Anti-Suit Injunctions in the EU: Are They Finally Back on the Menu?
…benefit of a London arbitration clause to be told that (where a binding arbitration clause is being — however clearly — disregarded) the only remedy is to become engaged in…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules%3A How to Apply the New Provisions
Appeal, Appellate Body, Appellate Court, Arbitration Institutions and Rules, Investment Arbitration, Reform, Working Group III
Could an Appellate Review Mechanism “Fix” the ISDS System?
…it be set aside or annulled by a court in the seat of the arbitration under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules. Furthermore, contrary to what…
Applying Vidya Drolia’s “Four-Fold Arbitrability Test” to Antitrust Disputes in India
Despite traditionally being considered unsuitable for arbitration, recent practice evidence that the concrete lines separating antitrust disputes and arbitration have blurred. Ever since the US Supreme Court approved arbitrability of…
Arbitration, Arbitrator Bias, Arbitrator's decision-making, Arbitrators, Bias, Cognitive biases, Investment Arbitration
Arbitrators as Flamingos of Many Colors
…“manifestly without legal merits.” Even in this situation where both provisions are within the ICSID ecosystem, the term “manifestly” does not necessarily have identical meanings. Outside of the ICDSID context,…
Arbitration or Court Proceedings in Emergencies: Tipping the Scale from a German Perspective
…to the arbitration agreement foresee the possibility of commencing emergency arbitration proceedings. So far, almost all institutions have established rules for emergency arbitration. The German Arbitration Institute (DIS) along with…
AfCFTA, the Future Investment Protocol, and the Phasing-Out of Intra-African BITs
…similar substantive rules. Intra-African BITs: Rarely Invoked in ISDS As a result of this lack of ratification, only 3 investment arbitration cases so far have been filed under intra-African…
International arbitration, International Arbitration Law Library Series, School of International Arbitration (SIA), sociology of international arbitration
The Evolution of International Arbitration’s Scholarship and the International Arbitration Law Library Series
…the methods of research that were employed for research in arbitration. Practicing arbitration lawyers were not concerned with the concept or legal theory of arbitration or how socio-legal jurisprudence may…
International arbitration, International Arbitration Law Library Series, School of International Arbitration (SIA), sociology of international arbitration
The Development of International Arbitration as a Mechanism For Determining International Business Disputes
…and duties of legal entities, the form of documents and evidence, and the obligations and behaviour of legal counsel. National legal systems have their conflict of law rules applicable in…
2020 In Review, Arbitration Agreement, Consent, Equal Treatment, Good Faith, Interim Award, Interpretation of Contracts, Partial award, Res Judicata, Right to be heard, Switzerland
Decisions of the Swiss Federal Supreme Court in 2020
…submission of new facts and evidence, the submission of new legal arguments is in principle admissible in proceedings before it. New legal arguments must be raised within the time limit…
Insolvency and Arbitration in Brazil: One More Step Ahead
…complexity resides on the lack of specific legal provisions dealing with (i) the arbitrability of insolvency issues, (ii) the effects of insolvency proceedings on arbitration agreements, and (iii) the effects…
Hong Kong’s Law Reform Commission Green-Lights Outcome Related Fee Structures for Arbitration
…2019 Hong Kong Arbitration Week. The arbitration community welcomed this news since, as previously covered on this blog, reforms to permit the use of ORFSs for arbitrations were arguably overdue…
2020 In Review, Diversity, Due process, Remote hearings, sociology of international arbitration, Sustainability, Virtual hearings, Vis Moot
2020 in Review: The Year of Virtual Hearings
…collaboration (see also here). In 2020, the LCIA also updated its rules. As discussed in a post following their publication, the rules clearly reflect the impact of the pandemic on…
BIT, Energy Charter Treaty, Fair and Equitable Treatment, Investment Arbitration, Investment protection, Investment Treaties, Investor-state tribunals, Legitimate Expectations
The Renewable Energy Saga from Charanne v. Spain to The PV Investors v. Spain: Trying to See the Wood for the Trees
…due to a frustration of their legitimate expectations. The key legal question in this context was: what legitimate expectations can general legislation give rise to? The 28 arbitral awards from…
The Contents of Journal of International Arbitration, Volume 38, Issue 1 (February 2021)
…growing procedural rigidity and lack of agility, exacts a heavy price on arbitration’s users and their confidence in arbitration, without obvious returns. We must be cognizant of arbitration’s sacrifice in…
2020 In Review, Arbitrator's mandate, Corruption, Disclosure, Economic Sanctions, Enforcement, France, Immunity, Independence and Impartiality, kompetenz-kompetenz
2020 in Review: Arbitration-related Developments in France
…a consumer, to refer the parties to arbitration based on the arbitration agreement’s characterisation as an unfair term. The Court held that the appeal judges did not breach Article 1448…
Arbitration, Disclosure, Domestic Courts, Emergency Arbitrator, Public Procurement, State Aid, Tender Dispute, UNCITRAL Model Law
Bid Challenges: What Role Can Arbitration Play in Tender Disputes?
…arbitration rules could be adapted to suit the particular requirements of bid challenge disputes. The post addresses issues considered in more detail in a new chapter to Kluwer Law’s International…
Arbitration, Consent awards, Corruption, Enforceability, France, International Public Policy, Libya, UNCITRAL Arbitration Rules
Arbitral Tribunals Beware: Better Keep an Eye on Potential Corruption Involving Consent Awards
…Ghenia case where an Award rendered under the UNCITRAL Arbitration Rules and dated 9 December 2016 was retracted by the arbitral tribunal following similar corruption allegations. The absence of evidence…
Advocacy, Arbitration Industry, Best practices, Civility, Ethics, ICCA, Kluwer Podcast, Podcast, sociology of international arbitration
International Law Talk Podcast and Arbitration: Does the International Arbitration Community Need Minimum Civility Standards? A Dialogue with Abby Cohen Smutny
…of Kluwer Arbitration Blog, interviews Abby Cohen Smutny, Global Head of White & Case’s International Arbitration Practice. With decades of experience in international arbitration, Abby shares her thoughts on various…
Arbitrators: Immunity, Conflicts and New Challenges – Revisiting the ITA-ALARB Americas Workshop
The ITA (Institute for Transnational Arbitration) – ALARB (Latin American Society of Arbitration) Americas Workshop took place virtually on 2-4 December 2020. The conference focused on the role of arbitrators,…
2020 In Review, Arbitrability, Arbitration institution, Armenia, China, COVID-19, Document Production, Enforcement, Free Trade Zones, Georgia, HK Arbitration Week, Hong Kong, Interim measures, Japan, Macau, South Korea, Virtual hearings
2020 in Review: Reflections on a Year of Steady Progress in East and Central Asia
…will impact the conduct of arbitration proceedings in PR China. Big data research and the “Standardization Guide” on cases involving “judicial review” of arbitration by the Beijing Fourth Intermediate People’s…
Better Late Than Never? Costa Rican Supreme Court Recognizes ICC Award
…article 5(1)(b) of the Inter-American Convention on International Commercial Arbitration (“Panama Convention”), and article 36(1)(a)(ii) of the Law on International Commercial Arbitration (the domestic law governing international arbitration, which is…
ESPF v. Italy: The Broadening Scope of Specific Representations under the FET Standard
…to treaty protection. However, a broader understanding still finds its place in the investment arbitration community. For example, in the recent renewable energy award in ESPF v. Italy (September 2020),…
2020 In Review, BIT, Brexit, COVID-19, Due process, foreign direct investment, Human Rights, International agreement, Investment Arbitration, ISDS, ISDS Reform
2020 in Review: The Pandemic, Investment Treaty Arbitration, and Human Rights
…a relatively quiet year for new IIAs. According to UNCTAD, only six new IIAs were signed in 2020, five of which have publicly available texts. Regarding human rights-related issues, these…
Arbitration Industry, Arbitrator Intelligence, Careers in Arbitration, ICCA, Interviews with Our Editors, Podcast, sociology of international arbitration, Technology
Interviews with Our Editors: In Conversation with Gwen de Vries, Director, International Group Content & Market Development at Wolters Kluwer Legal & Regulatory, U.S.
…Foty “Conflicting Perceptions of Ethics in International Arbitration,” Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Vol. 85, Issue 2 (2019) p. 185 (‘New arbitration communities are developing…