Due process, German Federal Constitutional Court, Germany, SchiedsVZ

(University of Konstanz)/ /Leave a comment

The analysis of the decision of the Federal Constitutional Court (Bundesverfassungsgericht – the “Court”) dated 3 June 2022 (1 BvR 2103/16) in the Pechstein case (the “Pechstein Decision”, also covered in a previous post) shows constitutional limits to arbitration agreements that are externally determined, i.e., agreements whose content can be de facto determined unilaterally by…

California International Arbitration Week, Technology

(Devlin Law Firm) and (Quandary Peak Research)/ /Leave a comment
Young California Arbitration (Young CalArb)

On March 14, 2024, the 3rd California International Arbitration Week featured an event titled ‘Resolving Tomorrow’s Conflicts Today: An In-House Perspective on Technology Disputes from the Tech Mecca,’ organized by California Arbitration and the California Lawyers Association and hosted at JAMS. The session, moderated by Hon. James Ware (Arbitrator/Mediator, JAMS), included speakers such as Barbara…

Artificial Intelligence, California International Arbitration Week

(California Arbitration Membership Committee) and / /Leave a comment
Young California Arbitration (Young CalArb)

On March 14, 2024, as part of the 3rd Annual California International Arbitration Week, the Silicon Valley Arbitration and Mediation Center (SVAMC) sponsored a roundtable discussion about the recently proposed SVAMC Guidelines on the Use of AI in Arbitration and the SVAMC AI Task Force’s efforts to build consensus and engagement among the global ADR…

Artificial Intelligence, ICCA, ICCA Hong Kong 2024, Innovation

(CMS Hasche Sigle, Hong Kong LLP) and (The University of Hong Kong)/ /Leave a comment

This is the fourth post in ICCA’s series of reports on the ICCA 2024 Congress (“Congress”). It reports on the last day of the Congress on Wednesday, 8 May 2024, which looked at the present and into the future to determine how new technologies may shape the human experience in international arbitration.   International Arbitration:…

Brazil, Latin America

(Souto, Correa, Cesa, Lummertz & Amaral Advogados)/ /Leave a comment

Previous posts have addressed advocacy techniques in arbitration (for example, see here, here, here, here, and here). This is not an attempt to summarize them, but rather to present the topic in a different light. As psychologists have long discovered, information that provides imagery and vividness has a greater impact on inferences and memory retention….

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

, (CMS Hasche Sigle, Hong Kong LLP), (The University of Hong Kong), (Tanner De Witt), and / /Leave a comment

This is the third post in ICCA’s series of reports on the ICCA 2024 Congress (“Congress”), which took place in Hong Kong. This post reports on the events of Tuesday, 7 May 2024, the second full day of the Congress. As noted in the coverage of Day 1 of the Congress, the theme of this…

Arbitrator's decision-making, Arbitrators, Bias, Culture, ICCA, ICCA Hong Kong 2024, New York Convention, sociology of international arbitration

, (CMS Hasche Sigle, Hong Kong LLP), (Tanner De Witt), (The University of Hong Kong), and / /Leave a comment

This is the second post in ICCA’s series of reports on the ICCA 2024 Congress (“Congress”), which took place in Hong Kong. This post reports on the events of Monday, 6 May 2024, the first full day of the Congress. As informed by ICCA President, Dr Stanimir Alexandrov, in the opening post to this series,…

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

(Queen Mary University of London) and , (MDisputes)/ /Leave a comment

The short answer to the title of this post is that while a few institutions have already begun to employ artificial intelligence (“AI”), most are in a wait-and-see-and-explore mode as they consider whether and how to make use of it. Most of the current institutional interest in AI is in areas that law and technology…

Appointment of arbitrators, Conflicts of interest, Disclosure, IBA, IBA Guidelines on Conflicts of Interest

, (Cleary Gottlieb Steen & Hamilton LLP)/ /Leave a comment

In February 2024, the Arbitration Committee of the International Bar Association (“IBA”) released a revised version of the IBA Guidelines on Conflicts of Interest in International Arbitration (the “2024 IBA Guidelines” or the “Revised Guidelines”). First published in 2004 (the “2004 IBA Guidelines”) and then revised in 2014 (the “2014 IBA Guidelines”) (collectively, the “IBA…

Articles of State Responsibility, Artificial Intelligence, Delhi Arbitration Week, Enforcement, Immunity, India, Technology

(DSK Legal), , (Skywards Law), and (AZB and Partners)/ /Leave a comment

The Delhi Arbitration Week (“DAW”) 2024 that took place from 6 to 10 March 2024 featured two panel discussions that focused on emerging issues such as state owned entities (“SOEs”) and the role of technology in arbitration. The panel discussions came into play at a time when there have been significant developments and challenges globally…

Delhi Arbitration Week, India

(DSK Legal), (AZB and Partners), and (Skywards Law)/ /Leave a comment

The Delhi Arbitration Weekend (“DAW”) 2024 that took place from 6 to 10 March 2024 witnessed two back-to-back panels on Investor-State Dispute Settlement (“ISDS”). These sessions deliberated on the past, present and future of ISDS from an Indian and global perspective. This post captures the discussions from the two ISDS panels at the DAW titled,…

Delhi Arbitration Week, India

, , (Skywards Law)/ /Leave a comment

The Delhi Arbitration Weekend (“DAW”) returned for its second edition from 6 to 10 March 2024. For the first time, the event received the patronage of the Supreme Court of India, with Chief Justice D.Y. Chandrachud, serving as one of the keynote speakers and the Patron-in-Chief for the DAW. Other keynote speakers included Justice Judith…

ICCA, ICCA Hong Kong 2024

(International Council for Commercial Arbitration)/ /Leave a comment

ICCA is delighted to open its 26th biennial Congress in Hong Kong today. The Congress, taking place from 5 to 8 May 2024, consists of today’s opening ceremony, followed by three full days of engaging sessions for participants and speakers. For over 60 years, ICCA has been bringing the international arbitration community together to discuss…

Kluwer Arbitration Blog

(Stockholm University)/ /Leave a comment

The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for South Asia. Experience and knowledge in international arbitration in, and related to, India is required, and broader expertise in international arbitration is a plus. The Assistant Editor reports directly to the coordinating Associate Editor and…

DIS, Germany, SchiedsVZ, Third Party, Third-party notice

(Borris Hennecke Kneisel), (Gleiss Lutz), (Hengeler Mueller), and (University of Marburg)/ /Leave a comment

Since March 15, 2024, the German Arbitration Institute (DIS) offers a one-of-its kind solution to make third-party notices work also in arbitration: The Supplementary Rules for Third-Party Notices (DIS-TPNR). The DIS-TPNR are the work product of a DIS working group which was established in 2021. The authors of this post have had a leading role…

Climate change, Investment Arbitration, Investor-State arbitration

(Climate Change Counsel)/ /Leave a comment

On 24 April 2024, the European Parliament voted for the EU to withdraw from the Energy Charter Treaty (“ECT”). Three days earlier, Ecuador had voted to keep the country’s constitutional ban on investor-state arbitration. These events mark the last chapters in the increasingly turbulent tale of investment treaties and investor-state arbitration. Over the past few…

Arbitration Agreement, Australia, Hague-Visby Rules, London Maritime Arbitrators' Association, Maritime Arbitration, Referral to Arbitration, Stay of Proceedings

(Allens) and / /Leave a comment

In Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4 (“Carmichael v BBC”), the High Court of Australia (“High Court”) upheld a stay of proceedings in the Federal Court of Australia (“Federal Court”) in favour of a London Maritime Arbitrators Association (“LMAA”) arbitration seated in London. This unanimous…

ITA Arbitration Report

(Notre Dame Law School), (Stockholm University), and / /Leave a comment

The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your free subscription to the ITA…

Kluwer Arbitration Blog

(Stockholm University)/ /Leave a comment

The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for East and Central Asia. Experience and knowledge in international arbitration in, and related to, Korea is required, and broader expertise in the regions is a plus. The Assistant Editor reports directly to the coordinating Associate…

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

, , (Vinge)/ /Leave a comment

In a recent judgment dated 14 March 2024, European Commission v UK Case C-516/22, the Court of Justice of the European Union (“CJEU”) ruled that the UK failed to comply with its obligations under EU law (the “CJEU Judgment”). A casual reader may wonder how this could be. After all, the UK officially left the…

Environment, Environmental protection, European Convention on Human Rights, European Court of Human Rights, International Arbitration Procedures, International dispute resolution, International Investment Arbitration, International Investment Law, International Law, Switzerland

, (Shearman & Sterling)/ /Leave a comment

On April 9, 2024, the European Court of Human Rights (“Court” or “ECtHR”) delivered its highly anticipated ruling in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (“KlimaSeniorinnen”), holding that Switzerland had breached the European Convention on Human Rights (“Convention” or “ECHR”) by taking inadequate action on climate change. Two other climate-related cases that were decided the…

Arbitrability, Bahamas, Caribbean, Latin America, Trust

(Linklaters)/ /1 Comment

On 28 December 2023, the Supreme Court of the Commonwealth of the Bahamas (the “Court”) delivered a consolidated judgment in Gabriele Volpi v. Delanson Services Limited & 2 others and Delanson Services Limited v. Matteo Volpi and 2 others (“Judgment”), resolving a longstanding trust dispute between Italian-Nigerian billionaire, Gabriele Volpi (“Gabriele”) and his son, Matteo…

India, Set aside an arbitral award

, (AZB & Partners)/ /Leave a comment

2023 saw India take focused steps to strengthen and fortify its stand as a champion of arbitration, promoting a hands-off judicial approach in favor of arbitral autonomy. The year started with the Indian Supreme Court’s first step in NTPC Limited vs SPML Infra Limited, where the Supreme Court categorically held that a tribunal is the…

Admissibility, Competence-Competence, Fiji, Jurisdiction, Multi-tiered clauses, Pre-arbitral procedure, Repudiation

(Munro Leys)/ /Leave a comment

This article discusses the approach taken by the High Court of Fiji (“Court”) on the oft written about topic of whether failure to adhere to a multi-tiered dispute resolution clause is an issue of jurisdiction or admissibility. As previously reported, last year, in Housing Authority v Top Symphony [2023] FJHC 301 (“Top Symphony”), the Court…