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Arbitration, BIT, European Law, European Union, ICSID, ICSID Arbitration, ICSID Convention, Interviews with Our Editors, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS

Interviews with Our Editors: Interview with Meg Kinnear, Secretary General of the International Centre for Settlement of Investment Disputes

Crina Baltag (Managing Editor) (Stockholm University)/April 15, 2018March 25, 2019 /Leave a comment

…the fourth ICSID Rules amendment process in ICSID history. The previous amendment processes brought notable additions to the ICSID Rules, such as enhanced transparency in the arbitral process (including publication…

Africa, Arbitrators, arbitrators’ conduct, Ethics, Ethiopia

How to Disqualify and/or Remove Arbitrators Under Ethiopian Arbitration Law: Is Ethiopian Law on the Right Track?

Michael Teshome/April 13, 2018April 16, 2018 /2 Comments

…when it comes to disqualification and removal of arbitrators – it can learn a lot from the IBA Guidelines on Conflict of Interests in International Arbitration. The grounds laid down…

Albania, Arbitration, Recognition and enforcement of arbitral award, United States

Appellate Court Limits “Procedural Loophole” to Enforce Foreign Arbitral Awards in New York Absent Jurisdiction over the Award Debtor or Its Property

Andreas Frischknecht (Chaffetz Lindsey LLP)/April 12, 2018April 12, 2018 /Leave a comment

The recent decision by an intermediate New York appellate court in AlbaniaBEG Ambient Sh.p.k. v. Enel S.p.A.1)A.D.3d, No. 152679/14, 2018 WL 755355 (N.Y. App. Div. 1st Dep’t Feb. 8, 2018)….

Uncategorized

In a first, English High Court sets aside Investment Treaty Award against Poland

Kshama A. Loya, Vyapak Desai (Nishith Desai Associates)/April 11, 2018April 10, 2018 /Leave a comment

…arguments and evidence. This practice is prevalent in France and Switzerland which permit a wider scope of review to national courts. The present case is unique in as much as…

Achmea, CJEU, European Law, European Union

The CJEU’s Achmea Judgment: Getting Through the Five Stages of Grief

Peter Nikitin/April 10, 2018April 11, 2018 /6 Comments

…because EU Member States cannot be permitted to deviate from common market rules by treaty any more than they can by domestic legislation. It is also consistent with the international…

Arbitration, Arbitration Act, Set aside an arbitral award, Sweden

The Swedish Government Revives Efforts to Modernise the Arbitration Act

Brian Kotick (Mannheimer Swartling)/April 9, 2018April 8, 2018 /Leave a comment

…law to the dispute, in the absence of the parties’ agreement. A tribunal can determine the applicable substantive law by referring to the conflict of laws rules or, as the…

Argentina, IBA, International Commercial Arbitration, Latin America

The Rule of Law As Created by Arbitrators – An Update on the Discussions At The Recent IBA Arbitration Day in Buenos Aires

Julián Bordacahar (Permanent Court of Arbitration)/April 8, 2018April 3, 2018 /2 Comments

…apply transnational rules in conjunction with national law. Therefore, while applying national law, international arbitrators validate the outcome by reference to rules with wider recognition. In essence, she concluded, arbitrators…

Arbitration, Arbitration Institutions and Rules, Austria, Costs, Costs in arbitral proceedings, Security for Costs, VIAC

New Vienna Rules: Where do you stand on Security for Costs?

Lisa Beisteiner (Zeiler Floyd Zadkovich)/April 7, 2018April 6, 2018 /1 Comment

…Rules sided with this last approach. ↑2 Whereas institutional rules in common law jurisdictions have traditionally included express rules (e.g. LCIA, SIAC, HKIAC), those in civil law jurisdictions were hesitant…

Energy, foreign direct investment, Foreign Investment Law, ICSID, Iraq, ISDS, Oil & Gas

Is Iraq Fully Open for Business? Not Yet, But Very Soon | Iraq Energy Conference 2018

Noor Kadhim (Armstrong Teasdale)/April 7, 2018April 14, 2018 /Leave a comment

…for new oilfield concessions which were to be subject to a revised contract. According to the anecdotal evidence, the IOCs now have a challenging period of only 2 weeks (ending…

Arbitration, ICCA, Third party funding

A Preview of the Forthcoming ICCA-Queen Mary Report on Third-Party Funding

William W. Park (Boston University), Stavros Brekoulakis (General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London), and Catherine A. Rogers (Bocconi University)/April 5, 2018April 7, 2018 /Leave a comment

…take. On the one hand, there was a desire to avoid contributing to what some regard as an overcrowding of rules and guidelines. Ultimately, it was decided that the essential…

Domestic Courts, Domestic law, Federal Arbitration Act (FAA), United States

The Act is not the entire story: How to make sense of the U.S. Arbitration Act

Ylli Dautaj (Durham Law School)/April 4, 2018March 15, 2018 /Leave a comment

…Court established a marked boundary between law for domestic and international matters, holding that domestic rules could be unsuitable for application in the international sector and that these rules should…

Arbitration Institutions and Rules, Arbitration Proceedings, Expedited arbitration, SCC, SCC Rules, Sweden

Expedited Arbitration at the SCC: One Year with the 2017 Rules

Anja Ipp (Climate Change Counsel)/April 2, 2018March 28, 2018 /Leave a comment

…for Expedited Arbitration (“Expedited Rules”), following a two-year review that took into account user feedback and the Institute’s own experience. The revision process sought to update the Expedited Rules and…

Arbitration, Energy, Investment Arbitration, Kenya, Tanzania, Uganda

Navigating Specialist Energy and Natural Resources Arbitration in East Africa

Wairimu Karanja (EnVantage Law)/April 1, 2018April 1, 2018 /Leave a comment

…Kenyan Arbitration Act or the ICC Rules. In Tanzania, the 2013 Model production sharing agreement (PSA) provides for arbitration under ICC Rules. In Uganda, the 1999 Model PSC provides for…

BIT, Fair and Equitable Treatment, Investment Arbitration, Public Policy, Switzerland

Les Jeux Sont Faits: Swiss Supreme Court Upholds Investment Treaty Award against Public Policy Challenge in a Gambling Case

Georg von Segesser (von Segesser Law Offices)/March 31, 2018March 20, 2018 /Leave a comment

…more expansive notion, namely a textbook definition of ordre public as the “sum of all legal rules issued in the interest of the community”. As a result, the Supreme Court…

Africa, Arbitration, OHADA

New OHADA Arbitration Text Enters Into Force

Roland Ziadé (Linklaters) and Clement Fouchard (Reed Smith)/March 30, 2018March 29, 2018 /Leave a comment

Linklaters

The revised OHADA Uniform Act on Arbitration (the Arbitration Act) and revised Rules on Arbitration of the Joint Court of Justice and Arbitration (the CCJA) (the Rules), as well as…

Arbitration, Blockchain, New York Convention, Online Dispute Resolution, UNCITRAL

Is Online Dispute Resolution The Future of Alternative Dispute Resolution?

Derric Yeoh (Schellenberg Wittmer )/March 29, 2018March 15, 2018 /4 Comments

YSIAC

…a set of Blockchain Arbitration Rules and envisions an Appointing Authority (it is unclear whether it will be an arbitral institution) which will appoint an arbitrator who may be a…

Arbitration Proceedings, Commercial Arbitration, Diversity, Party autonomy, Transparency

Arbitration as a Market

Eirini Kikarea (PhD Candidate, University of Cambridge)/March 28, 2018March 27, 2018 /Leave a comment

…abusive trading tactics of third-party funders, and evidence of race to the top, such as the recent transparency movement and the IBA Guidelines for Conflicts of Interest in International Arbitration….

Africa, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, International arbitration

Impact of Foreign Direct Investment on Arbitration in Africa

Sadaff Habib (Equanimity Arbitration)/March 27, 2018March 18, 2018 /Leave a comment

…Disputes (ICSID) Rules, or ad hoc arbitration under the UNCITRAL Rules. All in all, the arbitration process offers parties greater control and ownership of the process and maintains a strong…

Arbitration, Arbitration Institutions and Rules, Maritime Arbitration, Scandinavia

Nordic Offshore and Maritime Arbitration Association (NOMA): Could the Nordic Maritime Model Attract a Wider Audience?

Jacob Skude Rasmussen, Jens V. Mathiasen (Gorrissen Federspiel)/March 26, 2018March 22, 2018 /1 Comment

…Best Practice Guidelines, 2) the NOMA Matrix and 3) the NOMA Rules on the Taking of Evidence. 1) The guidelines assist the tribunal and parties on certain procedural points. For…

Advocacy, Arbitration, Book Review, Contract Drafting, Risk Management, UNIDROIT Principles of International Commercial Contracts

The Future for Cross-Border Contracts: In combination with Arbitration Clauses, the UNIDROIT Principles of International Commercial Contracts provide a Practice-Proven Bridge between Common and Civil Law

Eckart Brödermann (Brödermann Jahn)/March 25, 2018March 15, 2018 /Leave a comment

…such rules of law as are chosen by the parties as applicable to the substance of the dispute” (emphasis added; the quote stems from the UNCITRAL Model Law on International…

Arbitration, Brazil, Recognition and enforcement of arbitral award

A Brief Analysis of the Legal Background Surrounding Arbitration and the Enforcement of Foreign Arbitral Awards in Brazil

Paula Paixao e Silva Zarazinski (American Bar Association)/March 24, 2018December 19, 2018 /Leave a comment

ArbitralWomen

…the procedural requirements under Articles 15 and 17 of the Introductory Law to Brazilian Rules (LINDB) and Articles 216-D and 216-F of the STJ’s internal rules. Accordingly, the STJ will…

Anti-suit injunction, Brexit, Brussels Regulation, UK

Revisiting Anti-Suit Injunctions Post Brexit: Some Lessons from the US

David Ndolo, Margaret Liu (Coventry Law School, Coventry University)/March 23, 2018March 22, 2018 /1 Comment

…a foreign court action threatens appropriate jurisdiction. (Id) Such a case would be, for example, where there is evidence that the court may issue an anti-arbitration injunction or not refer…

Arbitral Tribunal, Arbitration, Consolidation, HKIAC, ICC, kompetenz-kompetenz, SCC, SIAC

Consolidation of Arbitral Proceedings and its Ramifications on a Party’s Right to Challenge the Jurisdiction of the Tribunal and the Arbitral Award

Eunice Chan Swee En (Drew & Napier)/March 21, 2018March 20, 2018 /1 Comment