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Company Law, Corporate disputes, Federal Supreme Court of Switzerland, Shareholder Resolutions, Shareholders Arbitration, Swiss Civil Procedure Code, Swiss Private International Law Act, Switzerland

Setting the Ground for Corporate Arbitration in Switzerland: Swiss Parliament Approves New Rules for Arbitration of Corporate Law Disputes

Richard G. Allemann (Homburger)/August 17, 2020August 19, 2020 /Leave a comment

…approved a new statutory framework for the arbitration of corporate disputes based on arbitration clauses set forth in companies’ AoA. The new rules, which will come into effect in 2021…

CAFTA, Damages, Guatemala, Latin America, Recidivism

Tribunal Split in Guatemala Case: Uncertain Recidivism or Present Breach?

Ana Rocio Monzón (Eversheds Sutherland) and Emanuel Retana (Legalsa)/August 16, 2020August 18, 2020 /Leave a comment

…2010 sale. Below we discuss the contrast between both legal positions and the soundness of the minority’s view. Background In 1998, TECO invested in EEGSA through a joint venture…

Arbitration institution, Innovation, Legitimacy, Peru, Transparency

A “Transparency Lighthouse” for Arbitration in Peru

Marianella Ventura, Irene Zegarra-Ballón (National and International Arbitration Center of the Lima Chamber of Commerce)/August 15, 2020August 18, 2020 /Leave a comment

…legitimacy of arbitration, while contributing to achieve greater efficiency in the arbitration proceedings. The “Transparency Lighthouse” of the Arbitration Center of the Lima Chamber of Commerce In 2019, the…

Arbitration, Arbitration Institutions and Rules, International arbitration, South Africa

Arbitration in South Africa Receives Another Boost

Alon Meyerov, Giles Hutt (Clyde & Co LLP)/August 14, 2020August 15, 2020 /Leave a comment

…been given a further boost by the publication by the Arbitration Foundation of Southern Africa (AFSA) of its draft International Arbitration Rules (the Draft Rules), which are currently out for…

Arbitration institution, Arbitration Institutions and Rules, Early Determination, Efficiency, Enforceability, LCIA Arbitration, LCIA Rules, Virtual hearings

The LCIA Publishes its 2020 Rules: A Light-Touch Update to Meet Modern Needs

Evgeniya Rubinina (Enyo Law LLP)/August 13, 2020August 12, 2020 /Leave a comment

On 11 August 2020 the LCIA unveiled the long-awaited update to its Arbitration Rules (the 2020 Rules). The 2020 Rules will become effective on 1 October 2020 and will apply…

Arbitration Proceedings, Dispositive Motions, Procedure, Summary procedure

Dispositive Motions: A Step Change?

Robert Dawes (Herbert Smith Freehills)/August 12, 2020August 12, 2020 /Leave a comment

Herbert Smith Freehills

…arbitration law has permitted dispositive motions for some time, though some rules have only implemented them in the past decade. For example, while the Federal Arbitration Act, which was enacted…

Appointment of arbitrators, Diversity, International arbitration

Cross-Institutional Task Force Releases Groundbreaking Report on Gender Diversity in Arbitral Appointments and Proceedings

Nicola Peart (Three Crowns LLP) and Jennifer Ivers, Hannelore Sklar (White & Case)/August 11, 2020August 10, 2020 /Leave a comment

…Arbitration (ICCA) Reports Series. Established in 2019, the Task Force brings together 17 leading international arbitration institutions, law firms and gender diversity initiatives to publish and analyze recent statistics on…

China, Hong Kong, Interim measures, interim relief, Legislation, PRC

Mainland China-Hong Kong Interim Measures Arrangement One Year On: Crossing the River by Feeling the Stones

Dong Long, Suraj Sajnani (King & Wood Mallesons)/August 10, 2020August 12, 2020 /Leave a comment

HK45

…an “arbitration in Hong Kong” must mean an arbitration that is seated in Hong Kong (Article 2 of the Arrangement). The same requirement does not apply to Mainland arbitrations, which…

Arbitral Tribunal, Commercial Arbitration, EU Law, Poland, Public Policy, State Aid

Warsaw Court of Appeal Defines Rules for Arbitral Tribunals in Matters Involving State Aid

Wojciech Sadowski (Queritius)/August 9, 2020August 10, 2020 /Leave a comment

…of arbitral awards. The Court then noted that the EU rules on state aid should be applied in coherence with domestic legal order and that such coherence cannot only be…

China, Court Assistance, Judicial intervention, judicial review, PRC

Arbitration Reform in China: Keeping up with the Beijing Fourth Intermediate People’s Court

Peter A. Neumann (Pepperdine Caruso School of Law, Straus Institute for Dispute Resolution) and Lili Jiang (China Arbitration Institute of China University of Political Science and Law)/August 8, 2020August 10, 2020 /Leave a comment

…outstanding legal gaps in China’s arbitration regime pending amendment of the PRC Arbitration Law, the SPC issued several binding “judicial interpretations” in 2017 (the “2017 Interpretations”), previously discussed by Dr….

Admissibility, Singapore, time-limits

Jurisdiction or Admissibility? The Status of Time Bars Under Singapore Arbitration Law

Iris Ng (Singapore Attorney-General’s Chambers)/August 7, 2020August 10, 2020 /Leave a comment

…as “whether the parties are bound by a given arbitration clause,” or “whether an arbitration clause in a concededly binding contract applies to a particular type of controversy.” … On…

Arbitration, Data Protection, DIAC, DIFC, UAE

Data Protection Considerations In UAE Related Arbitrations

Jane Rahman, Martin Hayward (Al Tamimi & Company)/August 6, 2020August 10, 2020 /Leave a comment

…relevant individuals with whom to liaise early. • Establish as early as possible which data protection regimes may apply to your arbitration. • Identify who in the arbitration may be…

Institutional Rules, KCAB, Online Arbitration, Online Dispute Resolution, Seat of the arbitration, Virtual hearings

The Issue of the Seat of Arbitration in ODR Arbitration

Ji Yoon Park, Jae Hoon Choi/August 5, 2020August 3, 2020 /Leave a comment

…applicable to the ODR arbitration proceedings shall determine the seat of arbitration. This approach assumes that the seat of arbitration reflects parties’ desire to submit to arbitration under the law…

Code of Conduct, Expedited arbitration, International arbitration, ISDS Reform, Reform, UNCITRAL, UNCITRAL Arbitration Rules, Working Group II, Working Group III

Arbitration Reform Efforts Continue Despite Pandemic

Pedro Ramirez (Freshfields Bruckhaus Deringer US LLP)/August 5, 2020September 14, 2020 /Leave a comment

Freshfields Bruckhaus Deringer

…explained, Working Group II has now turned its attention to developing expedited commercial arbitration provisions that may eventually be presented as an appendix to the UNCITRAL Arbitration Rules, or as…

Access to Justice, Jurisdiction, Russia, Sanctions

Extension of Exclusive Jurisdiction of Russian State Courts over Disputes Involving Sanctioned Persons: Protection of National Interests or a Threat to Party Autonomy?

Polina Semina/August 4, 2020August 3, 2020 /Leave a comment

…legal entity, or foreign legal entity) is subject to foreign sanctions or where the dispute itself arises out of foreign sanctions. The exclusive jurisdiction of Russian courts can be changed…

Arbitration Act, New York Convention, Recognition and enforcement of arbitral award, Tonga

Tonga Accedes to the New York Convention

Chui Lijun, Matthew Brown, Anita Goh (Clifford Chance Asia)/August 4, 2020August 3, 2020 /Leave a comment

…that “The provisions of the Arbitration Act 1996 (UK) shall apply to any arbitration under this Act.” Section 2 of the Reciprocal Enforcement of Judgments Act 1988 defines “judgment” to…

Arbitral Tribunal, Arbitrator's decision-making, State, Treaty Amendment, Treaty Interpretation, Tribunal duties, VCLT

States’ Right to Interpret a Treaty and Whether It Should Be Binding in a Pending Case

Seung-Woon Lee (WilmerHale)/August 3, 2020August 3, 2020 /Leave a comment

…the other hand, structural reform, which is mainly supported by the EU, suggests to introduce a new ISDS mechanism (i.e., creation of a multilateral investment court). Among various incremental reform…

Journal of International Arbitration

The Contents of Journal of International Arbitration, Volume 37, Issue 4

Maxi Scherer (WilmerHale & Queen Mary University of London)/August 3, 2020August 1, 2020 /Leave a comment

…Framework Remote hearings are nothing new, but the Coronavirus Disease-19 (COVID-19) crisis has forced international arbitration out of its comfort zone. Parties, counsel, and arbitrators must adapt to the new…

ICSID Convention, India, ISDS Reform

Revisiting India’s Position to Not Join the ICSID Convention

Abhisar Vidyarthi/August 2, 2020August 3, 2020 /2 Comments

…from becoming a signatory to the ICSID Convention on the following grounds: (1) the Convention’s rules for arbitration leaned towards the developed countries and (2) there is no scope for…

COVID-19, Hearing protocol, Hearings, Videoconferencing, Virtual hearings

Personal Takeaway from the Warzone: Organizing, Preparing and Attending a Two-Week Virtual Hearing

Jacky Fung (Kirkland & Ellis)/August 2, 2020August 1, 2020 /Leave a comment

Virtual hearings are not a new idea. The arbitration community only started to seriously discuss the benefits and the logistics of having virtual hearings in lieu of physical hearings when…

Interview, Interview of our editors

Interviews of Our Editors: “What Does Kluwer Arbitration Blog Mean To You?”

Daniela Páez-Salgado (Senior Assistant Editor) (Herbert Smith Freehills), Ashutosh Ray (Assistant Editor for South Asia), Christine Sim, and Sadaff Habib (Equanimity Arbitration)/August 1, 2020February 21, 2021 /Leave a comment

…seem too farfetched to think that the New York Convention may be replaced with a revamped New York Convention on International Procedural Law which would apply and regulate all online…

Ad hoc arbitration, Arbitration Agreements, China

How the Arbitration Law of the People’s Republic of China Should Be Modernised

Wei Sun (Zhong Lun Law Firm)/July 31, 2020July 30, 2020 /1 Comment

…rules.” These provisions substantially relax the requirements for a valid arbitration agreement under the Arbitration Law. Many arbitration practitioners believe that in amending the Arbitration Law, the requirements should be…

Corruption, International arbitration, Paris Arbitration Week, Webinar

Paris Arbitration Week Recap: Arbitrating Allegations of Corruption in International Business Transactions – Problems and Solutions

Lucian Ilie (Reed Smith)/July 31, 2020July 31, 2020 /Leave a comment

…debates between distinguished professionals comprised of: Alexis Mourre (President, ICC International Court of Arbitration), Christina Täuber (In-house legal counsel, CML International), Karl Hennessee (SVP Litigation, Investigations & Regulatory Affairs, Airbus),…

Anti-enforcement Injunction, Anti-suit injunction, Comity, Conflict of Laws, Enforcement, English courts, Situs of a Debt

SAS Institute Inc v World Programming Limited: Anti-enforcement Injunctions and Competing Judgments on Liability and Enforcement

Jarret Huang/July 30, 2020July 27, 2020 /1 Comment

…arbitration agreements seated in England were excluded from the scope of the injunctions ordered. This is a potentially under-recognised practical consideration in approaching arbitration agreements and EJCs. Second, SAS sought…