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…
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…
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,…
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…
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…
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…
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…
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…
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…
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 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…
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…
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…
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…
The year 2019 has seen some important legislative and case law developments in the European jurisdictions and Kluwer Arbitration Blog, as always, has been closely monitoring the developments on the ground. I. Summary of Important Legislative Developments a) Sweden: Aligning Arbitration Law with International Developments and Eliminating Duplicate Proceedings In March 2019, a…
As part of International Investment Law and Policy Speaker Series, on November 14, 2019, the Columbia Center on Sustainable Investment hosted Dr. Mouhamadou Kane, Project Lead and Manager for the Organisation of Islamic Cooperation (“OIC”) Investment Dispute Settlement Organ. During the program, Dr. Kane explained the text of a draft investment protocol for the OIC…
On the 1 October 2019, the Europa-Institut of Saarland University and the International Investment Centre Cologne (IILCC) co-organized a workshop on the Investor State Dispute Settlement (ISDS) Reform and the creation of a Multilateral Investment Court (MIC). At the event, the IILCC Study Group presented its preliminary conclusions regarding a comparative report on the Multilateral…
Recently, the U.S. District Court for the Northern District of Georgia (the “District Court”) put the problem with emergency arbitration front and center: it refused to confirm and enforce an emergency interim arbitration award (the “Emergency Award”) awarded by an emergency arbitrator (the “Emergency Arbitrator”) under Article 6 of the American Arbitration Association’s International Center…
Introducing the Rules Playing its part in the twenty-first century movement to protect human rights, the international legal community has taken a significant step forward by providing for a framework to resolve business and human rights disputes by arbitration. Lead by the former ICJ justice, Judge Bruno Simma, The Hague Rules on Business and Human…
It has now become a tradition that in December of each year, Kluwer Arbitration Blog offers you several posts with a retrospective of the year in specific regions and fields. We also take this opportunity to present ourselves and thank you for your immense support, as readers and contributors. Entering a New Year has also…
It is well known that disputes arising from the realisation of major energy and infrastructure projects are often exceptionally complex, long, and expensive. They are of high factual and technical complexity with a great volume of evidence, witnesses and experts and involve multiple parties with the fragmentation of responsibilities. As such, one of the main…
On 12 November 2019, the Mauritius International Arbitration Centre (“MIAC”) hosted an event to celebrate its relaunch following the termination of the institution’s joint venture with the London Court of International Arbitration (“LCIA”) in July 2018. Like many other arbitral centres that have emerged across Africa,1)G. Travaini, ‘Arbitration Centres in Africa: Too Many Cooks?’, Kluwer…
Amidst the typical hustle and bustle of year-end festivities, our Southeast Asia editorial team takes a moment to look back on the arbitration developments in Southeast Asia in 2019. New Free Trade Agreements and Developments in National Laws In 2019, states comprising the Association of Southeast Asian Nations (“ASEAN”) continued to demonstrate their commitment…
As discussed in our previous post (available here), Polish civil procedure, including arbitration law (contained in Part V of the Polish Code of Civil Procedure or ‘CCP’) has undergoing significant changes. This post focuses on those amendments that substantially modify the legal framework for arbitration of corporate disputes. Problems with the Arbitrability of Shareholder…
