Damages, Energy, Infrastructure, Washington Arbitration Week

(Allen & Overy LLP) and (Concepción Global, PLLC, Universidad Complutense de Madrid)/ /Leave a comment

Following on the first day of Washington Arbitration Week (WAW), covered in detail here, later programming of WAW did not shy away from further in-depth discussions. This post highlights programming that dug into energy and the environment, arbitration from the client’s perspective, infrastructure disputes during the pandemic, and last but not least, damages valuation.  …

ISDS Reform, Washington Arbitration Week

(Concepción Global, PLLC, Universidad Complutense de Madrid) and , / /Leave a comment

The 1st edition of Washington Arbitration Week (WAW) included focus on systemic issues pertaining to ISDS. Today, ISDS reform is at a crucial point. Theories and approaches to reform are now crystallized into working papers from States and other organizations, and academic papers submitted before UNCITRAL’s Working Group III (“WG III”). Panelists critically reviewed the…

COVID-19, Technology, Third party funding, Washington Arbitration Week, Women in arbitration

(Concepción Global, PLLC, Universidad Complutense de Madrid)/ /Leave a comment

The first edition of Washington Arbitration Week or WAW, took place on-line from November 30 to December 4, 2020, hosting 15 panels with over 4,000 registrations and 1,476 attendees. This post aims to provide a flavor of the first day of programming. The Co-Chairs of WAW, Ian Laird and Dr. Jose Antonio Rivas, opened the…

Common Law, England, English courts, Law governing the arbitration agreement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Validation

(39 Essex Chambers)/ /Leave a comment

Much has been written about the UK Supreme Court’s decision in Enka v Chubb [2020] UKSC 38 (“Enka”) including on the blog. Those familiar with the judgment will know the Supreme Court decision was split 3 – 2 and the majority upheld the Court of Appeal’s decision but on different grounds. These divisions may give…

Arbitral Tribunal, Arbitration, Arbitrator Intelligence

(Bocconi University), (Association ARBITRI), and , (Arbitrator Intelligence)/ /1 Comment

In Disney’s Fantasia, the third segment—called The Sorcerer’s Apprentice—is based on the poem by Johann Wolfgang von Goethe. It features the charming but somewhat lazy Mickey, who is tired of his chores. To get some help, he borrows Sorcerer Yen Sid’s hat, and uses it to magically animate a broom with what today we might…

Arbitration Act, Arbitration Act 1996, Foreign seat, India

/ /Leave a comment

On 3 November 2020, the Gujarat High Court rendered a decision in GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited where it held that while two Indian parties can choose a foreign seat of arbitration, they would not be entitled to seek interim measures from Indian courts under section 9 of…

2020 In Review, Africa, Arbitration, Arbitration Institutions and Rules, Commercial Arbitration, New York Convention

(Equanimity Arbitration) and (University of Oxford)/ /Leave a comment

We initiate our traditional Year in review series of 2020 with a retrospective view of the reported developments in the Sub-Saharan Africa. In this post, we aim at giving you a quick look back to some of our most impactful publications in 2020 from this geographical area, with a focus on the commercial arbitration developments…

Anti-suit injunction, Interim measures, UK

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

It is important for parties to arbitration agreements to understand to what extent they might be able to obtain effective interim relief from the courts. While parties may provide in their arbitration agreement, whether through express drafting or (more often) by incorporation of institutional rules, that the parties shall be permitted to seek interim relief…

Artificial Intelligence, Bias, International arbitration

(Wolters Kluwer Legal & Regulatory U.S.)/ /Leave a comment

Wolters Kluwer teamed up with the global law firm Clifford Chance to discuss the advances in artificial intelligence (AI), its limitations, and various applications in an interactive webinar titled Artificial Intelligence and Arbitration: Should We Keep It Real? The lively discussion covered AI fundamentals, in addition to recent developments in the field. The panel also…

Interview of our editors, Legal Practice, sociology of international arbitration

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

In this fourth installment of our “Interview of Our Editors” series, we take a global tour to gather perspectives from Benson Lim (Associate Editor), Enrique Jaramillo (Assistant Editor for Latin America), Boris Praštalo (Assistant Editor for Europe), and Giorgio Sassine (Assistant Editor for US and Canada). Thank you each for joining me!  Can you start…

Achmea, Energy Charter Treaty, Intra-EU ISDS, Investment Arbitration, Investment Disputes

(E&A Law Limited)/ /Leave a comment

Since Achmea there has been much debate on whether its reasoning invalidates ECT intra-EU investor state clauses as a matter of EU and international law. The recent AG’s Opinion in Cases C‑798/18 and C‑799/18 does not provide an answer to this question as a matter of EU law. A review of CJEU case law in…

Arbitrator Intelligence, Arbitrator Selection, Arbitrators

(Cohausz & Florack)/ /1 Comment

Let us be clear, the lightening’s spirit is out of the bottle and here to stay. It is neither possible nor desirable to prevent party counsel from using tools that increase the efficiency of party representation. Prof. Rogers and her co-authors provide a correct general description of AI-based information systems on decision makers. My firm…

Belgium, CJEU, ECT Modernisation, Energy Charter Treaty, Intra-EU ISDS, Investment Arbitration

, (Linklaters)/ /Leave a comment

On 3 December 2020, Belgium announced the submission of a request to the Court of Justice of the European Union (“CJEU”) for an opinion on whether the intra-European application of the arbitration provisions of the future modernised Energy Charter Treaty (“ECT”) are compatible with the EU Treaties. Belgium indicated that the purpose of its request…

Amendment, Arbitration Act, Arbitration Act 1996, Enforcement, India

(MIDS Geneva)/ /Leave a comment

In a bid to make its legal regime international arbitration-friendly, India has repeatedly amended its principal legislation, i.e. the Arbitration and Conciliation Act, 1996 (the ‘Act’), over the last five years. The most recent one, the Arbitration and Conciliation (Amendment) Ordinance, 2020 (the ‘2020 Amendment’), came into force on 4 November 2020 seeking “to address…

Independence and Impartiality, Madrid International Arbitration Center Rules, Spain, Spanish Arbitration Law

(BMA Abogados) and / /Leave a comment

Enforcing standards on the independence and impartiality of arbitrators requires provisions allowing parties to challenge arbitrators. Traditionally, in jurisdictions that have based their provisions on the UNCITRAL Model Law on International Commercial Arbitration (but not only these), such provisions have allowed parties to challenge arbitrators where they have ‘justifiable doubts’ as to the arbitrator’s impartiality…

COVID-19, Diversity, Sustainability

(Herbert Smith Freehills) and (Covington & Burling LLP)/ /Leave a comment
ArbitralWomen

Climate change and increasing calls for greater diversity in the workplace have been making headlines daily. With the onset of the COVID-19 pandemic, the world, including that of international arbitration, has turned to a virtual setting to conduct many of its operations. While this new terrain has resulted in technical obstacles and challenges, it has…

International Investment Arbitration, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, ISDS, Regional Comprehensive Economic Partnership, WTO

(National University of Singapore) and (City University of Hong Kong/ UMBRA Strategic Legal Solutions)/ /1 Comment

The Regional Comprehensive Economic Partnership (RCEP) was signed by its 15 Parties (after India, an initial negotiating party, withdrew from negotiations) on 15 November 2020.1)This article represents the authors’ personal opinions and does not represent the opinion of their respective organisations. The signature of this agreement amid the COVID-19 pandemic has made quite a headline…

Cybersecurity, Diversity, International arbitration, Surveys, Sustainability, Technology

and (Queen Mary University of London, School of International Arbitration)/ /Leave a comment

Knowledge of international arbitration has often been based on anecdotal evidence. However, there has been increasing interest in empirical research among practitioners and scholars. In the context of the recent COVID-19 pandemic, arbitral practice has rapidly changed and new empirical research aimed at understanding the experience and expectations of the users of international arbitration is…

Belt Road Initiative, China, HKIAC, Hong Kong, Kluwer Podcast, Podcast

(Peter & Kim)/ /Leave a comment

Welcome to the third post in the series of International Law Talk. In this series of podcasts, Wolters Kluwer will bring you the latest news and industry insights from thought leaders and experts in the field of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer Arbitration Blog, we will highlight…

Achmea, EU Law, Intra-EU BITs, Med-Arb, New York Arbitration Week, Section 1782 Discovery

(Chaffetz Lindsey LLP) and , (Chaffetz Lindsey)/ /Leave a comment

The annual Fordham Conference on International Arbitration and Mediation took place virtually on 20 November 2020, the final day of the second annual New York Arbitration Week. Under the guidance of co-chairs Louis B. Kimmelman (Sidley Austin, New York) and Edna Sussman (Independent Arbitrator and Mediator and Distinguished Practitioner in Residence Fordham Law School), the…

Consolidation, ICC Rules, Joinder, Multiple parties, New York Arbitration Week

, (Cleary Gottlieb)/ /Leave a comment

On Thursday 19 November 2020, during the fourth day of New York Arbitration Week, the ICC International Court of Arbitration held a virtual round-table discussion of the challenges faced by parties and the ICC Court in cases involving multi-party and multi-contract disputes and the ways in which the 2021 revisions to the ICC Rules of…

Diversity, New York Arbitration Week, sociology of international arbitration, Webinar

(MacGrath Arbitration)/ /Leave a comment
ArbitralWomen

ArbitralWomen promotes women and diversity in many different ways. We share statistics that reflect the incremental progress toward gender parity in dispute resolution. We share news about the professional achievements and qualifications of women so that the international arbitration community can more readily identify well-qualified women to serve as arbitrators, mediators, experts, and lead counsel….

Enforcement, New York Arbitration Week, New York Convention, Non-signatory

(Binder & Schwartz LLP)/ /1 Comment

Day three of New York Arbitration Week 2020 featured a panel discussion on non-signatories in arbitration sponsored by the Chartered Institute of Arbitrators New York Branch and the New York International Arbitration Center (NYIAC). The session was broken into two parts: compelling arbitration (before arbitration) and enforcing an award (after arbitration), each framed by the…

Arbitrator Selection, Arbitrators, Mediation, Mediation and Dispute Management, New York, New York Arbitration Week

(International Centre for Dispute Resolution American Arbitration Association (ICDR-AAA))/ /Leave a comment
International Centre for Dispute Resolution (ICDR)

On November 16th, 2020, the AAA-ICDR hosted a webinar entitled In-House Counsel’s Virtual Roundtable as part of New York Arbitration Week. The session comprised of in-house counsel from various industries discussed their views and approach to international arbitration from their respective fields. It was moderated by Eric P. Tuchmann, the Senior Vice President, General Counsel…