Arbitration, Arbitration Proceedings, Artificial Intelligence, Efficiency, Finland, GDPR, International arbitration, National Courts

(The Arbitration Institute of the Finland Chamber of Commerce) and (The Finland Arbitration Institute (FAI))/ /Leave a comment
Finland Arbitration Institute (FAI)

On 23 May 2019, the Arbitration Institute of the Finland Chamber of Commerce (FAI) hosted the 15th IFCAI Biennial Conference in Helsinki. The International Federation of Commercial Arbitration Institutions (IFCAI) organises the “IFCAI Biennial Conference” every two years in cooperation with an IFCAI member arbitration institution. This year it was hosted by the FAI in lieu…

China, Hong Kong, Interim measures, interim relief

(Zhong Lun Law Firm)/ /Leave a comment

Introduction On April 2, 2019, the Supreme People’s Court (“SPC”) and the Department of Justice (“DOJ”) of the Hong Kong Special Administrative Region (“HKSAR”) signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (“Arrangement”). This…

China, Hong Kong, Interim measures, interim relief

(Zhong Lun Law Firm)/ /Leave a comment

In Part I of this post I discussed how the Arrangement excluded ad-hoc arbitration and how it raised certain issues on jurisdiction of the courts. In Part 2, I discuss other aspects of the Arrangement.   Interaction between Arrangement and CICC The interaction between the Arrangement and the China International Commercial Court (“CICC”) is also…

BIT, Corporate Social Responsibility, Environment, Human Rights, Investment agreements

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Ever since its inception, investment arbitration has benefited from a perception of self-contained ecosystem that does not interact with any other normative subject matter. Investor-State tribunals for the most part have been reluctant to accommodate the application of non-investment obligations and treaties, claiming either lack of jurisdiction over such claims, or affirming upfront that non-investment…

Concession Agreement, Construction, Corruption, Dispute Resolution Boards, Energy, Evidence, Investment, Investor duties, Latin America, Social license

(Reed Smith) and (Morgan & Morgan Legal)/ /Leave a comment

The Latin Lawyer – GAR Live 3rd Annual Arbitration Summit took place on Tuesday, April 30, 2019 (the “Summit”). Practitioners from the United States and Latin America gathered for a third consecutive year in Miami to discuss the importance of dispute boards in constructions contracts, the issue of social licenses, the challenges facing the energy…

Financial Services Arbitration, Mediation, Shanghai, SHIAC, Singapore International Mediation Centre

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Shanghai International Arbitration Center (SHIAC)

Arbitration is often used to resolve financial disputes in China. For example, China’s financial regulation organs, i.e., People’s Bank of China, China Securities Regulatory Commission, China Insurance Regulatory Commission and China Banking Regulatory Commission, each have made efforts in promoting the use of arbitration in their regulated areas of business. Data released by the Ministry…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Construction, Construction arbitration, Dispute Resolution, Document Production, Expert evidence, Hearings, IBA, IBA Rules of Evidence, International arbitration, Prague Rules

(Hogan Lovells)/ /Leave a comment

The main concerns of parties when considering arbitration are the costs and length of arbitration proceedings (see, e.g., Queen Mary University of London 2018 International Arbitration Survey). The popularity of arbitration as a method of resolving construction disputes thus depends largely on whether costs can be reduced and efficiency maintained. This is particularly the case…

Changed Circumstances, Energy, Force majeure, Hardship

(Pillsbury Winthrop Shaw Pittman LLP)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Reflecting on fallout from economic and geopolitical turmoil since the financial crisis of 2008, the 31st Annual ITA Workshop and Annual Meeting, held in Dallas on June 19-21, 2019, focused on how to adjudicate changed circumstances in international arbitration. Keynote speakers and panelists engaged in lively debates on how domestic and international legal principles on…

Corruption, Discovery, ICSID Arbitration, Section 1782 Discovery, USA

(Ava J Borrasso P.A.)/ /Leave a comment
ArbitralWomen

Corruption in the context of international arbitration is at the forefront of current discussion and analysis. At the same time, innovative efforts to obtain evidence in the U.S. through 28 USC § 1782 to support or counter a wide variety of international (i.e. non-U.S.) cases continue to evolve (including its recent extraterritorial application discussed more…

CRCICA, Egypt, Interviews with Our Editors, MENA, Middle East

(Dentons & Co, Dubai)/ /Leave a comment

Dr Ismail Selim, thank you for joining us on the Kluwer Arbitration Blog! We are grateful to have the opportunity to share your unique perspective with our readers.   1. Could you give our readers a brief introduction to yourself and your route to becoming Director at CRCICA? I graduated from Cairo University in 1997…

Arbitrability, Intellectual Property, Intellectual Property Rights, WIPO, WIPO Arbitration Rules

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Schoenherr

The relevance of intellectual property in business is on the rise, in particular concerning cross-border transactions. Accordingly, the willingness to defend such rights is also becoming stronger. Disputes concerning intellectual property rights are traditionally mainly dealt with before national courts. Yet, in recent years there has been a considerable shift towards arbitration. The acknowledgement that…

Africa, Arbitral seat, Arbitrators, Courts, International arbitration, Interviews with Our Editors, National Courts

(Equanimity Arbitration)/ /Leave a comment

A common concern for parties when opting for an African country as a seat of arbitration is the extent of judicial intervention in the arbitration. Whilst certain African national courts have swayed back and forth between exercising sovereignty and upholding party autonomy in arbitration there is a positive inkling that African national courts are more…

Arbitration, Arbitration Proceedings, Human Rights, International arbitration

(Hogan Lovells)/ /Leave a comment

During the London International Dispute Week in May this year (which was covered at the Kluwer Arbitration Blog in depth, see here), a panel on “energy disputes in a disruptive world” focused on the increasing prevalence of claims against energy companies in relation to climate change or for involvement in human rights impacts. I had…

Hong Kong, International Commercial Arbitration, Interpretation of Contracts, Scope of an arbitration agreement, Shareholders Agreement

(OBOR Legal Research Centre)/ /Leave a comment

Introduction In the recent Hong Kong decision of Dickson Holdings Enterprise Co Ltd v. Moravia CV and Others [2019] HKCFI 1424, the court considered whether the arbitration agreement contained in the parties’ shareholders’ agreement covered disputes arising from any affairs of the company. As elaborated below, the decision is instructive for how similar arbitration agreements…

Arbitration, arbitrators’ conduct, Code of best practices, Conflicts of interest, Diversity, Duty to Disclose, Spain

(Mihaela Maravela Law Office) and (GIN Platform Blockchain Infrastructure)/ /1 Comment

In June 2019, the Spanish Arbitration Club (“CEA”) launched a new Code of Best Practices in Arbitration (the “Code”). This post briefly describes the scope of the Code and provides insights on the specific best practices proposed by CEA. The initiative is commendable, as it reflects the CEA community experience and tackles hot topics in…

England, English Arbitration Act, English courts, English Law

(Chartered Institute of Arbitrators)/ /2 Comments
Chartered Institute of Arbitrators (CIArb)

The Roebuck lecture, delivered this year on 13 June 2019, is an annual gathering of renowned scholars, practicing lawyers, arbitrators, students and arbitration enthusiasts. It pays tribute to Professor Derek Roebuck MCIArb, the arbitration historian who made an invaluable contribution to the Institute’s work and development, in particular as editor of the CIArb’s prestigious academic…

Section 1782 Discovery

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Three Crowns LLP

The use of 28 U.S.C. Section 1782 to obtain through U.S. courts evidence in support of foreign proceedings is at its zenith. But a number of questions regarding the scope of the statute are still open. As recent decisions from the United States Federal Court for the Southern District of New York (SDNY) demonstrate, considerable…

ASA Bulletin

(Editor in Chief, ASA Bulletin; LALIVE) and (LALIVE)/ /Leave a comment

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases: ARTICLES Elliott GEISINGER, Simplicity and Sophistication (Of Furniture, Nails, Screws and Glue) In his message, ASA President Elliott GEISINGER lauds the art of simplicity and questions the necessity of some of the…

Arbitration, Arbitration Proceedings, International arbitration, Technology

(Squire Patton Boggs)/ /1 Comment

Report from a Workshop Hosted by Squire Patton Boggs and Delos on 30 May 2019 in Prague It has been a while now that buzzword of innovation has made its way into the traditionally conservative legal world. While a number of smart tech tools for lawyers such as contract automation or document management systems with numerous…

BIT, Chile, Free Trade Agreements, Investment protection, Investment Treaties

and (King & Spalding)/ /Leave a comment

Chile is one of the most dynamic states in Latin America.  The World Bank has observed that “Chile has been one of Latin America’s fastest-growing economies in recent decades”.  And foreign direct investment has increased significantly in recent years.  As investment interest in Chile grows, it is important for both investors and international law practitioners…

Bribery, Enforceability, Enforcement, Enforcement of an award that was set aside, International Investment Arbitration, Investment Arbitration

(De Almeida Pereira PLLC)/ /Leave a comment

Discussions of corruption carry strong moral sentiments.  After all, the abuse of public office for private gain erodes people’s trust in government and institutions, makes public policies less effective and fair, and siphons taxpayers’ money away from schools, roads, and hospitals. More generally, broad-based corruption weakens the foundations of a healthy economy, degrades social norms,…

India, Public Policy, Set aside an international arbitral award

(Kachwaha & Partners) and (Permanent Court of Arbitration)/ /Leave a comment

The decision of the Supreme Court of India (“SC”) in Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India (NHAI) (“Ssansyong”), has led to three notable developments: (1) it clarifies the scope of the “public policy” ground for setting aside an award as amended by the Arbitration and Conciliation (Amendment) Act 2015…

Belt Road Initiative, Central Asia, China, Investment Arbitration

(The George Washington University Law School)/ /1 Comment

Background Since its announcement in 2013, China has invested more than US $120 billion into the target countries along the Belt and Road Initiative (“BRI”) on infrastructure projects ranging from ports and railroads to pipelines. Central Asia will become part of nearly the entire major trade corridor identified under the BRI. Hence the BRI presents…

Confidentiality and Transparency, Danish Institute of Arbitration (DIA), Diversity, ICC, Inherent Powers, Investment Arbitration, IT, M&A, Prague Rules, Witness, Witness Statement

(The Danish Institute of Arbitration)/ /Leave a comment

  The Danish Institute of Arbitration (DIA) and ICC Denmark hosted Copenhagen Arbitration Day earlier this year. Discussion took place on a wide range of topics such as the criticism of arbitration, diversity and the Prague Rules. The day began with three lunchtime seminars. The first took place at the University of Copenhagen, where four…