Advisory Centre, Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform, Working Group III

(Columbia Law School)/ /Leave a comment

In his post of 30 August 2019, Pablo Pérez-Salido discussed the proposal at UNCITRAL’s Working Group III for the establishment of an Advisory Centre on International Investment Law (ACIIL). This post seeks to make a case for such an Advisory Centre.1)This post is based on Karl P. Sauvant, “An Advisory Centre on International Investment Law:…

Arbitrator Challenges, Conflicts of interest, Egypt

(Shehata & Partners, Maastricht University)/ /1 Comment

Introduction An ongoing discussion in the world of international arbitration concerns the conflict of interest of arbitrators and how such issue should be addressed. In this regard, the Egyptian Court of Cassation has very recently enriched this discussion by evincing its perspective on this matter, particularly, with respect to the standard of impartiality and independence…

Brazilian Arbitration Journal

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

In this edition of Brazilian Journal of Arbitration, the National Doctrine section presents Gustavo Scheffer da Silveira‘s considerations about the sentencing nature of the arbitrators’ decision on their own jurisdiction, as well as the legal regime to which the arbitral award is submitted. Also, Maria Beatriz Grella Vieira proposes some reflections on the objective arbitrability…

Claims Trading, Investment Arbitration, Investor-State arbitration

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Institute for Transnational Arbitration (ITA)

For all the talk about third party funding, little has been said about the buying and selling of claims outright – what I call “claims trading”. A forthcoming article is the first to survey all the known instances of claims trading in international investment arbitration. It reviews more than forty decisions in which tribunals or…

Adjournment, Arbitration, Arbitration Proceedings, Enforcement, England, English Law, Nigeria

(Clyde & Co)/ /Leave a comment

In the recent judgment of AIC Limited v The Federal Airports Authority of Nigeria [2019] EWHC 2212, the English High Court adjourned the decision to enforce a Nigerian arbitral award in exercise of its discretion pursuant to section 103(5) of the Arbitration Act 1996 (which gives effect to Article VI of the New York Convention)…

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, Arbitration Profiling In his message ASA President Elliott GEISINGER warns against the risks entailed in the profiling of arbitrators or counsel in international arbitration based on pre-determined general…

Arbitration, Brazil, Infrastructure, Public Contract, Public-private arbitration

(Hogan Lovells)/ /Leave a comment

One effective way to manage risk allocation and especially political risk in state contracts consists of delegating dispute resolution and contract interpretation to arbitrators. With the aim to entice more private investors to develop infrastructure, Brazil has taken one positive step to expressly allow arbitration in public contracts concluded in these sectors. On 20 September…

Discovery, Section 1782 Discovery

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A short statute that it is, 28 USC § 1782 has given rise to prolific litigation.  For years, litigants have been debating its import and courts have been dissecting its key terms: to name a few, the nature of the proceeding in aid of which discovery may be sought (see posts here, here, and here),…

Empathy, Kluwer Mediation Blog, Mediation, Mediator

(Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

“Yet for me the same nagging question continued: what are our values? Conflict seems to touch people at the deepest levels: it brings into play ‘their judgement of what is valuable or important in life.’ Yet the values of the mediator seem to be invisible.” Charlie Irvine in Mediation’s Values: Still searching. August and September…

Damages, Expropriation, Investment Arbitration, Venezuela

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This post analyses a series of ICSID arbitration awards against Venezuela since 2014 to understand a pressing concern in many investment arbitrations today: how to deal with the risk of expropriation in quantum calculations. Getting this right is critical to ensure that host states do not benefit from their own wrongful conduct and that investors…

AfCFTA, Africa, Arbitral seat, Arbitration Agreement, Arbitration Proceedings, Insolvency, International arbitration, Investment Arbitration, Investor-State arbitration

(Equanimity Arbitration) and (Keating Chambers)/ /Leave a comment

With over $3 billion invested by Vedanta Resources in Zambia since it became a shareholder in Konkola Copper Mines (KCM) in 2004, it is a less optimistic turn of events with Vedanta Resources and fellow shareholder, the government-owned Zambian State Mining Company ZCCM-IH (ZCCM), being at loggerheads in arbitration. In this post, we examine what…

Arbitration, Brazil, Expropriation, Mediation, Public Administration

, (MLuís Advogados Associados)/ /Leave a comment

On August 26, 2019, Brazil’s President sanctioned Statute # 13.867/2019, which inserts provisions in the Brazilian expropriation for public utility statute (Federal Decree 3.365/41). One of the most innovative provision of Brazil’s new law is the possibility of submitting disputes related to expropriations to mediation and arbitration, according to Brazil’s mediation Statute and arbitration Statute….

Arbitrator Challenges, ICSID Convention, Independence and Impartiality, Investor-State arbitration, UNCITRAL, Working Group III

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The ICSID Rules Amendment Project Marking the latest step in its procedural rules overhaul, the International Centre for Settlement of Investment Disputes (“ICSID”) Secretariat released the third Working Paper on Proposals for the ICSID Arbitration Rules Amendments in late August 2019 (“WP3”). It is safe to say that the revisions of the ICSID Rules arrive…

ARIAS, Dispute Resolution, Insurance, United States

(Pasich LLP)/ /Leave a comment

Writing in 2015 about the need to study the intersection between insurance and dispute resolution, Professor Robert H. Jerry II concluded as follows: “The business of insurance is first and foremost the business of providing financial security against the risk of loss, but when loss occurs, the business of insurance becomes the business of resolving…

Arbitration institution, Dispute Resolution, Interview, Interviews with Our Editors

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

Thank you for joining us on the Kluwer Arbitration Blog, Mr Hafez Virjee. We are honoured to have the opportunity to gain insight on Delos, the independent arbitration institution that you co-founded and which provides an innovative approach to commercial dispute resolution.   Delos provides a solution starting from the contract-making stage through to the issuing of…

Courts, Czech Republic, Enforcement, International arbitration, International Commercial Arbitration

, (Eversheds Sutherland)/ /Leave a comment

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (‘New York Convention’) stipulates in Article III that enforcement of foreign arbitral awards should not be subject to more onerous conditions, higher fees or charges than those that are imposed on enforcement of domestic arbitral awards. However, the Czech Supreme Court (‘CSC’)…

Climate change, Commercial Arbitration, DIS, Germany, Permanent Court of Arbitration

(Hogan Lovells)/ /Leave a comment

As the world marched in support of global action on climate change, the German DIS40/below 40 arbitrators’ group showed its support for the cause at a conference on Arbitration and Climate Change on 10 September 2019. After a warm welcome by DIS federal coordinator Jennifer Bryant (Noerr) the conference started off with a panel discussion…

Africa, Arbitration Institutions and Rules, CAMAR

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

“Too many cooks spoil the broth” – this expression works in both personal and professional situations. Everyone can relate to this universal concept that where each of many people involved in a common project adds his or her own idea, it actually makes it very hard, if not impossible, to work efficiently and can even…

Arbitration institution, Arbitration Institutions and Rules, CAM, Italy

, (BonelliErede)/ /1 Comment

Italy’s leading arbitral institution, the Milan Chamber of Arbitration (“CAM”), issued its new rules (“CAM Rules”) on 1 March 2019. The new rules, superseding the previous CAM Rules of 2010 (“2010 CAM Rules”), apply to arbitration proceedings commenced after 1 March 2019, unless the parties have agreed otherwise under Article 45(2) of the CAM Rules…

Abuja Treaty, AfCFTA, Investor-State arbitration, ISDS

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

Introduction On 30 May 2019, the Agreement Establishing the African Continental Free Trade Area (“AfCFTA Agreement”) went into effect. Signed on 21 March 2018, the AfCFTA Agreement is a mega-regional trade agreement that creates a pan-African trade bloc that has the potential to unite 1.2 billion people and create a $3.4 trillion economic area. The…

Arbitration, Arbitration Agreement, Dissolved Arbitral Institution, International Commercial Arbitration, New York Convention

(Brunel University London)/ /Leave a comment

In 2012, the Commercial District Court in Bijeljina (‘CDC’) finally declared that it lacked jurisdiction to hear the dispute between Elektrogospodarstvo Slovenije (‘Claimant’) on one side, and Rudnik i termelektrana Ugljevik A.D. (’Respondent’) on the other (Case reference no. 59 0 Ps 018507 12 Ps 3), with the High Commercial Court in Banja Luka (‘HCC’)…

Discovery, International Commercial Arbitration, Section 1782 Discovery, United States

(Musick, Peeler & Garrett LLP)/ /Leave a comment

Introduction Abdul Latif Jameel Transportation Co. Ltd. v. FedEx Corp., decided by the U.S. Court of Appeals for the Sixth Circuit earlier this month, is arguably the first post-Intel decision from the U.S. Court of Appeals that “permits discovery for use” in a “private commercial arbitration” under 28 U.S.C. § 1782(a). (Case No. 19-5315, at…

Arbitrators, Interview, Interviews with Our Editors, Iran-United States Claims Tribunal

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (The George Washington University Law School)/ /2 Comments

The full breadth and depth of Judge Charles N. Brower’s 55-year career in the law cannot be summed up in a few sentences.  His private practice experience is extensive: Judge Brower spent eight years as a commercial trial and appellate attorney and as criminal defense counsel with White & Case LLP in New York. Later,…

Abuja Treaty, AfCFTA, Investor-State arbitration, ISDS

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

The Agreement Establishing the African Continental Free Trade Area (AfCFTA Agreement) went into effect on May 30, 2019. The AfCFTA is the next step in a process set in motion in 1994 when the Treaty Establishing the African Economic Community (Abuja Treaty) entered into force. The Abuja Treaty put in place the framework for the establishment…