Arbitration institution, Belt Road Initiative, Interviews with Our Editors, Legislation, National Courts, Pakistan

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and / /3 Comments

Mr. Rana Sajjad Ahmad, thank you for joining us on the Kluwer Arbitration Blog! We are grateful to have the opportunity to learn more about the Center for International Investment and Commercial Arbitration (CIICA) and your experience with enhancing the role of international arbitration in Pakistan.   Could you briefly introduce yourself to our readers?…

China, Enforcement, Free Trade Zones, Hainan, HIAC, Institutional Rules, Med-Arb

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The designation of Hainan province as a Free Trade Zone (FTZ) in 2018 has sparked a great deal of interest for foreign investors. The proposal for a globally influential free trade port, by the middle of the century, makes Hainan an exciting prospect and a potential venue for new foreign investment. Such a proposal demonstrates…

Diversity, Kluwer Podcast, Podcast, Vis Moot

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Welcome to the second post in the series of International Law Talk. During a 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 the…

Enforcement, Foreign arbitral awards, Inter-American Conventions, Jurisdiction, Jurisdiction Clause, New York, Place of arbitration, United States

(Columbia Law School), (Rivero Mestre LLP), and (Nishith Desai Associates)/ /2 Comments

In this post, we discuss some of the challenges created by the personal jurisdiction requirements under U.S. law (explained below) in enforcement of foreign arbitral awards in the U.S. We also delve into details of hurdles posed by the implementation of the personal jurisdiction standard as enunciated in Daimler AG v. Bauman to recognition and…

Banking and Finance, Financial Industry, Human Rights, International Investment Arbitration, International Investment Law, International Law, International Law Weekend

(Dechert) and (Dentons US LLP)/ /Leave a comment

The 99th Annual Meeting of the American Branch of the International Law Association (“ILA (American Branch)”), known as International Law Weekend (“ILW”), took place virtually this year in New York City on 22-24 October 2020.  This year’s conference included 27 panels, as well as an Opening Plenary Panel, a United Nations 75th Anniversary Plenary Panel, and numerous…

Cybersecurity Protocol, Data Protection, GDPR

(Asian International Arbitration Centre)/ /Leave a comment
Asian International Arbitration Centre (AIAC)

Cybersecurity and data protection have been dominating conversations in the international arbitration community in recent years. From an analysis of how the stakeholders may be best equipped to address cybersecurity risks, to considerations on maintaining confidentiality in international commercial arbitration, as well as calls to address the impact of the General Data Protection Regulation (“GDPR”)…

Armed Conflict, Extraterritorial Jurisdiction, Ukraine

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The effect on investment protection stemming from Russia’s annexation, and therefore effective control over Crimea, has been a hot topic since 2014. Meanwhile, Ukraine has dealt with an armed conflict in Eastern Ukraine since April 2014 as a result of Russian expansionist maneuvers. Ukraine is now left with the difficult task to, on the one…

ICSID Arbitration, Independence and Impartiality, United States

(Broemer & Associates)/ /Leave a comment

In the second half of 2020 there have been two heavily discussed challenges to arbitration awards stemming from an arbitrator’s nondisclosure. The more recent, OOGC America, L.L.C. v. Chesapeake Exploration, L.L.C, was an appeal in the U.S. Fifth Circuit. The other, Eiser Infrastructure Limited and Energia Solar Luxemburg S.À.R.L. v. Kingdom of Spain, was heard…

Free Trade Agreements, UK

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Many of the free trade agreements that the UK has signed or that are currently under negotiation include a requirement for the parties to create rosters of individuals who could act as arbitrators for disputes launched under the state-to-state dispute settlement mechanisms within those agreements. The Department for International Trade (DIT) is seeking to appoint…

Emergency Arbitrator, ICC Rules, Israel

, (Gornitzky & Co)/ /Leave a comment

It is a generally accepted rule that while state courts have concurrent jurisdiction to hear and decide motions for interim relief prior to the constitution of an arbitral tribunal, they will only maintain such concurrent jurisdiction in appropriate or exceptional cases following such constitution. The ICC Rules are unique in the sense that they apply…

Arbitration Agreement, Jurisdiction, Pakistan

(Fazleghani Advocates)/ /Leave a comment

In Pakistan, the law governing international arbitrations resulting in a foreign award is the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 (“2011 Act”). To those who are unfamiliar with the 2011 Act, it may come as a surprise that it does not provide any remedy to an applicant challenging the arbitration…

Anti-suit injunction, Arbitrability, English courts, Insolvency

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On 23 September 2020, the England and Wales High Court (“High Court”) rendered its judgment in Riverrock Securities Limited v International Bank of St Petersburg (Joint Stock Company) granting Riverrock Securities Limited (“RSL”) an interim anti-suit injunction in respect of bankruptcy proceedings in Russia brought against RSL by the receiver of the International Bank of…

Arbitration, Arbitration Agreements, Investment Arbitration, Investment law, Investment Treaties, MENA, Middle East, Multilateral Investment Treaties, United Arab Emirates

(Allen & Overy LLP)/ /Leave a comment

The announcement on 13 August 2020 of a rapprochement between Israel and the United Arab Emirates (‘UAE’) took the world by surprise. Seasoned regional observers noted quiet cooperation and cross-border transactions over the past few years, but few expected these covert relationships to burst into public view so fully and wholeheartedly. The joint declaration, soon…

COVID-19, Due process, Enforcement, Hearings, India, Virtual hearings, Witness

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Young ICCA

Before the Covid-19 pandemic, virtual witness testimonies were prevalent in specific instances, such as when witnesses could not reach the venue because of illness. Article 8.1 of IBA Rules on Taking of Evidence in International Arbitration permits virtual testimony only at the discretion of the tribunal. The Commentary on the Rules establishes that the tribunal’s…

Complex Arbitration, Kluwer Podcast, Multiple parties

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Welcome to the first post in the series of International Law Talk. During a 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…

Yearbook Commercial Arbitration

(General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/ /Leave a comment

Subscribers of KluwerArbitration.com enjoy access to the ICCA Yearbook Commercial Arbitration. The most recent upload of ICCA Yearbook materials in 2020 is now available online. It features 17 court decisions applying the 1958 New York Convention from Argentina, Sweden, Switzerland, the United Kingdom, and the United States, as well as six decisions of US courts…

Arbitration, Bosnia and Herzegovina, Diversity, Efficiency, Environment, Technology, Virtual hearings

(Association ARBITRI) and (Sudžuka & Co. d.o.o.)/ /Leave a comment

The Sixth Sarajevo Arbitration Day conference took place on 23 October 2020 and it was dedicated to the opportunities to adopt positive arbitration practices amidst the challenges created by the Covid-19 pandemic. This annual conference organized by the Association ARBITRI took place online for the first time and gathered legal practitioners from all over the…

Arbitral Award, Arbitration Award, Dissenting opinions, Germany

, (Willkie Farr & Gallagher LLP)/ /Leave a comment
Young ICCA

A one paragraph obiter dictum in an annulment decision rendered by the Frankfurt Higher Regional Court (the “Court”) on 16 January 2020 (26 Sch 14/18) reignited an old debate: are dissenting opinions in German arbitration proceedings permissible? From an international perspective, dissenting opinions in arbitral awards are by no means unusual.  That is why it…

Asian International Arbitration Journal

(The Arbitration Chambers) and (Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

The contents of this issue of the journal is now available and includes the following contributions:   Georgia Dawson & Kate Apostolova, Banks as Claimants in Investment Arbitration Historically, banks have tended to prefer litigation over arbitration for their disputes. However, in recent years, banks have increasingly been using international arbitration instead, particularly when doing…

Arbitrability, Consumer disputes, France

(Terrien Avocat)/ /Leave a comment

On 30 September 2020, the French Supreme Court rendered a decision, that, on its face, appears to overturn its fabled 1997 Jaguar (95-11.427, 95-11.428 and 95-11.429) and 2004 Rado (02-12.259) decisions, which held that the principle of competence-competence applied even in the case of consumer disputes.  In PwC, to the contrary, the Supreme Court refuses…

Arbitration – The International Journal of Arbitration

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London), (Queen Mary University of London), (Chartered Institute of Arbitrators), and (Three Crowns)/ /Leave a comment

The selected submissions for the current issue deal with a range of diverse dispute resolution topics. Specifically, the issue includes articles on international commercial arbitration, investment treaty arbitration, construction arbitration, and articles on conflicts of laws. Further, the issue includes not only topics of practical importance, for example the proposal on the appropriate remedies against…

Australia, COVID-19, Force majeure, Korea, UK

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As countries continue to grapple with the ongoing effects of COVID-19, the effects of the ongoing waves on parties vary widely. There have been recent discussions on force majeure and international arbitration on the Blog: see here, here, and here. This article will address the following points in relation to four key jurisdictions, being the…

Consumer disputes, Employment arbitration, SCOTUS, Section 1782 Discovery, United States, United States Courts

(Musick, Peeler & Garrett LLP), , and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

U.S. Supreme Court Justice Ruth Bader Ginsburg (1933-2020), known only as “RBG” in many circles, was a native of Brooklyn, New York and only the second woman appointed to the U.S. Supreme Court bench. Her passing in September 2020, at the age of 87, left a gaping hole in the international community. She was widely…

Investment Arbitration, Investment Disputes, Investment law, United States

(Allen & Overy)/ /2 Comments

With the results of the U.S. presidential election announced last week, international lawyers are now looking closely at how the incoming Biden Administration will handle the many challenges facing the global legal order.  President-elect Biden has promised to turn away from the unilateralism that marked the Trump presidency and instead focus on multilateral reengagement.1)See, e.g.,…