honouring its obligations under the award. The…

Arbitrator Challenges, Conflicts of interest, Egypt

Arbitrators’ Conflict of Interest: An Egyptian Perspective

Ibrahim Shehata (Shehata & Partners, Maastricht University)/October 17, 2019October 16, 2019 /1 Comment

…arbitral awards does not apply where the parties have agreed otherwise (i.e., chose the rules of an arbitral institution). More than a decade later, in 2013, the challenged arbitrator became,…

Claims Trading, Investment Arbitration, Investor-State arbitration

The New Frontier: Traded Investment Claims and Awards

Kathleen Claussen (Georgetown Law)/October 15, 2019November 21, 2023 /Leave a comment

Institute for Transnational Arbitration (ITA)

…that states and other influential players in the design of investor-state dispute settlement are taking claims trading seriously. Claims trading today has become a feature of international investment law and…

Adjournment, Arbitration, Arbitration Proceedings, Enforcement, England, English Law, Nigeria

English Court Adjourns Enforcement of Nigerian Arbitral Award

Melanie Martin (Clyde & Co)/October 14, 2019October 14, 2019 /Leave a comment

…considerable further delay to enforcement; there was evidence that the various appeals made to the Nigerian Supreme Court would not be heard until 2023 or 2024. However, this had to…

ASA Bulletin

The Contents of the ASA Bulletin, Volume 37, Issue 3 (September 2019)

Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE) and Catherine Anne Kunz (LALIVE)/October 13, 2019October 7, 2019 /Leave a comment

…decisions of the Cairo Court of Appeal. DECISIONS OF THE SWISS FEDERAL SUPREME COURT 4A_462/2018 of 4 July 2019 [Request to set aside Swiss Rules/SCAI award issued after annulment…

Arbitration, Brazil, Infrastructure, Public Contract, Public-private arbitration

Brazil Allows Arbitration in Public Contracts in the Port, Road, Rail, Waterway And Airport Sectors

Orlando Cabrera (Hogan Lovells)/October 12, 2019October 11, 2019 /Leave a comment

…and limits the judiciary’s discretion to interpret available property rights in a restrictive manner that entirely precludes every matter from arbitration. General Rules for Arbitration The Decree provides certain…

Kluwer Arbitration Blog

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