Azerbaijan, Domestic arbitration, Enforcement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law

(ICC)/ /1 Comment

I address the regulation and practice of arbitration in Azerbaijan, a topic which has not been discussed widely on an international level. While there is a significant uniformity in international arbitration legislations around the world due to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (hereinafter the “New York Convention”) and…

China, HKIAC, Interim measures

, , , , (Fangda Partners)/ /Leave a comment

In a significant development for the region, Mainland China and Hong Kong have announced a bilateral arrangement by which the Chinese courts will now recognise and enforce interim measures in support of institutional arbitration seated in Hong Kong (the “Arrangement”).1) Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the…

Arbitrators, English Arbitration Act, English courts, Set aside an arbitral award

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In RJ v HB [2018] EWHC 2833 (Comm) (‘RJ’), Andrew Baker J (‘Baker J’) found that the facts disclosed a serious irregularity under s68 of the English Arbitration Act 1996 (‘the Act’).1)The author wishes to thank Ms Rachel Foxton, Mr Harry Francis Millerchip, and Ms Jenna Hare. The views in this article should not be…

Arbitrators, Diversity

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While the gender imbalance in arbitrator appointments is widely known,1) L. Greenwood, Getting a Better Balance on International Arbitration Tribunals, Arbitration International, Issue 4 (2012). the causes are still debated. Before our exhaustive study, however, no one had seriously examined gender taxonomy as a possible cause of variations in the selection of male and female…

Arbitration, BIT, Cybersecurity, Energy

(Vinson & Elkins LLP)/ /Leave a comment
Young ITA

The 6th Annual Joint Conference on International Energy Arbitration, co-hosted by the Institute for Transnational Arbitration (ITA), the Institute for Energy Law (IEL), and the International Court of Arbitration of the International Chamber of Commerce (ICC), took place on January 24-25, 2019, in Houston, Texas. Under the guidance of conference co-chairs Andrew T. Clarke (ExxonMobil…

ADR, Arbitration institution, Arbitration Institutions and Rules, International Institute for Conflict Prevention and Resolution (CPR), Interview, Interviews with Our Editors, United States

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

Mr. André, welcome to the Kluwer Arbitration Blog. We were pleased to have Mr. Hanft join us recently and are thrilled to have the opportunity to also share your perspective with our readers.  To start, can you briefly introduce yourself and explain your role at CPR? Thank you very much for the invitation Kiran.  At…

Hong Kong, Investment Arbitration, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS, ISDS Reform

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

The year of the pig was off to a good start in Hong Kong at the Investor-State Dispute Settlement (ISDS) Reform Conference organised by the Hong Kong Department of Justice and the Asian Academy of International Law on 13 February 2019. Like the fabled pig, ISDS reform has been slow in coming, and the aim…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Cost allocation mechanisms, Costs, Costs in arbitral proceedings, Evidence, Vis Moot, Willem C. Vis Moot

(University of Aberdeen)/ /Leave a comment

The admissibility of illegal evidence in international commercial arbitration is for sure, at the moment, a widely discussed topic among law students and arbitration lawyers thanks to this year’s problem at the Willem C Vis International Commercial Arbitration Moot competition (“Vis Moot Problem”). The Kluwer Arbitration Blog (“KAB”) covered the topic extensively as well in…

Art and Arbitration, CAfA, WIPO

(Crefovi)/ /Leave a comment

Having practising in the art law field since 2012, I have drawn the following observations from this experience: litigation is not the most time-efficient and cost-efficient approach to adequately resolving disputes in the art sector; the absence of secrecy in court proceedings is a major issue for the buy side of the art market, i.e….

ISDS, Mediation, Pre-arbitration Dispute Settlement Procedures, Settlement

(JAMS; Weinstein International Foundation) and (Office of the Ombudsman for United Nations Funds and Programmes )/ /1 Comment
Three Crowns LLP

For many years, arbitration has been the de facto vehicle of choice for the resolution of investor-state disputes. However, despite the wholesale and widespread adoption of mediation in every sort of dispute, mediation is used rarely in investor-state disputes (Systra v. Philippines is one example). As of this writing, only 11 (1.3% of total ICSID…

Arbitration, arbitrator-party relationship, Arbitrators, arbitrators’ conduct, Lex Arbitri, Liability, Switzerland

(Ellex Valiunas )/ /Leave a comment
Young ICCA

Without any doubt, international commercial arbitration found its place in the system of international dispute settlement. Many natural and legal persons choose to solve their disputes via the means of arbitration and in most of the cases arbitration is international in many aspects: Parties are from different countries, arbitrators are of different nationalities, sitting in…

Journal of International Arbitration

(WilmerHale & Queen Mary University of London)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Dina D. Prokić, SIAC Proposal on Cross-Institution Consolidation Protocol: Can It Be Transplanted into Investment Arbitration? Investment arbitration has been increasingly criticized as being, among other things, slow, cumbersome and unpredictable, in light of…

Investment, Investment protection, Investor, ISDS, ISDS Reform

(Luther Rechtsanwaltsgesellschaft)/ /Leave a comment

Introduction In their Fourth Turning Theory, Howe and Strauss put forward the thesis that every cycle in Anglo-American history had concluded with a great crisis, a fourth turning, from which a new order with a new set of beliefs had emerged. According to their predictions, a new crisis should have started sometime around 2005 and…

Construction, Construction arbitration, Russia

(Karimullin Law Firm)/ /Leave a comment

Unlike some Western arbitration institutions which enacted institutional arbitration rules dedicated to construction disputes, such as the 2015 American Arbitration Association (AAA) Construction Industry Arbitration Rules, to date, the leading Russian arbitration providers have not developed any specific rules for construction-related disputes. However, such disputes hold rather high positions in the caseload, with a peak…

Arbitration, Arbitrators, Belgium, UNCITRAL Model Law

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Background The Dutch-speaking division of the Brussels Enterprise Court has been understaffed in recent years. On 5 February 2019, the Court’s president issued a press release (here) revealing rather troublesome news that, imminently, the Court will comprise only six full time judges and hearings will be delayed by some two years. The Brussels Enterprise Court is…

Arbitration, Arbitration Awards, Nigeria, Third party funding

(The University of Adelaide)/ /Leave a comment

Matters Arising on Proposed Changes to Arbitration Law in Nigeria In February 2018, the Senate of the Federal Republic of Nigeria passed the much-anticipated Arbitration and Conciliation Act (Repeal and Re-Enactment) Bill 2017 (‘Bill’). Since then, the Bill has been pending before the House of Representatives (HoR) of the Federal Republic of Nigeria, the second…

BAC, China, CIETAC, CIETAC Investment Arbitration Rules, ICSID Arbitration, ICSID Convention, Investment Arbitration, SIAC Investment Arbitration Rules, UNCITRAL Arbitration Rules, UNCITRAL Transparency Rules

(Erasmus University Rotterdam)/ /Leave a comment

Overview On 11 February 2019, Beijing Arbitration Commission/Beijing International Arbitration Center (‘BAC/BIAC’) launched its draft of ‘Beijing Arbitration Commission/Beijing International Arbitration Center International Investment Arbitration Rules’ (the ‘BAC Rules’) for public comments, comprised of its main text and six appendixes. The BAC Rules are the second investment arbitration rules promulgated by a Chinese international arbitration…

Arbitral seat, Arbitration clause, Conflict of Laws, Vis Moot, Willem C. Vis Moot

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

Introduction Each spring, the global international arbitration community arrives in Vienna for the Willem C. Vis International Commercial Arbitration Moot and in Hong Kong for its younger counterpart, the Vis Moot East.  Students, after many months of research, drafting, and practice, are eager to present the fruits of their hard work through oral advocacy.  Practitioners,…

ADR, Arbitration institution, Arbitration Institutions and Rules, International Institute for Conflict Prevention and Resolution (CPR), Interview, Interviews with Our Editors, United States

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

Mr. Hanft, welcome to the Kluwer Arbitration Blog!  I appreciate the opportunity to share your perspective with our readers at an exciting moment, where conversations about politics, diversity, and technology are intersecting and transforming the way globalized corporations and their lawyers conceive of and approach dispute resolution.   Before we delve in, can you briefly introduce…

Remit of an Arbitral Award, Set aside an arbitral award, Singapore

(Gujarat National Law University)/ /Leave a comment
Young ICCA

Much ink has been spilt on the legal consequences of remitting an award back to an arbitral tribunal vis-à-vis setting it aside. The Singapore Court of Appeal in the seminal decision of AKN v. ALC [2015] SGCA 63 has settled that remission is not possible after an award has been set aside. Rather, remission is…

Crimea, Investment, Investment protection, Investor, Russia, Switzerland, Territory, Ukraine

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Young ICCA

Since the annexation of Crimea by the Russian Federation in 2014, a substantial number of investment claims, in particular expropriation claims, have been raised by Ukrainian nationals against the Russian Federation in relation to investments made in Crimea prior to the annexation. In this regard, a fundamental legal issue concerns the applicability of the Agreement…

Anti-ISDS Propaganda, Arbitration Institutions and Rules, Commercial Arbitration, Costa Rica, Document Production, ICC, ICC Arbitration, Latin America, Prague Rules

(DLA Piper)/ /Leave a comment

The X CAI Costa Rica held by the Costa Rican Chapter of the ICC and its Arbitration Commission, took place in San Jose, Costa Rica between February 24 and 27, 2019. Ten years have led to its consolidation as one of the most important ICC events in the region. This year’s intensive program included several…

Enforcement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Ukraine

(Avellum)/ /Leave a comment

Investment arbitrations with respect to Ukrainian assets in Crimea have been in the spotlight of the international arbitration community for some time now1)E.g., see here . After the Claimants in Everest Estate LLC et al. v. the Russian Federation (“Everest”) obtained the merits award in their favour in May 20182)See this post by Mykhaylo Soldatenko., the…

Energy, Energy Charter Treaty, Italy, Oil & Gas

(Bottega Di Bella) and (Galvez Pascual SLP)/ /1 Comment

The Italian Republic – for better or for worse – is cracking down on hydrocarbon explorations and extractions. Kicking off with the regulatory changes recently brought about by the Italian Government, this post gauges their possible consequences for the stakeholders by going through a pending arbitration which may be ripe enough to become a benchmark…