DR-CAFTA, Dual Nationals, Investment Arbitration, Jurisdiction of the arbitral tribunal, Latin America

(GST LLP)/ /Leave a comment

It is said that states lose more times than investors in investment arbitration. Indeed, ICSID surveys reveal that while investors receive an award of costs in 41.4% of the cases, states receive a similar award of costs only in 23% of the cases, even when jurisdiction is fully declined. A case where a state prevails…

Bank resolution, BIT, European Union, Investment Arbitration, Mexico, Spain

(Shearman & Sterling LLP) and (University of Luxembourg)/ /Leave a comment

Background In early June 2017, Banco Popular Español S.A. (‘Popular’) was placed into resolution under the European Union’s (‘EU’) Bank Recovery and Resolution Directive (‘BRRD’) and the Single Resolution Mechanism Regulation (‘SRMR’). It was the first – and only, to this day –case where the Single Resolution Board (‘SRB’), as the European resolution authority, intervened…

Africa, Arbitral seat, Arbitral Tribunal, Availability of arbitrators, Conference, Dispute Resolution

(Equanimity Arbitration)/ /Leave a comment

This August, Kenya hosted the 7th annual East African International Arbitration (EAIAC) conference. This year’s theme was Government Contracting and Investment Disputes: Lessons for States and Investors. The conference explored the full spectrum of government contracting from procurement and PPPs (public-private partnerships), tender disputes, dispute mitigation in government contracts, investment arbitration and arbitrating with governments…

Investment Treaties, Transparency in investment arbitrations, Vietnam

(Geneva MIDS)/ /Leave a comment

Introduction The topic of Investor-State Dispute Settlement (“ISDS”) has never been more trending in Vietnam than now. The year 2019 witnessed two of the most noticeable events pertaining to ISDS that involved Vietnam: the end of over-twenty-year Trinh Vinh Binh v Vietnam saga 1)Global Arbitration Review, ‘Dutch national wins moral damages against Vietnam’. and the…

Full Protection and Security, ICSID, Investment, Investment Arbitration, Investment protection

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The numerous interpretations of the Full Protection and Security Standard (“FPSS”) have complicated the findings of tribunals for many years. A number of tribunals have found that this standard applies only to physical protection. Meanwhile, other tribunals have extended this standard to cover all types of protection from physical to legal and commercial. Also, more…

China, CIETAC, HKIAC, Hong Kong, Interim measures, interim relief

, , (Fangda Partners)/ /Leave a comment

On 1 October 2019, Mainland Chinese and Hong Kong bodies brought into force a reciprocal arrangement with significant implications for Hong Kong as a seat of arbitration. The arrangement allows the courts of each jurisdiction to award interim measures in support of arbitrations seated in the other territory. Parties to Hong Kong-seated arbitrations have been…

Artificial Intelligence, HK Arbitration Week, Hong Kong, Intellectual Property, Interviews with Our Editors

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Introduction Ms Winnie Tam SC is a leading intellectual property specialist in Hong Kong, and was the first female specialist of the field to be appointed Senior Counsel by the Chief Justice of Hong Kong in 2006. After her elected term as Chairman of the Hong Kong Bar Association (“HKBA”) between January 2015 and January…

Climate change, HK Arbitration Week, Hong Kong, Investment, Sustainability

, (Clifford Chance)/ /Leave a comment
HK45

Introduction The fourth annual Harbour Lecture took place on 21 October 2019, with hundreds of attendees packed into the Eaton Club, Hong Kong to hear a thought-provoking lecture delivered by Sophie Lamb QC, global co-chair of the international arbitration practice at Latham & Watkins. The theme of this year’s lecture was whether arbitration is sustainable….

Adjudication, Arbitration, China, Construction arbitration, HK Arbitration Week, HKIAC, Hong Kong

(Hogan Lovells), (Allen & Overy), and (Morrison & Foerster)/ /1 Comment

As Hong Kong Arbitration Week 2019 hits the midway point, we asked three next-generation arbitration practitioners: how do you see the future of arbitration in Hong Kong? These are their answers: Joyce Leung: As a construction lawyer, I am seeing an increase in arbitrations arising from the construction sector in light of the completion of…

HK Arbitration Week, Hong Kong, Institutional Arbitration, Institutional Rules, Procedure

, (Holman Fenwick Willan LLP)/ /Leave a comment

Introduction Even a cursory analysis of the history of the procedural rules of leading arbitral institutions demonstrates that procedural rules are increasing in number and becoming ever more comprehensive in their scope. Institutional rules now cover, largely without exception, joinder, consolidation, emergency arbitrator provisions, and expedited procedures. And adding to this, as institutions seeking to…

Financial Services Arbitration, HK Arbitration Week, Hong Kong, Insurance, KCAB, Private Equity

(SCC Arbitration Institute)/ /Leave a comment

Introduction Kicking off Hong Kong Arbitration Week (“HKAW”) 2019 on Sunday was a joint seminar hosted by KCAB INTERNATIONAL and Freshfields Bruckhaus Deringer (“Freshfields”) titled: “Private Equity, Financial Services and Insurance Disputes: Don’t hesitate to arbitrate!” The seminar was an Oxford-style debate of the motion: “this house believes that private equity, financial services and insurance…

ISDS, ISDS Reform, UNCITRAL, Working Group III

(University of Oslo)/ /Leave a comment

UNCITRAL’s Working Group III on investor-state dispute settlement (ISDS) assembled in Vienna last week to consider a raft of reforms concerning investment arbitration. The fifth session in this process, governments surprised many by finalising quickly a medium-term work plan and commencing deliberations with a pragmatism that has proved often elusive. To be sure, not all…

Artificial Intelligence, China, HK Arbitration Week, HKIAC, Hong Kong, Interviews with Our Editors

(Simmons & Simmons) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

Joe is the longest-serving counsel in HKIAC, having been at HKIAC since January 2014. He holds LLMs from New York University and London School of Economics and Political Science. His previous stints included private practice as well as that in SIAC. In January 2019, he was appointed as the Deputy Secretary-General of HKIAC. Our Blog…

Arbitral Award, Arbitrators, conflict of interest, Enforceability, Experts, Germany, Independence and Impartiality

, (Hanefeld Rechtsanwälte)/ /1 Comment

Arbitrators and tribunal-appointed experts are at all times obliged to disclose any and all circumstances that might give rise to doubts as to their impartiality and independence. This is one of the most fundamental duties to safeguard the legitimacy of arbitration. Yet, what are the consequences if they fail to do so? This question has…

Arbitration, BIT, International arbitration, Investment Arbitration, Micula, Romania

(Omnia Strategy LLP)/ /Leave a comment

Introduction With less than a month to go before the latest EU-UK divorce date, the UK Supreme Court resumed its hearing in Micula et al. v Romania 2018/0177, relating to the enforcement of the widely discussed ICSID award against Romania. With the UK grappling with its future relationship with the EU, it is interesting timing…

Advisory Centre, Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform, Working Group III

(Columbia Law School)/ /Leave a comment

In his post of 30 August 2019, Pablo Pérez-Salido discussed the proposal at UNCITRAL’s Working Group III for the establishment of an Advisory Centre on International Investment Law (ACIIL). This post seeks to make a case for such an Advisory Centre.1)This post is based on Karl P. Sauvant, “An Advisory Centre on International Investment Law:…

Arbitrator Challenges, Conflicts of interest, Egypt

(Shehata & Partners, Maastricht University)/ /1 Comment

Introduction An ongoing discussion in the world of international arbitration concerns the conflict of interest of arbitrators and how such issue should be addressed. In this regard, the Egyptian Court of Cassation has very recently enriched this discussion by evincing its perspective on this matter, particularly, with respect to the standard of impartiality and independence…

Brazilian Arbitration Journal

(Lee Taube Gabardo; Editor in Chief, Brazilian Arbitration Journal)/ /Leave a comment

In this edition of Brazilian Journal of Arbitration, the National Doctrine section presents Gustavo Scheffer da Silveira‘s considerations about the sentencing nature of the arbitrators’ decision on their own jurisdiction, as well as the legal regime to which the arbitral award is submitted. Also, Maria Beatriz Grella Vieira proposes some reflections on the objective arbitrability…

Claims Trading, Investment Arbitration, Investor-State arbitration

(Georgetown Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

For all the talk about third party funding, little has been said about the buying and selling of claims outright – what I call “claims trading”. A forthcoming article is the first to survey all the known instances of claims trading in international investment arbitration. It reviews more than forty decisions in which tribunals or…

Adjournment, Arbitration, Arbitration Proceedings, Enforcement, England, English Law, Nigeria

(Clyde & Co)/ /Leave a comment

In the recent judgment of AIC Limited v The Federal Airports Authority of Nigeria [2019] EWHC 2212, the English High Court adjourned the decision to enforce a Nigerian arbitral award in exercise of its discretion pursuant to section 103(5) of the Arbitration Act 1996 (which gives effect to Article VI of the New York Convention)…

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, Arbitration Profiling In his message ASA President Elliott GEISINGER warns against the risks entailed in the profiling of arbitrators or counsel in international arbitration based on pre-determined general…

Arbitration, Brazil, Infrastructure, Public Contract, Public-private arbitration

(Hogan Lovells)/ /Leave a comment

One effective way to manage risk allocation and especially political risk in state contracts consists of delegating dispute resolution and contract interpretation to arbitrators. With the aim to entice more private investors to develop infrastructure, Brazil has taken one positive step to expressly allow arbitration in public contracts concluded in these sectors. On 20 September…

Discovery, Section 1782 Discovery, USA

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A short statute that it is, 28 USC § 1782 has given rise to prolific litigation.  For years, litigants have been debating its import and courts have been dissecting its key terms: to name a few, the nature of the proceeding in aid of which discovery may be sought (see posts here, here, and here),…

Empathy, Kluwer Mediation Blog, Mediation, Mediator

(Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

“Yet for me the same nagging question continued: what are our values? Conflict seems to touch people at the deepest levels: it brings into play ‘their judgement of what is valuable or important in life.’ Yet the values of the mediator seem to be invisible.” Charlie Irvine in Mediation’s Values: Still searching. August and September…