Colombia, Domestic Courts, France, Latin America

, (Zuleta Abogados)/ /Leave a comment

In June 2019, Colombia’s Constitutional Court (the “Court”) issued a communication informing its decision on the constitutionality of the BIT between Colombia and France (the “BIT”) signed on July 10, 2014. In an unprecedented decision, the Court adjudged that the BIT is compliant with the Colombian Constitution (the “Constitution”) but conditioned its ratification to the…

Damages, Damages experts, Investment Arbitration, Investor, Investor-State arbitration

(FTI Consulting)/ /1 Comment
ArbitralWomen

Recently published arbitral awards provide insight into Tribunals’ reasoning when the quantum of a claim is challenged for being too uncertain or speculative. Typically, Claimants will not only claim costs incurred up to the date of the breach or expropriation, but they will also claim compensation for future profits in a but-for scenario. However, a…

China, Enforcement, Enforcement of an award that was set aside, Hong Kong, Macau, Set aside an arbitral award, Stay of Proceedings, Taiwan

(Arnold & Porter) and / /Leave a comment

Introduction In international arbitration, winning an award is not the end of the story.  Instead, a favorable business outcome depends on successful enforcement of the award in the jurisdiction(s) where the opponent’s assets are situated.  Unfortunately for the winning party, the losing party may delay or even avoid enforcement by raising challenges and instigating proceedings…

Foreign arbitral awards, Foreign Dispute, Foreign seat, India, Seat of the arbitration

(National Law University, Delhi) and (National Law University Delhi)/ /2 Comments

The question whether two Indian parties can choose a foreign seat of arbitration has become far too obfuscated with some recent judicial pronouncements. This article seeks to argue that the scheme of Indian Arbitration and Conciliation Act (“Act”) itself does not permit it. In India, enforcement of arbitral awards is covered in two parts under…

Brazilian Arbitration Journal

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

The present edition of the Revista Brasileira de Arbitragem [Brazilian Arbitration Journal] presents three articles in the National Doctrine section: Laura Carneiro de Mello Senra deals with the arbitrability of cases involving the remuneration of Brazilian federal public servants in which disputes against the Federal Union or a different public entity may arise; Leandro Rigueira Rennó Lima…

Arbitration institution, CICA, Costa Rica, Interview, Interviews with Our Editors, Latin America

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

Welcome to the Kluwer Arbitration Blog, Ms. Sauma!  We are grateful for this opportunity to learn more about the International Center for Conciliation and Arbitration (“CICA” for its initials in Spanish), which is celebrating its twentieth anniversary this year (congratulations!), as well as about the dynamic alternative dispute resolution environment of Costa Rica.  Thank you…

Arbitration, Evidence, International arbitration, Prague Rules

, (Clifford Chance Asia)/ /1 Comment

The publication of the Rules on the Efficient Conduct of Proceedings in Arbitration (“Prague Rules”) on 14 December 2018 heralded a challenge to the well-established incumbent (i.e. the International Bar Association (“IBA”) Rules on the Taking of Evidence (“Evidence Rules”)) and prompted much debate amongst the arbitral community, including at least six posts on this…

CIETAC Investment Arbitration Rules, Emergency Arbitrator, Investment Arbitration, SCC Rules, SIAC Investment Arbitration Rules

/ /Leave a comment

The use of Emergency Arbitrator (“EA”) procedure is not frequently deployed in investment treaty arbitration, compared to its success in the commercial space. Despite calls for caution, three sets of major arbitration rules have promulgated EA procedure for investment disputes, i.e., Arbitration Rules of Stockholm Chamber of Commerce (“SCC Rules”), SIAC Investment Arbitration Rules (“SIAC…

Accountability, Arbitration, Human Rights, PCA

(Permanent Court of Arbitration), (University of Michigan Law School), and (Columbia Law School and University of Deusto)/ /Leave a comment

Since 2013, an independent group of international lawyers (the Working Group of the Business and Human Rights Arbitration project) has been considering the possibility of using international arbitration as a method of resolving disputes over obligations and commitments arising out of business-related human rights abuses.  The idea underlying the project is that international arbitration could…

Central Asia, Enforcement, ICCA, Kyrgyzstan, Set aside an arbitral award

(Oon & Bazul LLP)/ /Leave a comment

Although Central Asia has geostrategic importance in Asia, the Middle East, and Europe as the heart of the ‘Silk Road’, the Kyrgyz Republic in Central Asia1)Central Asia consists of 5 countries (Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, and Turkmenistan) and Kyrgyzstan is a landlocked nation bordered by China, Kazakhstan, Uzbekistan and Tajikistan. has remained relatively unknown, especially…

Arbitration, Arbitration Proceedings, International arbitration, Investment Arbitration, Switzerland, Third party funding

(Gabriel Arbitration AG) and (University of Belgrade)/ /Leave a comment

Prof. Dr. Jelena Perović, from the University of Belgrade (Serbia) and Dr. Nataša Hadžimanović, from Gabriel Arbitration (Zurich, Switzerland), launched the Round Table on Arbitration in 2018 as a forum to discuss controversial issues, share experiences and highlight new trends in arbitration. The 2nd Round Table on Arbitration took place in the magnificent rooms of…

Interest rates, LIBOR

, (Lévy Kaufmann-Kohler)/ /Leave a comment

Introduction The London Interbank Offered Rate (“LIBOR”) is an estimate of the interest rate at which London-based major banks borrow unsecured funding from one another. It is administered by the Intercontinental Exchange (“ICE”) under the supervision of the Financial Conduct Authority (“FCA”). Based on the entries supplied by a panel of banks, ICE currently estimates…

Annulment, Recognition and enforcement of arbitral award, Set aside an international arbitral award

(Arbitrator Intelligence)/ /Leave a comment

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) prescribes mandatory, uniform international rules for the recognition and enforcement of international arbitration agreements and awards in the Contracting States. Pursuant to Article V(1)(e) of the New York Convention, an award may be denied recognition and enforcement by the…

Jurisdiction, Jurisdictional challenge, Singapore Court of Appeal, UNCITRAL Model Law

(Drew & Napier)/ /Leave a comment
YSIAC

Art 16(3) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) provides that if a tribunal issues a preliminary ruling that it has jurisdiction, a respondent may appeal the tribunal’s ruling to the relevant court within 30 days. Can a party who loses a jurisdictional challenge still set aside the final award for…

Africa, Arbitral seat, Arbitration, Arbitration Proceedings, BIT, ICSID, ICSID Proceedings, Investment Arbitration, Investment Treaties, Tanzania

(Equanimity Arbitration)/ /Leave a comment

In September 2018, Tanzania took the international arbitration community by surprise when it issued its notice of its intent to terminate the Agreement on Encouragement and Reciprocal Protection of Investments between Tanzania and the Netherlands which was set to expire on 1 April 2019 (Netherlands BIT). Article 14 (2) of the Netherlands BIT provides that…

BIT, Corporate Social Responsibility, Investment agreements, Investor-State arbitration

(Nyenrode Business University)/ /Leave a comment

The notion of Corporate Social Responsibility (CSR) is gaining momentum in international investment law. States continue to include the CSR provisions in their newest international investment agreements (IIAs). In addition to typical CSR clauses directed at states to encourage investors to incorporate the internationally recognized standards on CSR (e.g. Argentina –Japan BIT (2018); the Australia-Hong…

Achmea, CJEU, EU Law, ICSID Arbitration, Micula, Recognition and enforcement of arbitral award

(Linklaters)/ /Leave a comment
Linklaters

In a striking new episode of the long-running Micula saga, the General Court of the CJEU has quashed the European Commission’s 2015 decision that Romania’s payment of the €178 million award rendered by an ICSID tribunal back in 2013 would constitute illegal State aid in the meaning of Article 107 of the TFEU. In its…

Announcement, Kluwer Arbitration Blog

(Stockholm University)/ /Leave a comment

The Editorial Board of Kluwer Arbitration Blog announces the opening of the following positions with Kluwer Arbitration Blog: General Assistant Editor and Assistant Editor for Central Asia and East Asia.   The Assistant Editors report directly to the coordinating Associate Editor and are expected to (1) collect, edit and review guest submissions from the designated…

ICSID Arbitration, Security for Costs, Third party funding

, (Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

On April 29, 2019, an ICSID annulment committee broke new ground by upholding a tribunal’s order that a party post security for costs. This decision, in the case RSM Production Corp v. Saint Lucia, is the first time that an ad hoc committee has addressed whether the ICSID Convention and Rules grant tribunals such a…

Investment agreements, Investment Arbitration, Investment law, Investment protection, Investor, Investor-State arbitration

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

On March 27, 2019, Washington, D.C. hosted the 16th annual ITA-ASIL Conference discussing the impact of State parties in contract-based arbitrations.  Also known as private-public and “investomercial” arbitration, this genre of arbitration has recently grown due to, among other things, privatization processes, concession agreements, as well as conditions imposed by lenders and insurance companies. Providing…

Arbitral seat, Asia-Pacific, Belt Road Initiative, China, Hong Kong, ICC

(Queen's University Faculty of Law)/ /2 Comments

After facing one of the largest protests in the city’s history on June 9, and then repeated protest and clashes with police last Wednesday, the Hong Kong government suspended efforts to pass its extradition bill. The bill would have required the city’s judges to extradite criminal suspects to Mainland China with minimal safeguards and facilitated…

Conflict prevention, International arbitration, International dispute resolution, Latin America, Trade and investment agreements

(Kingston University London)/ /Leave a comment

International trade and investment arbitration in Latin America has come a long way over the last two decades as discussed in the book Trade Agreements, Investment Protection and Dispute Settlement in Latin America.  More recently, new generation trade and investment agreements entered into by Latin American states have progressively included innovative dispute resolution mechanisms, shaping…

Arbitration, Arbitration Proceedings, BIT, Enforcement, Gender equality, Human Rights, International arbitration, Investment Arbitration, Netherlands draft model BIT

(Columbia Law School) and (De Brauw Blackstone Westbroek)/ /1 Comment

On 22 March 2019, the Netherlands published its new model BIT (“2019 Dutch Model BIT”). The new model text may well set the scene for a new generation of investment treaties, paving the way with progressive rules on sustainable development and gender empowerment. The 2019 Dutch Model BIT is a refined version of the initial…

Arbitrability, Deposits, India

(Jindal Global Law School)/ /1 Comment

The Indian Supreme Court recently in M/s Icomm Tele Ltd. vs. Punjab State Water Supply & Sewerage Board,  (“Icomm”), struck down a clause in an arbitration agreement as unconstitutional. The clause mandated a pre-deposit of 10% of the amount claimed in the arbitration proceeding. The Court found this clause to be arbitrary and resulting in…