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Access to Justice, Albania, Arbitral Award, Arbitration, Enforcement, European Court of Human Rights, Foreign arbitral awards, Investment Arbitration, Investment Disputes, Investor-State arbitration, Investor-state tribunals, ISDS, Recognition, Recognition and enforcement of arbitral award

The ECtHR and the Recognition of International Arbitral Awards: The Court’s Judgment in Iliria S.R.L. v. Albania

Laura Rees-Evans, Miglena Angelova (Fietta LLP)/May 29, 2024May 28, 2024 /Leave a comment

…of costs and expenses incurred in the Albanian court proceedings. The Court awarded the applicant a total of €10,800, covering costs incurred due to the delay and non-pecuniary damages (paras…

Achmea, BIT, CJEU, Domestic Courts, ECT Withdrawal, Energy Charter Treaty, Europe, foreign direct investment, Foreign Investment, International arbitration, Intra-EU Investment Arbitration, Investment Arbitration

9th EFILA Annual Conference: New Frontiers in International Investment Arbitration

Aarya Dixit, Leticia Diehl Tomkowski (Clifford Chance)/May 27, 2024May 21, 2024 /Leave a comment

…participate in proceedings, lead to suspension of proceedings, the resignation of counsel, witness intimidation and refusal to testify, increased costs due to the suspension of proceedings and counsel changes, delays…

Adverse Inference, Arbitrator Bias, Decision Making, International arbitration

Seeking a Treasure: Behavioral Economics in the Sea Search-Armada v. Colombia Arbitration

Galo M. Márquez Ruiz (Creel, García-Cuéllar, Aiza y Enríquez)/May 18, 2024May 17, 2024 /Leave a comment

Mid-hearing, the Arbitral Tribunal in Sea Search-Armada, LLC v. The Republic of Colombia (PCA Case 2023-37) received an application for intervention from the Kingdom of Spain. The letter asserted Spain’s…

Africa, Conference, LIDW 2024

LIDW 2024: The Rise of African Arbitration – Is Africa Leading the Way?

Poupak Anjomshoaa (Trinity International LLP)/May 16, 2024May 15, 2024 /Leave a comment

…how African nations have reacted to investors’ demands for increased security for their investments, and the consequences for the world of arbitration. Why Has Africa Taken Centre Stage? As…

CIArb, Climate change, Commercial Arbitration, Conference, Investor-State arbitration

Climate Change or Change of Climate?

Mirko Camanna (Erasmus University Rotterdam)/May 15, 2024May 16, 2024 /Leave a comment

…pay litigation costs; measures to enhance transparency through third-party information disclosure and to allow increased participation, as by incorporating amicus curiae in arbitration rules, allowing the formal involvement of affected…

Arbitration Agreement, Arbitration clause, Arbitration institution, Europe, Netherlands

Mind the Gap: A Dutch Example of Interpreting an Ambiguous Arbitration Agreement

Caroline Deves, Thomas de Bekker (Houthoff)/May 14, 2024May 13, 2024 /1 Comment

…the incorrect forum, the party who initiated the proceedings will be faced with high costs and will in fact be back at square one, needing to initiate new arbitral proceedings….

California International Arbitration Week, Technology

California International Arbitration Week 2024: Navigating Technology Disputes in the Modern Era

Alisha Sharma (Devlin Law Firm) and Tuyana Molokhoeva (Quandary Peak Research)/May 12, 2024July 17, 2024 /Leave a comment

Young California Arbitration (Young CalArb)

…data security breaches, the landscape of technology-related disputes is complex and ever-evolving. The session provided a platform for in-house and external counsel from leading and emerging tech companies to discuss…

Artificial Intelligence, California International Arbitration Week

California International Arbitration Week 2024: AI in ADR: Building Consensus Around The Path Forward

Rabia Batool (California Arbitration Membership Committee) and Scarlet Tunney/May 12, 2024July 17, 2024 /Leave a comment

Young California Arbitration (Young CalArb)

…costs. Guideline 6 prevents arbitrators from using AI in a way which amounts to delegation of their mandate, emphasizing the arbitrator’s ultimate decision-making function. It requires arbitrators to carefully verify…

Brazil, Latin America

Arbitouille: Arbitration Counsel as a Restaurant Chef

Guilherme Rizzo Amaral (Souto, Correa, Cesa, Lummertz & Amaral Advogados)/May 10, 2024May 9, 2024 /Leave a comment

…as key with weak or ambiguous evidence. Boredom should be avoided at all costs, which is especially challenging in times of remote hearings. Carefully choose the dishes and their order…

Advocacy, Arbitration Procedure, Costs in arbitral proceedings, Ethics, ICCA, ICCA Hong Kong 2024

ICCA Hong Kong 2024: Advocacy, Procedures, and Ethics in Focus

Yashan Huang, Max Joite (CMS Hasche Sigle, Hong Kong LLP), Yating Lin (The University of Hong Kong), Kritika Sethia (Tanner De Witt), and Gökçe Uyar/May 9, 2024May 10, 2024 /Leave a comment

…of arbitration, and the intricacies of security for costs including fairness in cost allocation. The panel also explored ideas for the reduction of costs. Discussions highlighted that most rules provide…

Arbitration institution, Artificial Intelligence, ICCA, ICCA Hong Kong 2024

Are Arbitral Institutions Using Artificial Intelligence? The State of Play in Adopting AI

Maxim Osadchiy (Osadchiy Dispute Resolution LLP & Queen Mary University of London) and Erika Santini, Michael McIlwrath (MDisputes)/May 8, 2024May 8, 2024 /Leave a comment

…examples include using AI to help track time and costs of proceedings, prepare casework reports, assist with knowledge management and record keeping, and prepare drafts of correspondence to the parties…

Delhi Arbitration Week, India

Delhi Arbitration Weekend 2024: Setting the Stage for South Asia’s Aspiring Arbitration Jewel

Garv Malhotra, Eshan Chaturvedi, Arijit Sanyal (Skywards Law)/May 6, 2024May 5, 2024 /Leave a comment

…arbitrations, such as higher costs and inflexibility, contribute to Indian parties’ continued preference for ad-hoc arbitrations. This can also be understood as a contributing factor for challenges that end up…

ITA Arbitration Report

KluwerArbitration ITA Arbitration Report, Volume No. XXII, Issue No. 3 (March 2023)

Roger Alford (General Editor) (Notre Dame Law School), Crina Baltag (Managing Editor) (Queen Mary University of London), and Monique Sasson/May 3, 2024May 2, 2024 /Leave a comment

…held in its decision of 16 January 2018 that an arbitral award endorsing a sanctions regime under the UN Security Council and European regulations is not contrary to international public…

Achmea, Brexit, Enforcement, English courts, European Commission, European Court of Justice, Micula, Sweden, UK Supreme Court

Last Gasps of Brexit: The CJEU Holds that the UK Breached EU Law in a Continuation of the Micula Saga

James Hope, Nils Ivars, Kateryna Lazarchuk (Vinge)/May 1, 2024May 3, 2024 /Leave a comment

…Withdrawal Agreement, and the CJEU ordered the UK to pay costs. In accordance with the Withdrawal Agreement, the CJEU judgment has binding force and the UK is obligated to take…

Arbitrability, Bahamas, Caribbean, Latin America, Trust

More Reasons to Trust Arbitration in the Bahamas: Examining the Key Takeaways From Gabriele Volpi v. Delanson Services Limited & 2 Others

Efemena Iluezi-Ogbaudu (Linklaters)/April 29, 2024May 3, 2024 /1 Comment

…[which provides for the award of security for costs] or (7) [which provides for payment of money due under an award into court] but this does not affect the general…

India, Set aside an arbitral award

Three Steps Forward, One Step Back? The Indian Supreme Court’s Annulment of an Award

Urvashi Misra, Durga Priya Manda (AZB & Partners)/April 28, 2024May 3, 2024 /Leave a comment

…of the SC Rules, the Supreme Court is also empowered to impose exemplary costs on the petitioner, at any stage, if it comes to the conclusion that the curative petition…

Arbitration Agreement, Chinese Arbitration Law, PRC, Uncategorized

Asymmetrical Arbitration Agreements Under PRC Law

Fang Zhao, Han Ma, Linlin Li (Hui Zhong Law Firm)/April 26, 2024April 26, 2024 /Leave a comment

…case there would effectively be no agreement to arbitrate. Such conflict could potentially result in prolonged jurisdictional disputes and hence significantly increased costs. Asymmetrical arbitration agreements, which typically allow the…

MENA, Middle East, United Arab Emirates, Witness

Are Witnesses Still Required to Take an Oath in UAE-Seated Arbitrations?

Nayiri Boghossian (Nayiri Boghossian FZE)/April 24, 2024April 23, 2024 /Leave a comment

…been rendered in arbitral proceedings conducted under the Dubai International Arbitration Centre (“DIAC”) Rules 2007 awarding the claimant fifteen million dirhams in addition to arbitration and legal costs (“Award”). The…

Brazil, Brazilian Arbitration Act, Impartiality, Independence, Independence and Impartiality, Latin America

Arbitrators’ Duty to Disclose under Brazilian Law: The Case of Government Attorneys Seating as Arbitrators

Bettina Omizzolo (Independent Arbitration Lawyer)/April 23, 2024April 19, 2024 /Leave a comment

…and overseeing all pension funds in Brazil, i.e., social security entities established for employees of private companies, and/or public servants at all levels of government. It is also responsible for…

Corporate, Due Diligence, Human Rights, International Investment Law

Unexpected Allies: Could International Investment Law Transform Human Rights in Supply Chains?

Laura Kaspar/April 20, 2024April 10, 2024 /Leave a comment

…[Human Rights Due Diligence].” A recent report by Institut der deutschen Wirtschaft similarly emphasised the high implementation costs companies face if they were to raise production standards to meet legal…

ArbitrateAD, Arbitration institution, DIAC, Dubai, Middle East, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Singapore, United Arab Emirates

The Aftermath of Decree 34: The Saga Continues in Singapore

Hassan Arab, Khushboo Shahdadpuri (Associate Editor), Shadha Zawawi (Al Tamimi & Company)/April 18, 2024April 18, 2024 /Leave a comment

…DIFC-LCIA and the DIAC, such as different timelines, calculation of costs and procedures for emergency arbitration. In rendering its decision, the Singapore Court also referred to the Louisiana Court decision…

ADGM, ArbitrateAD, Costs in arbitral proceedings, CRCICA, Dubai, ICC Rules, LCIA Rules, MENA, SCCA, SIAC, UAE Federal Arbitration Law

Dubai Courts Drastically Curtail Recoverability of Legal Fees in Arbitration under the ICC Rules

Sergejs Dilevka, Dimitriy Mednikov (Galadari Advocates & Legal Consultants)/April 15, 2024April 12, 2024 /1 Comment

…Rules 2021 explicitly provides that “[t]he costs of arbitration shall include […] reasonable legal and other costs incurred by the parties” when dealing with costs of the arbitration.2)Article 38(1) of…

Conference, International arbitration

Columbia Arbitration Day 2024: “The New Era of International Arbitration: A User Guide”

Priscilla Villa Nova (Chaffetz Lindsey LLP)/April 14, 2024April 10, 2024 /Leave a comment

…a specific limit of claims, such as delays and disruptions, additional scope and costs, liquidated damages, loss of profit, performance and warranty issues, indemnity, and insurance claims. She emphasized that…