Africa, Arbitral seat, Arbitrators, Courts, International arbitration, Interviews with Our Editors, National Courts

(Equanimity Arbitration)/ /Leave a comment

A common concern for parties when opting for an African country as a seat of arbitration is the extent of judicial intervention in the arbitration. Whilst certain African national courts have swayed back and forth between exercising sovereignty and upholding party autonomy in arbitration there is a positive inkling that African national courts are more…

Arbitration, Arbitration Proceedings, Human Rights, International arbitration

(Hogan Lovells)/ /Leave a comment

During the London International Dispute Week in May this year (which was covered at the Kluwer Arbitration Blog in depth, see here), a panel on “energy disputes in a disruptive world” focused on the increasing prevalence of claims against energy companies in relation to climate change or for involvement in human rights impacts. I had…

Hong Kong, International Commercial Arbitration, Interpretation of Contracts, Scope of an arbitration agreement, Shareholders Agreement

(OBOR Legal Research Centre)/ /Leave a comment

Introduction In the recent Hong Kong decision of Dickson Holdings Enterprise Co Ltd v. Moravia CV and Others [2019] HKCFI 1424, the court considered whether the arbitration agreement contained in the parties’ shareholders’ agreement covered disputes arising from any affairs of the company. As elaborated below, the decision is instructive for how similar arbitration agreements…

Arbitration, arbitrators’ conduct, Code of best practices, Conflicts of interest, Diversity, Duty to Disclose, Spain

(Mihaela Maravela Law Office) and (GIN Platform Blockchain Infrastructure)/ /1 Comment

In June 2019, the Spanish Arbitration Club (“CEA”) launched a new Code of Best Practices in Arbitration (the “Code”). This post briefly describes the scope of the Code and provides insights on the specific best practices proposed by CEA. The initiative is commendable, as it reflects the CEA community experience and tackles hot topics in…

England, English Arbitration Act, English courts, English Law

(Chartered Institute of Arbitrators)/ /2 Comments
Chartered Institute of Arbitrators (CIArb)

The Roebuck lecture, delivered this year on 13 June 2019, is an annual gathering of renowned scholars, practicing lawyers, arbitrators, students and arbitration enthusiasts. It pays tribute to Professor Derek Roebuck MCIArb, the arbitration historian who made an invaluable contribution to the Institute’s work and development, in particular as editor of the CIArb’s prestigious academic…

Section 1782 Discovery

(Three Crowns LLP)/ /Leave a comment
Three Crowns LLP

The use of 28 U.S.C. Section 1782 to obtain through U.S. courts evidence in support of foreign proceedings is at its zenith. But a number of questions regarding the scope of the statute are still open. As recent decisions from the United States Federal Court for the Southern District of New York (SDNY) demonstrate, considerable…

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, Simplicity and Sophistication (Of Furniture, Nails, Screws and Glue) In his message, ASA President Elliott GEISINGER lauds the art of simplicity and questions the necessity of some of the…

Arbitration, Arbitration Proceedings, International arbitration, Technology

(Squire Patton Boggs)/ /1 Comment

Report from a Workshop Hosted by Squire Patton Boggs and Delos on 30 May 2019 in Prague It has been a while now that buzzword of innovation has made its way into the traditionally conservative legal world. While a number of smart tech tools for lawyers such as contract automation or document management systems with numerous…

BIT, Chile, Free Trade Agreements, Investment protection, Investment Treaties

and (King & Spalding)/ /Leave a comment

Chile is one of the most dynamic states in Latin America.  The World Bank has observed that “Chile has been one of Latin America’s fastest-growing economies in recent decades”.  And foreign direct investment has increased significantly in recent years.  As investment interest in Chile grows, it is important for both investors and international law practitioners…

Bribery, Enforceability, Enforcement, Enforcement of an award that was set aside, International Investment Arbitration, Investment Arbitration

(De Almeida Pereira PLLC)/ /Leave a comment

Discussions of corruption carry strong moral sentiments.  After all, the abuse of public office for private gain erodes people’s trust in government and institutions, makes public policies less effective and fair, and siphons taxpayers’ money away from schools, roads, and hospitals. More generally, broad-based corruption weakens the foundations of a healthy economy, degrades social norms,…

India, Public Policy, Set aside an international arbitral award

(Kachwaha & Partners) and (Permanent Court of Arbitration)/ /Leave a comment

The decision of the Supreme Court of India (“SC”) in Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India (NHAI) (“Ssansyong”), has led to three notable developments: (1) it clarifies the scope of the “public policy” ground for setting aside an award as amended by the Arbitration and Conciliation (Amendment) Act 2015…

Belt Road Initiative, Central Asia, China, Investment Arbitration

(The George Washington University Law School)/ /1 Comment

Background Since its announcement in 2013, China has invested more than US $120 billion into the target countries along the Belt and Road Initiative (“BRI”) on infrastructure projects ranging from ports and railroads to pipelines. Central Asia will become part of nearly the entire major trade corridor identified under the BRI. Hence the BRI presents…

Confidentiality and Transparency, Danish Institute of Arbitration (DIA), Diversity, ICC, Inherent Powers, Investment Arbitration, IT, M&A, Prague Rules, Witness, Witness Statement

(The Danish Institute of Arbitration)/ /Leave a comment

  The Danish Institute of Arbitration (DIA) and ICC Denmark hosted Copenhagen Arbitration Day earlier this year. Discussion took place on a wide range of topics such as the criticism of arbitration, diversity and the Prague Rules. The day began with three lunchtime seminars. The first took place at the University of Copenhagen, where four…

Colombia, Domestic Courts, France, Latin America

, (Zuleta Abogados)/ /Leave a comment

In June 2019, Colombia’s Constitutional Court (the “Court”) issued a communication informing its decision on the constitutionality of the BIT between Colombia and France (the “BIT”) signed on July 10, 2014. In an unprecedented decision, the Court adjudged that the BIT is compliant with the Colombian Constitution (the “Constitution”) but conditioned its ratification to the…

Damages, Damages experts, Investment Arbitration, Investor, Investor-State arbitration

(FTI Consulting)/ /1 Comment
ArbitralWomen

Recently published arbitral awards provide insight into Tribunals’ reasoning when the quantum of a claim is challenged for being too uncertain or speculative. Typically, Claimants will not only claim costs incurred up to the date of the breach or expropriation, but they will also claim compensation for future profits in a but-for scenario. However, a…

China, Enforcement, Enforcement of an award that was set aside, Hong Kong, Macau, Set aside an arbitral award, Stay of Proceedings, Taiwan

(Arnold & Porter) and / /Leave a comment

Introduction In international arbitration, winning an award is not the end of the story.  Instead, a favorable business outcome depends on successful enforcement of the award in the jurisdiction(s) where the opponent’s assets are situated.  Unfortunately for the winning party, the losing party may delay or even avoid enforcement by raising challenges and instigating proceedings…

Foreign arbitral awards, Foreign Dispute, Foreign seat, India, Seat of the arbitration

(National Law University, Delhi) and (National Law University Delhi)/ /2 Comments

The question whether two Indian parties can choose a foreign seat of arbitration has become far too obfuscated with some recent judicial pronouncements. This article seeks to argue that the scheme of Indian Arbitration and Conciliation Act (“Act”) itself does not permit it. In India, enforcement of arbitral awards is covered in two parts under…

Brazilian Arbitration Journal

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

The present edition of the Revista Brasileira de Arbitragem [Brazilian Arbitration Journal] presents three articles in the National Doctrine section: Laura Carneiro de Mello Senra deals with the arbitrability of cases involving the remuneration of Brazilian federal public servants in which disputes against the Federal Union or a different public entity may arise; Leandro Rigueira Rennó Lima…

Arbitration institution, CICA, Costa Rica, Interview, Interviews with Our Editors, Latin America

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

Welcome to the Kluwer Arbitration Blog, Ms. Sauma!  We are grateful for this opportunity to learn more about the International Center for Conciliation and Arbitration (“CICA” for its initials in Spanish), which is celebrating its twentieth anniversary this year (congratulations!), as well as about the dynamic alternative dispute resolution environment of Costa Rica.  Thank you…

Arbitration, Evidence, International arbitration, Prague Rules

, (Clifford Chance Asia)/ /1 Comment

The publication of the Rules on the Efficient Conduct of Proceedings in Arbitration (“Prague Rules”) on 14 December 2018 heralded a challenge to the well-established incumbent (i.e. the International Bar Association (“IBA”) Rules on the Taking of Evidence (“Evidence Rules”)) and prompted much debate amongst the arbitral community, including at least six posts on this…

CIETAC Investment Arbitration Rules, Emergency Arbitrator, Investment Arbitration, SCC Rules, SIAC Investment Arbitration Rules

/ /Leave a comment

The use of Emergency Arbitrator (“EA”) procedure is not frequently deployed in investment treaty arbitration, compared to its success in the commercial space. Despite calls for caution, three sets of major arbitration rules have promulgated EA procedure for investment disputes, i.e., Arbitration Rules of Stockholm Chamber of Commerce (“SCC Rules”), SIAC Investment Arbitration Rules (“SIAC…

Accountability, Arbitration, Human Rights, PCA

(Permanent Court of Arbitration), (University of Michigan Law School), and (Columbia Law School and University of Deusto)/ /Leave a comment

Since 2013, an independent group of international lawyers (the Working Group of the Business and Human Rights Arbitration project) has been considering the possibility of using international arbitration as a method of resolving disputes over obligations and commitments arising out of business-related human rights abuses.  The idea underlying the project is that international arbitration could…

Central Asia, Enforcement, ICCA, Kyrgyzstan, Set aside an arbitral award

(Oon & Bazul LLP)/ /Leave a comment

Although Central Asia has geostrategic importance in Asia, the Middle East, and Europe as the heart of the ‘Silk Road’, the Kyrgyz Republic in Central Asia1)Central Asia consists of 5 countries (Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, and Turkmenistan) and Kyrgyzstan is a landlocked nation bordered by China, Kazakhstan, Uzbekistan and Tajikistan. has remained relatively unknown, especially…

Arbitration, Arbitration Proceedings, International arbitration, Investment Arbitration, Switzerland, Third party funding

(Gabriel Arbitration AG) and (University of Belgrade)/ /Leave a comment

Prof. Dr. Jelena Perović, from the University of Belgrade (Serbia) and Dr. Nataša Hadžimanović, from Gabriel Arbitration (Zurich, Switzerland), launched the Round Table on Arbitration in 2018 as a forum to discuss controversial issues, share experiences and highlight new trends in arbitration. The 2nd Round Table on Arbitration took place in the magnificent rooms of…