Dual Nationals, International Investment Arbitration, International Law, Jurisdiction of the arbitral tribunal, Venezuela

(GST LLP)/ /Leave a comment

In a previous post, which discussed the Ballantines award, the author concluded that doors for dual nationals’ claims are being closed, including for non-ICSID cases where the relevant treaty does not have a provision dealing with the issue. The recent Heemsen v. Venezuela jurisdictional award confirms this approach. Unanimously, a PCA tribunal declined jurisdiction over…

Law governing the arbitration agreement, Shanghai, Singapore

(Drew & Napier LLC)/ /1 Comment
YSIAC

In BNA v BNB and another [2019] SGCA 84 (“BNA”), the Singapore Court of Appeal overturned the High Court’s ruling and provided authoritative guidance on the applicable principles in determining the proper law of an arbitration agreement. I discussed the High Court’s decision and the factual background in an earlier post. This post unpacks the…

International Court of Justice, ISDS, Precedent

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Young ICCA

ISDS is a fragmented field, consisting of a few thousand bilateral investment treaties (“BITs”) and treaties with investment chapters – such as the Energy Charter Treaty (“ECT”) or the North American Free Trade Agreement (“NAFTA”). These instruments that regulate foreign investment are often similar but are not the same. Yet, even where different bilateral relationships…

Brazilian Arbitration Journal

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

In October 2019, Brazilian legal community lost two of its most prominent authorities in private international law: Professors Jacob Dolinger and Luiz Olavo Baptista. Besides having built the basis of modern Brazilian private international law, Professors Dolinger and Baptista were essential in the development of Brazilian arbitration. In this edition, Brazilian Journal honors these unique…

2019 In Review, Chile, Colombia, Constitutional Court, Damages, Dominican Republic, Dual Nationals, Ecuador, Free Trade Agreements, Investment Arbitration, Latin America, Mexico, USMCA

(Locke Lord LLP)/ /Leave a comment

Introduction In 2019, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. While some of them were in line with expectations, some jurisdictions did deviate from their usual or expected approach to ISDS and surprised us in positive, but also in negative ways. Our authors did a tremendous…

Africa, BIT, Emerging Market Economies, ISDS, South-South Cooperation

(University of Arkansas School of Law)/ /Leave a comment

Introduction   In a 2015 publication Investment Policies and Bilateral Investment Treaties in Africa: Implications for Regional Integration, the United Nations Economic Commission for Africa opined that for countries in Africa: “[o]pportunities for signing BITs with non-African partners have largely been exhausted because new southern partners such as China and India prefer other modalities for…

Arbitration, Arbitration Quiz, Domestic arbitration, New Year Arbitration Quiz

(MDisputes)/ /Leave a comment

Nkiru Agbu is the winner of the 2020 Kluwer Arbitration Quiz. Nkiru spent New Year’s Day researching the Quiz in order to be the first to submit the correct answers. Now that’s passion for international arbitration! Nkiru won a very special prize for her correct answers for which she will be contacted. In addition to…

CIICA, Conference, Corruption, CPEC, Pakistan, Power disputes

(Shearman & Sterling LLP)/ /1 Comment

On 15 and 16 November 2019, the Centre for International Investment and Commercial Arbitration (CIICA), organised a conference in Islamabad, Pakistan celebrating the inauguration of its Young Arbitration Group (YAG). The conference, titled “International Arbitration in Pakistan: Opportunities for the Next Generation” was, in many respects, a first-of-its-kind in Pakistan. CIICA, based in Lahore, is…

Energy, Investment, Mexico, Protection, Reform

(CMS)/ /Leave a comment

In 2013 Mexico embarked on a major energy reform by amending its Constitution, thereby allowing the participation of private investors in the exploration and extraction of oil & gas and the generation of electricity, particularly from clean and low-cost energy sources. Subsequently, Certificates of Clean Energy (“CELs“) were introduced on 31 October 2014 to promote…

Infrastructure, Investment Arbitration, Italy

(Bottega Di Bella) and (Galvez Pascual SLP)/ /2 Comments

It is our tentative prediction that a recent ruling from the Regional Administrative Court of Tuscany (TAR), which blocked the project to expand Florence Airport’s runaway – and hence, its passenger flow and corollary revenue – may “prepare the ground” for an investment arbitration dispute between Argentinian and Emirati investors and Italy.   Background In…

Asian International Arbitration Journal

(The Arbitration Chambers) and (Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

The contents of this issue of the journal is now available and includes the following contributions:   Nobumichi Teramura, The Strengths and Weaknesses of Arguments Pertaining to Ex Aequo et Bono Ex aequo et bono is a means of resolving disputes in light of fairness and good conscience. The principle has been known to jurists…

2019 In Review, Abu Dhabi, DIFC, DIFC conduit jurisdiction, Dubai

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

With 2019 concluded and a new decade on the horizon, it is worth reflecting on salient arbitration-related developments in the United Arab Emirates. As a jurisdiction, the UAE is not only a geographically-strategic venue for arbitration, but also a legally strategic one. As Dr. Gordon Blanke explained in his recent post, the UAE offers opportunities…

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, De la musique avant toute chose, et pour cela préfère l’impair In his last message as ASA President, Elliott GEISINGER exhorts us to prefer the “uneven” in arbitration,…

2019 In Review, Achmea, European Union, ICSID, Micula

(Colibra Insurance)/ /Leave a comment

After the quite tumultuous 2018, which saw the seminal Achmea judgment of the Court of Justice of the European Union and the subsequent awards on jurisdiction by a number of investment treaty arbitration tribunals, 2019 comes as a sequence and furtherance to developments that were in process in the course of the previous year. The…

Arbitration Agreement, Arbitration Agreements, IBA Guidelines on Conflicts of Interest, Party appointed arbitrator, selection of arbitrators, UNCITRAL Model Law

(ANR LAW LLP)/ /Leave a comment

An asymmetrical arbitration clause is one where only one party can choose the method of resolving disputes between the parties. A slightly varied form of such a clause is usually contained in statutory arbitrations, which involve lop-sided arbitration clauses where only one party has the right to appoint the arbitrator. At first brush, these clauses…

Achmea, Energy, Energy Charter Treaty, EU Law, European Union, ISDS

(University of Passau) and (Freshfields Bruckhaus Deringer LLP)/ /Leave a comment

The recently leaked treaty for the termination of intra-EU BITs can be seen as the culmination of an ongoing effort by the European Commission to discourage investment arbitration between Member States, reflecting, in the eyes of many, a tension between public international law and EU law. In spite of this, and even after the Court…

Efficiency, Estoppel, Investment Arbitration, Jurisdiction, VCLT

(Flor & Hurtado)/ /Leave a comment

In the recently rendered Oded Besserglik v Mozambique award (“Award”), after 5 years of proceedings and millions in costs and expenses, a tribunal accepted a Motion to Dismiss and declined jurisdiction over the dispute for the relevant treaty never entered into force. Despite the fact that Mozambique prevailed on its motion, this case raises several…

Arbitration Institutions and Rules, Institutional Arbitration, Iran

(Arbitration Center of Iran Chamber of Commerce) and / /Leave a comment

 Introduction The Arbitration Center of Iran Chamber of Commerce (hereafter “ACIC”) was established in 2002, following approval by the parliament of Iran as an affiliate to the Iran Chamber of Commerce. However, it has a distinctive and independent legal character. The ACIC is the first institution to incorporate institutional arbitration into the legal system of…

Arbitration, Arbitration institution, Arbitration Institutions and Rules, Dispute Settlement, Energy, Energy Charter Treaty, International Arbitration Procedures, International Mediation, Interview, Interviews with Our Editors, Investment Arbitration, ISDS Reform, Multilateral Investment Court

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Alejandro, thank you for joining us on the Kluwer Arbitration Blog! We are delighted to have the opportunity to interview you at a time when the Energy Charter Treaty (ECT) and its modernisation are on the spotlight. Alejandro is the current General Counsel and Head of the Conflict Resolution Centre at the ECT Secretariat, which…

Arbitration, Arbitration Agreements, International arbitration, New York Convention, Switzerland

(LALIVE)/ /Leave a comment

In 2019, the Swiss Supreme Court (“Supreme Court”) seized two opportunities to confirm and develop its existing case law in relation to the personal scope of arbitration agreements and their possible extension to non-signatories.   Extension to Non-Signatories under the New York Convention In a first decision, ATF 145 III 199, dated 17 April 2019,…

2019 In Review, Arbitration, Australia, New Zealand, Reform, Regional Comprehensive Economic Partnership

(Australian National University)/ /Leave a comment

2019 has seen a series of important arbitration-related developments for Australia, New Zealand and the Pacific. This post highlights selected key arbitration developments in these States from the past 12 months. It focuses on several domestic arbitration law reform efforts and on important developments in respect of investor-State arbitration.   Domestic Arbitration: Legal Developments and…

Court Proceedings, India, Jurisdiction, time-limits

, (Khaitan & Co LLP)/ /3 Comments

Section 29A was inserted, by way of amendments to the Indian Arbitration and Conciliation Act (the Act), in the year 2015. With the introduction of this provision, the time-period for passing the award has been fixed at twelve months from the date the arbitral tribunal enters upon reference and is extendable by another six months…

Arbitration, Arbitration Quiz, Domestic arbitration, New Year Arbitration Quiz

(MDisputes)/ /Leave a comment

Should odd domestic arbitration practices be forgot, and never brought to mind!   Planning to be more international in the coming decade? Just in time for your New Years resolutions, we have the 2020 Kluwer Arbitration New Years Quiz.  This year, the blog’s editors have helped assemble questions about domestic arbitration practices from around the…

International arbitration, Investment Arbitration, Renewable energy, Royal-decree law, Settlement, Spain

/ /1 Comment

On November 22, 2019, the acting government of Spain passed a long-anticipated legislation in response to more than four dozen of international arbitrations that, since late 2013, have been filed continuously against the country.1)See Clifford J. Hendel & María Antonia Pérez, ‘The Past, Present and Possible Future of the Spanish Renewable Energy Arbitration Saga,’ New…