Taking witness evidence by video has long been considered acceptable practice in many jurisdictions. The Covid-19 pandemic of recent years has further affirmed the acceptability and use of this method of evidence-taking in both litigation and arbitration proceedings, especially since the only alternative to a remote hearing during those years was the even less desirable…
On 26 April 2024, the Swiss Federal Supreme Court (“SFSC”) rendered decision 4A_486/2023, upholding the unpublished Final Award in Clorox Spain S.L. v. Bolivarian Republic of Venezuela (“Clorox v. Venezuela”) (PCA Case No. 2015-30). In the underlying investment treaty arbitration, Clorox sought compensation for the alleged expropriation and unfair treatment of its investment by Venezuela,…
On 13 June 2024, Italian Arbitration Day took place in Rome. The full-day conference saw a large number of arbitration practitioners dealing with the issue of globalization and geography in the arbitration. This post offers an overview of the key takeaways from the discussion. Introduction: The Past, Present, and Future of Globalization After…
If an international arbitration practitioner hears “renewable energy,” “renewable energy source,” (“RES”) or even “energy transition” disputes, chances are that he or she may think of the Energy Charter Treaty (“ECT”) and the torrent of claims filed by investors against European Union (“EU”) Member States. These claims challenge retroactive regulatory changes to feed-in tariff and…
The ever-recurring issue of investment treaty law and arbitration reform takes again center stage in this issue, courtesy of Noah Barr’s excellent piece focusing on the EU Commission’s ‘model’ of international investment protection as such model arises from the so-called new-generation International Investment Agreements (‘IIAs’) which the EU signed in recent years. Noah discusses the…
The Supreme Court of Canada (“SCC”) recently delivered a judgment which, while dealing primarily with the issue of bank guarantees, serves as a window into a Paris-seated ICC arbitration between a Canadian aircraft manufacturer Bombardier inc. and the Hellenic Ministry of Defense (“HMOD”). The case of Eurobank Ergasias v. Bombardier inc. brings to the forefront…
The European Commission’s “Proposal for a Council Decision on the partial suspension of the application of the Energy Charter Treaty between the Union and any legal entity that is owned or controlled by citizens or nationals of the Russian Federation or of the Republic of Belarus, and any Investment within the meaning of the Energy…
On 23 April 2024, JAMS announced its Artificial Intelligence Disputes Clause and Rules (“JAMS AI Rules”), effective 15 April 2024. According to JAMS, these Rules “reflect the latest developments and trends in the ADR space and address the rise in usage and development of AI systems and smart contracts.” Today, artificial intelligence (“AI”) is a…
The recognition and enforcement of foreign arbitral awards in Pakistan has been a subject of significant legal scrutiny and development. The Supreme Court of Pakistan has recently issued a landmark judgment aimed at clarifying and rectifying the legal framework surrounding this issue, aligning it more closely with international standards. Historical Background Historically, the enforcement…
It was around 367 BCE when Plato wrote Νόμοι (The Laws), marking the first proper consideration of arbitration as a method for resolving private disputes. This work highlighted arbitration’s cost-effectiveness, the autonomy it provides through arbitrator selection, and the expertise and impartiality of arbitrators. Fast forward to today, arbitration is increasingly embraced by the international…
At its 57th Session, taking place in New York between 24 June and 12 July 2024, the United Nations Commission on International Trade Law (“UNCITRAL”) will discuss the adoption “in principle” of the draft statute of an advisory centre on international investment dispute resolution. The text is the result of much deliberation in UNCITRAL Working…
On May 14, 2024, the traditional Rio de Janeiro International Arbitration Conference promoted by Canal Arbitragem, under the academic coordination of João Bosco Lee, Lauro Gama, and Maurício Almeida Prado, was held at the auditorium of the Fundação Getúlio Vargas (‘FGV-RJ’). Conceived nearly 20 years ago by two of the greatest authorities in national arbitration,…
The Ecuadorian government held a referendum and a public consultation on 21 April 2024. Question D of the referendum asked citizens: “Do you agree that the Ecuadorian State recognizes international arbitration as a method to resolve disputes related to investment, contractual, or commercial matters?” (free translation). The substantive proposal of the question was merely based…
The Silicon Valley Arbitration and Mediation Center’s (SVAMC) Guidelines on the Use of Artificial Intelligence in Arbitration (“Guidelines”) strive to become the first set of rules governing artificial intelligence (“AI”) recognized within the international arbitration community. These have previously been briefly discussed here, here and here. After more than a year of preparation, including a…
In the 2022 case of Omega Engineering LLC and Oscar Rivera v. Republic of Panama (ICSID Case No. ARB/16/42), the Tribunal faced the challenge of distinguishing between a state’s sovereign acts and its commercial activities. This case raised the critical question of when a state’s conduct shifts from exercising sovereign authority to acting as a…
On 6-7 March 2024, experienced practitioners in international arbitration and mining disputes gathered at the Shangri-La in Toronto for the 2nd ITA Conference on International Arbitration in the Mining Sector. At the commencement of the conference, the attendees were welcomed by Tomasz J. Sikora (Exxon Mobil Corporation), the ITA Chair. In his introduction, Mr. Sikora…
Recently, the first upload of awards from the ICCA Awards Series 2024 and the second upload of court decisions from the Yearbook 2024 went online on Kluwer Arbitration. The first upload of materials for the 2024 volume of the ICCA Awards Series features the preliminary and the final ad hoc awards in the Sulu case, a dispute between the heirs…
The growing interference of Mexican drug cartels in mining activities questions whether international investors can be protected by investment treaties. This post offers an initial outlook as to whether cartel extortion could constitute a violation of the Full Protection and Security (“FPS”) standard typically found in such treaties. Background During the last 17 years,…
At the end of February 2024, the United Kingdom (“UK”)’s Energy Security and Net Zero Minister Graham Stuart announced his country’s decision to withdraw from the Energy Charter Treaty (“ECT”). On 28 May 2024, the Energy Charter Secretariat revealed in a press release that the UK’s formal notification of withdrawal had already been received by…
In September 2021, the IBA Arbitration Committee launched a task force to assess whether uniform rules on privilege are desirable or feasible. The task force published its report in February 2024 (the “Report”). The Report concludes that uniform standards are indeed desirable, but only possible for some categories of privilege. For other categories, and as…
On 8 March 2024, the Egypt Branch of the Chartered Institute of Arbitrators (CIArb) organised, as part of its “Wednesday One” panel discussions, a conference hosted by the Cairo Regional Centre for International Commercial Arbitration (CRCICA), titled “International Arbitration and Intellectual Property Disputes.” The panel discussion, moderated by His Excellency Ambassador Mohamed Moustafa Kamaal, aimed…
It took 16 years of negotiations for India and the European Free Trade Association (“EFTA”)—comprising Switzerland, Norway, Iceland, and Liechtenstein—to clinch a free trade agreement (“FTA”). The newly minted FTA is expected to boost the extant levels of trade between the two countries. The formal name of the signed agreement is the Trade and Economic…
On January 23, 2024, the Paris Court of Appeal (“CoA”) dismissed an action for annulment of an arbitral award on public policy grounds, namely a violation of EU competition law. The ruling casts further light on the standard of judicial review applicable to annulment proceedings in France. In particular, it is instructive with regard to…
Latvia has recently taken significant steps to amend its arbitration law, introducing a set-aside mechanism among other necessary changes. This article provides an overview of the background to these changes, the specifics of the new set-aside mechanism, and other amendments made to the Latvian arbitration law. Background Elimination of any or all grounds for…
