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Annulment, Arbitral seat, Due process, Party Representation, Powers of the tribunal, Public Policy, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award, VIAC, Vietnam

Vietnamese Court Sets Aside Arbitral Award for Failure to Legalize POA: An Abuse of Due Process Requirements

Tony Nguyen, Manh Pham (EPLegal)/July 26, 2023January 3, 2024 /Leave a comment

Vietnam International Arbitration Centre (VIAC Vietnam)

…international arbitration. None of the popular arbitration seats (e.g., New York, England & Wales, Hong Kong, and Singapore) impose any legalization requirements on documents to be used in arbitration (which…

ECT Withdrawal, Energy Charter Treaty, EU Law, Intra-EU ISDS

The End Is Near: The European Commission’s Proposed Coordinated Withdrawal from the ECT

Nicholas Lawn, Isabel San Martín (LALIVE)/July 24, 2023July 23, 2023 /Leave a comment

…the interpretation of the treaty or the application of its provisions” in accordance with Article 31(3)(a) of the Vienna Convention on the Law of Treaties (VCLT), by the EU and…

Central Asia, Investment agreements, Investment Arbitration, Investment law, Uzbekistan

Tashkent Law Spring Forum: All Roads Lead to Uzbekistan

Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School), Diora Ziyaeva (Dentons US LLP), and Khurliman Aytniyazova/July 20, 2023July 20, 2023 /Leave a comment

…and Singapore. The importance of the participation of these dignitaries in a legal conference in Uzbekistan cannot be overstated. Uzbekistan remains a relatively young country, with recent efforts to integrate…

Luxembourg, Reform

Luxembourg Modernizes its Arbitration Law

Daniela Antona (Brucher Thieltgen & Partners)/July 19, 2023July 17, 2023 /Leave a comment

…slowed down both by the inadequacy of the old provisions and by Luxembourg’s late ratification, compared to other European countries, of the 1958 New York Convention on the Recognition and…

Arbitration, eSports, Mediation, Video Games, WIPO ADR

Resolution of Video Games and eSports Disputes through WIPO ADR: A Game Changer

Alexia Gkoritsa (Assistant Editor for Technology), Oscar Suárez, Leandro Toscano (WIPO Arbitration and Mediation Center)/July 18, 2023July 14, 2023 /Leave a comment

…(see the New York Convention and the Singapore Convention on Mediation). Given the international nature of the video gaming and eSports sectors, which we have emphasized throughout this article, this…

ESG, France, Israel, Tel-Aviv Arbitration Week

Tel-Aviv Arbitration Week: ESG Arbitration, Tech and Construction, and Arbitrating in France

Myriam Feinberg, Yuval Sheer, Jasmine Goldofsky, Nathan Rothstein (Gornitzky & Co)/July 16, 2023July 16, 2023 /Leave a comment

…Foundation v. State of the Netherlands which held that the Dutch Government had a duty of care under the European Convention on Human Rights which required it to reduce emissions,…

Israel, M&A, Technology, Tel-Aviv Arbitration Week

Tel-Aviv Arbitration Week: Undefined, Borderless and Inevitable – Tech Disputes, Post-M&A Disputes and the Future of Arbitration

Or Nir, Jasmine Goldofsky (Gornitzky & Co)/July 15, 2023July 4, 2023 /Leave a comment

…New York Convention. Confidentiality The panelists agreed that confidentiality is extremely important in tech disputes, for those reasons cited by Inbal Aviad above. Claire Morel De Westgaver explained that she…

Israel, Tel-Aviv Arbitration Week, UNCITRAL

Tel Aviv Arbitration Week: UNCITRAL and Israel – Past Accomplishments and Future Partnerships and Opportunities

Myriam Feinberg (Gornitzky & Co)/July 14, 2023July 11, 2023 /Leave a comment

…is not a member of the UN Convention on Transparency in Treaty-based Investor-State Arbitration (the Mauritius Convention on Transparency), it contributed to the drafting of that document. Additionally, Israel’s joint…

Ethics, Israel, Tel-Aviv Arbitration Week

Tel-Aviv Arbitration Week: Ethics – The Hidden Principle for International Arbitration Success and Development

Nathan Rothstein, Jasmine Goldofsky (Gornitzky & Co)/July 14, 2023July 11, 2023 /Leave a comment

…in other countries this is not the case. Ms. Raneda, licensed in Singapore, offered that it is important to understand what rules apply to you when you work in different…

ADR, Arbitrability, Insolvency

Arbitration for Insolvency: Streamlining the Scope of Arbitrability

Reza Shahrokhi (De Brauw Blackstone Westbroek) and Akshay Gandotra (Chambers of Mr. Ratan K. Singh, SA)/July 13, 2023July 10, 2023 /Leave a comment

…resolve cross-border disputes related to insolvent debtors. Moreover, States like Brazil, Chile, Peru and Singapore, among others, have introduced statutory provisions, legislations and draft legislative proposals supporting arbitration as means…

International Legal Theory and Teaching, Japan, Teaching International Investment Arbitration Series, WTO

Global Perspectives on Teaching International Investment Arbitration: Effective Use of Comparative Analysis of Investment Treaty Arbitration and WTO Dispute Settlement

Yuka Fukunaga (Waseda University)/July 12, 2023July 8, 2023 /Leave a comment

…for Settlement of Investment Disputes (ICSID) Convention and Additional Facility Rules since 1966, only three appointments of ad hoc committee members (and no appointments of arbitrators or conciliators) have been…

Arbitration Agreements, English Law, French Law, Governing Law, Singapore, Vietnam

2023 Vietnam ADR Week Recap: Governing Law of The Arbitration Agreement – A Comparative Law Perspective

Thang Pham (YKVN)/July 9, 2023July 7, 2023 /Leave a comment

…(Three Crowns, Singapore), Jennifer Lim (Sidley Austin, Singapore), Jonathan Lim (WilmerHale, London), Thomas Parigot (Gaillard Banifatemi Shelbaya Disputes, Paris) and Mahesh Rai (Drew & Napier, Singapore). The panel was moderated…

Arbitration Agreements, English Law, French Law, Separability, Singapore, Vietnam

2023 Vietnam ADR Week Recap: Comparison of the Interplay of the Separability Doctrine and Questions Relating to Formation and Validity of Arbitration Agreements across Various Jurisdictions

Nguyen Do (YKVN)/July 8, 2023July 6, 2023 /Leave a comment

…included Daryl Chew (Three Crowns, Singapore), Jennifer Lim (Sidley Austin, Singapore), Jonathan Lim (Wilmer Hale, London), Thomas Parigot (Gaillard Banifatemi Shelbaya Disputes, Paris), and Mahesh Rai (Drew & Napier, Singapore)….

Arbitration, Arbitration Institutions and Rules, Asia, Asia-Pacific, Institutional Arbitration, Institutional Rules, Intellectual Property, Intellectual Property Rights, International arbitration, KCAB, Korea, South Korea

IP Arbitration: Making Headway in South Korea

Sangyub (Sean) Lee, Sunwoo Sohn (Korean Commercial Arbitration Board (KCAB))/July 4, 2023January 3, 2024 /Leave a comment

KCAB International

…of enforcement of its outcome under the New York Convention. Conclusion As mentioned above, international arbitration is expanding as a popular means of dispute resolution for IP-related disputes, and…

Central Asia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan

Eve of Tashkent Law Spring Forum: Arbitration Developments in Uzbekistan and Other Central Asian States

Cody Anthony (Dentons US), Kiran Nasir Gore (Associate Editor) (Law Offices of Kiran N Gore PLLC; The George Washington University Law School), and Diora Ziyaeva (Dentons US LLP)/July 2, 2023July 1, 2023 /Leave a comment

…to resolve international disputes in Uzbek state court in accordance with international standards. The working group is evaluating the experiences of Singapore, Germany, and the Netherlands, each of which has…

Canada, Climate change, Energy Dispute, ICCA, VanIAC

From Vancouver with Love: Insights on the “Arbitration of Energy and Climate Change Disputes” from the Joint Young ICCA and YCAP Event

Dina Prokic (Senior Assistant Editor) (Woods LLP)/June 29, 2023June 26, 2023 /Leave a comment

…of climate change and climate change policy, the United Nations Framework Convention on Climate Change (“UNFCCC”) and the Paris Agreement.” At the outset of the session, Jessica Crow and Kirsten…

Careers in Arbitration, Pakistan, Pakistan International Disputes Weekend (PIDW)

Pakistan International Disputes Weekend (PIDW) 2023: Commencement of a Happy Marriage between Reform and Disputes in Pakistan? (Part II)

Fatima A. Malik/June 28, 2023July 5, 2023 /Leave a comment

…accension of the New York Convention (NYC) and ICSID Convention, Pakistan was slow to implement the NYC and ICSID Convention into its domestic law, and only did so in 2011….

CPEC, Pakistan, Pakistan International Disputes Weekend (PIDW)

Pakistan International Disputes Weekend (PIDW) 2023: Commencement of a Happy Marriage between Reform and Disputes in Pakistan? (Part I)

Fatima A. Malik/June 27, 2023July 5, 2023 /Leave a comment

…The second panel titled “Should Pakistan be a signatory to the Singapore Mediation Convention?” moderated by Noor Siddiqi dissected the utility and purpose of the Singapore Mediation Convention (Convention). Whilst…

Empirical Research, International arbitration, Queen Mary- White & Case Survey, Singapore International Dispute Resolution Academy, Surveys

Empirical Research in International Arbitration: A Perspective from Singapore Drawing from the Discussion at the 2023 ASIL Annual Meeting

Mariam Gotsiridze (Singapore International Dispute Resolution Academy)/June 26, 2023June 22, 2023 /Leave a comment

…latest International Dispute Resolution Survey of the Singapore International Dispute Resolution Academy (SIDRA) which was conducted in 2022 (hereafter referred to as the 2022 SIDRA Survey). This post presents some…

Legislation, Nigeria

Nigeria’s New Arbitration Act: What You Need to Know

Laura Alakija/June 25, 2023June 24, 2023 /Leave a comment

…contains the domestication of the Convention on the Recognition and Enforcement of Arbitral Awards (the New York Convention) in Nigeria, and the Third contains the Arbitration Proceedings Rules. Legitimation of…

Arbitration, Court Proceedings, Submissions

Pleading Points in International Arbitration: Substance Over Form?

James Allsop, Chad Catterwell, Guillermo García-Perrote, Mariia Artemenko (Herbert Smith Freehills LLP)/June 23, 2023June 21, 2023 /2 Comments

…[2023] SGHC 1 CTC the Singapore International Commercial Court observed that in memorial style arbitrations “any reference to ‘pleadings’ is no more than a convenient analogy, when lawyers from common…

ITA Arbitration Report

KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 5 (May 2022)

Roger Alford (General Editor) (Notre Dame Law School), Crina Baltag (Managing Editor) (Stockholm University), and Monique Sasson/June 18, 2023June 17, 2023 /Leave a comment

…grounds for vacatur of an arbitral award governed by the New York Convention are limited to those set out in Article V of the Convention. A three-judge bench in the…

Achmea, EU Law, German Federal Supreme Court, ICSID

Will Achmea Trump ICSID in Germany? Bundesgerichtshof Likely to Grant “Anti-Arbitration” Declarations

Alexander M. Wagner (Bucerius Law School and Latham & Watkins LLP)/June 10, 2023June 6, 2023 /3 Comments

…states to walk a tight rope, trying to comply with conflicting norms of EU law and treaties such as the ICSID Convention. Encouraged by the European Commission, some states reacted…

Interviews with Our Editors, ISTAW, Turkey

Interviews with our Editors: In Conversation with Mr. Süleyman Boşça, Chairman of the Energy Disputes Arbitration Center (EDAC)

Antoine Cottin (Assistant Editor for Europe) (Laborde Law)/June 5, 2023June 1, 2023 /Leave a comment

…on August 13, 1999. Further, Türkiye is a party to all of the key international arbitration conventions, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral…

Kluwer Arbitration Blog

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