Arbitration, Belgium, CEPANI, Dispute Settlement, Expert evidence, Experts, UNCITRAL, UNCITRAL Arbitration Rules

(Hanotiau & van den Berg) and (The Belgian Centre for Arbitration and Mediation )/ /Leave a comment

Located in the heart of Brussels, Europe’s capital and home to international organisations such as NATO, CEPANI, the Belgian Centre for Arbitration and Mediation, was founded on 25 September 1969. At that time, Belgium had just acceded to the Geneva Convention and was exploring ways to update its obsolete legal arbitration framework. Much has changed…

Accountability, Dispute Resolution, Exhaustion of Local Remedies, Investor-State arbitration, Pakistan, Prevention

(University of Sussex, University of Turku)/ /2 Comments

Introduction In July this year, an International Centre for Settlement of Investment Disputes (ICSID) based arbitration tribunal ordered the Government of Pakistan (GOP) to pay a massive $5.8 billion to Tethyan in compensation. The legal battle between Tethyan and GOP started in 2011 when GOP refused to grant a mining lease to Tethyan after it…

Domestic arbitration, Federal Arbitration Act (FAA), United States

(Penn State Law)/ /Leave a comment

The progression of arbitration law in the American legal system has been steadfast. Despite a few uneasy rulings, the U.S. Supreme Court (“SCOTUS” or “the Court”) has provided resolute support for arbitration and proclaimed the legitimacy of its enhanced adjudicatory role. The few rulings that strayed from the contemporary judicial evaluation of arbitration1)Wilko v. Swan,…

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:   Rachel Chiu Li Hsien, ‘A World Without Borders; A New World Order: Navigating Cross-Border Insolvencies Through Arbitration’ To date, multi-jurisdictional efforts aimed at managing cross-border insolvencies are largely limited to broad speaks of cooperation between national Courts. Absent…

Arbitral Tribunal, Arbitrators, Deliberations

, , (L.O. Baptista Advogados)/ /Leave a comment
Young ITA

“Deliberations of the Arbitral Tribunal” was the theme of the #YoungITATalks held in Sao Paulo on October 10, 2019, organized by L.O. Baptista Advogados and Young ITA. Experienced arbitrators Adriana Braghetta (L.O. Baptista), Carlos Elias (CEARB) and Mariana Craveiro (ContiCraveiro) discussed with moderator Mariana Cattel (L.O. Baptista) the ‘behind the scenes’ of arbitral tribunals’ deliberations….

Arbitration, Careers in Arbitration

(Fitch Law Partners)/ /Leave a comment
ArbitralWomen

On September 25, 2019, a program on “Career Paths in Arbitration” took place in Boston, MA, at Harvard University.  The program was sponsored and organized by ArbitralWomen, Young ArbitralWomen Practitioners (“YAWP”) and the Boston International Arbitration Council (“BIAC”).  The event was supported by the United States Council for International Business (“USCIB”), the Harvard International Arbitration…

Arbitration Agreement, England, Insolvency, Jurisdiction, Spain

(King's College London)/ /1 Comment

One of David Guetta’s most famous songs is “When Love Takes Over”. Recent weeks have shown him that insolvency can also “take over”. The Commercial Court in Santander (Spain) ruled recently that an arbitration agreement signed by the agents of David Guetta ceased to produce effects due to the insolvency of the counterparty, the Spanish…

Counterclaims, Damages experts, Ecuador, Environment, Independent experts

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

After 11 years and more than US$ 89 million in costs,1)Perenco claimed US$ 57,923,322 in legal costs and other expenses, while Ecuador claimed US$ 31,620,369.27 for legal costs and other expenses and an additional US$ 49,629.76 for Petroecuador’s legal costs (a total of US$ 31,701,618.76). an international tribunal rendered a final decision awarding damages in…

Environment, Investor duties, Investor-State arbitration

, , (Columbia Center on Sustainable Investment)/ /Leave a comment

Our planet faces unprecedented threats, including irreversible global warming, loss in biodiversity, and water pollution and water scarcity. The impacts of these environmental crises also threaten human rights and exacerbate inequality. Slowing these worsening environmental trends – and addressing the impacts of environmental change on populations – will require cumulative policy responses at the national…

Court Proceedings, Hague Judgements Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

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Young ICCA

The Hague Conference on Private International Law (HCCH) started the Judgements Project in 1992 which focused on two facets of cross-border litigation: international jurisdiction of courts and recognition and enforcement of their judgements abroad. The project has produced two conventions: The 2005 Choice of Courts Convention and the 2019 Convention on the Recognition and Enforcement…

Appeal, Arbitration, Awards, Challenge of Arbitral Award, Federal Arbitration Act (FAA), Manifest disregard, Manifest Disregard Doctrine, Manifest disregard of the law, New York, United States

, (Reed Smith)/ /Leave a comment

Introduction In domestic award enforcement proceedings, the U.S. federal Court of Appeals for the Second Circuit (“Second Circuit”) in New York recently reversed a lower federal trial court’s decision to vacate that award on grounds that the arbitrator manifestly disregarded the law.  See Weiss v. Sallie Mae, Inc., Dkt. No. 18-2362, Slip Op. (2d Cir….

Enforceability, Enforcement, New York Convention, Uzbekistan

(Dentons)/ /1 Comment

The national courts in Uzbekistan have not commonly been noted by arbitration lawyers and foreign investors for having a pro-arbitration judicial attitude. However, since President Mirziyoyev took office in 2016, Uzbekistan has been trying to build a reputation as an investment-friendly country. It was hoped that the reforms in various sectors would extend as far…

b-Arbitra | Belgian Review of Arbitration

(Bird&Bird) and (Tossens Goldman Gonne)/ /Leave a comment

We are pleased to present you with this new issue of b-Arbitra which not only includes four articles but also reports a significant number of cases from the Belgian courts. In this issue you will find Dilyara Nigmatullina’s article on how arbitration and mediation can be adapted so as to meet the global demands for…

Conference, Diversity

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Young ICCA

This blog post provides a summary of a YICCA workshop held on 26 September 2019 in New York.  The event was jointly organized with the Blacks of the American Society of International Law (BASIL) – a task force formed in 2014 at the invitation of ASIL’s former Honorary President Gabrielle K. McDonald). The NY event…

Emergency Arbitrator, India, Singapore International Arbitration Centre, UNCITRAL Model Law

(SIAC)/ /1 Comment

This post covers an interesting discourse during the Singapore International Arbitration Centre’s Summit in New Delhi on 30 and 31 August 2019. In particular, the post focuses on the discussions during Panel Session 1: ‘Masterclass on the use of Institutional Procedures in Arbitration’ held on the second day of the summit. This session was moderated…

Arbitration, Arbitration Proceedings, Arbitrators, Insurance, Liability, regulation

(Ellex Valiunas )/ /2 Comments

Arbitrators’ civil liability is not a topic that everyone within the arbitration community enjoys discussing. Therefore, it is not surprising that the approach to the concept of liability differs within the arbitration community. In cases where someone may face civil liability, the possibility to insure such risk arises. This blog post, therefore, will deal with…

Applicable Law, Blocking regulations, Economic Sanctions, EU Law, European Union, Government intervention, Iran, Lex Arbitri, Lex Fori, Sanctions, United States

and (Steptoe & Johnson LLP)/ /Leave a comment

Introduction The United States announced the reinstatement of sanctions on Iran in May 2018. Following that, the EU responded by revising their Blocking Regulation (Regulation 2271/96) in August 2018. The Blocking Regulation was designed to safeguard European entities from the extraterritorial reach of the U.S. sanctions. The uncertainty surrounding the scope of application and the nature of blocking…

Arbitrators, ICSID, ICSID Arbitration, ICSID Convention

, (BonelliErede)/ /Leave a comment

On September 9, 2019, the Federal Republic of Germany designated Professor Franco Ferrari to serve on the ICSID Panel of Arbitrators, pursuant to Article 13 of the ICSID Convention. Professor Ferrari is the only arbitrator designated by Germany who does not have German nationality, the exception that proves the (unwritten) rule of Contracting States predominantly…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Case Management, Efficiency, International arbitration, Poland

(Akademia Leona Koźmińskiego) and (Kocur & Partners)/ /Leave a comment

Essential Role of Effective Case Management in Arbitration Throughout the second half of the 20th century, arbitration has become a dominant and preferred method for resolving international disputes. Its advantages are widely known. This being said, international arbitration suffers nowadays from increasing costs and duration of the proceedings. It is less efficient than it promises….

Awards, Colombia, Constitutional Court, International arbitration, Tutela

, (Zuleta Abogados)/ /1 Comment

On August 6, 2019, the Fifth Revision Chamber of Colombia’s Constitutional Court (the “Court”) issued judgment T-354/19 resolving a constitutional injunction (tutela)1)The tutela is a constitutional injunction that aims to protect fundamental constitutional rights when they are violated or threatened by the action or omission of any public authority. This mechanism is incorporated in Article…

Arbitration, Arbitration Institutions and Rules, Asia, Asia-Pacific, Energy

(White & Case LLP)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The ITA-IEL-ICC Joint Conference on International Energy Arbitration was held in Singapore in September, examining the future of international energy disputes in the region. There was a focus on the client perspective, with insights from a variety of speakers. The range of participants and speakers was impressive, with practitioners, in-house counsel and institution representatives covering…

Immunity, International Law, Sovereign Immunities, Sovereign Immunity, United States

, (Reed Smith)/ /Leave a comment

The recent decision issued by the United States Court of Appeals for the District of Columbia in Pao Tatneft v. Ukraine reopened the door to whether a country waives sovereign immunity under the Foreign Sovereign Immunities Act (the “FSIA”) by signing the New York Convention or other international treaties. In Pao Tatneft v. Ukraine, Tatneft,…

Awards, England, English Arbitration Act, English courts, Procedural Order, Set aside an arbitral award

, (Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

The English High Court (the Court) has recently issued two judgments clarifying its approach to determining whether a decision by an arbitral tribunal is an award or a procedural order. A few months ago in ZCCM Investment Holdings PLC v Kansanshi Holdings PLC & Anor (ZCCM), the Court identified a list of factors that it…

Group of Companies Doctrine, India, Third Party

(Shardul Amarchand Mangaldas & Co.)/ /Leave a comment

Introduction In a previous post, I had surmised whether the Indian courts’ tryst with the group of companies doctrine (“Doctrine”) in the arbitration context is a harbinger or aberration. If the Indian Supreme Court (“SC”) decisions in Reckitt Benckiser v. Reynders Label Printing, decided on 1 July 2019 (“Reynders Label”), and MTNL v. Canara Bank, decided on 8…