Arbitration, BIT, Double taxation, Intra-EU Investment Arbitration, Tax

(Bottega Di Bella)/ /Leave a comment

This post aims at highlighting an inconsistency in the law of the European Union (“EU”) in regards to the comparison of the treatment of Bilateral Investment Treaties (“BITs”) and Double Taxation Treaties (“DTTs”) concluded between EU Member States. The inconsistency lies in the diametrically different approaches adopted by EU law and its institutions (“EU Institutions”)…

Arbitration, Arbitration Awards, Arbitration Institutions and Rules, Finland, UNCITRAL Model Law

(The Arbitration Institute of the Finland Chamber of Commerce (FAI))/ /Leave a comment

The Finnish Minister of Justice announced at the end of January this year that the revision process of the 1992 Finnish Arbitration Act would be launched during the current government term. Finnish business and arbitration communities greatly welcomed the statement, as it mirrors their long-time efforts towards this goal. The Ministry of Justice has begun…

Accountability, Arbitration, Arbitration Awards, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrator Intelligence, CAM, CIS, GIAC, ICC, ICC Arbitration, ICC Rules, SCC, SCC Rules, Transparency

(Addleshaw Goddard LLP)/ /Leave a comment
Jeantet

The second edition of the Jeantet “Arbitrating in CEE and CIS” roundtable was held during the Paris Arbitration Week on Thursday 4 April 2019 at the Jeantet offices. The topic of this year’s edition was “Transparency, Accountability and Choice of Arbitrators”. An increasing demand of international arbitration users for more transparency, predictability of decisions and…

Brexit, Choice of Law, CISG

(PLMJ Law Firm)/ /Leave a comment

“Whatever the nature of the transaction, in international business there is one prime question fundamental to the validity, interpretation, effectiveness and enforceability of the contract: what law governs?” – Professor Julian Lew QC, Preface, Rethinking Choice of Law in Cross-Border Sales, Gustavo Moser (Eleven International Publishing, 2018). On 15 April 2019, a sunny Monday in…

Costs in arbitral proceedings, Counsel, Damages

(MDisputes) and (Stockholm University)/ /Leave a comment

“Developing arbitration into a matured system of adjudication that can fully compete with litigation may create tension with its promise of providing a quick, fair, and flexible way to resolve a dispute. … Some years ago, Johnny Veeder posed the question, “whose arbitration is this anyway?”  Perhaps the time has now come for the arbitration…

Annulment, Awards, ICSID Convention, Jura Novit Arbiter, New York Convention

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Introduction  This post explores whether a Tribunal may refer to an annulled arbitral award in support of its factual findings or legal assessments. Although a simple reference to annulled awards lies outside the context of any obligation for the Tribunal in terms of res judicata and stare decisis, this quest is aligned with annulled awards’…

Abu Dhabi, Jurisdiction

(University College Cork)/ /Leave a comment

Introduction The Abu Dhabi Global Market (“ADGM”) is a financial free zone in the United Arab Emirates. Foreign parties are attracted to the ADGM for a number of reasons, including its direct application of English common law, the ability to use English language to conduct proceedings in the ADGM Courts, and its enhanced adoption of…

Brazil, Class arbitration, Damages, UNCC

(Atelier Juridico)/ /1 Comment

Brumadinho Dam’s Rupture1)The dam collapse happened on 25 January 2019.. On the first day, the fire department, responsible for the rescues, estimated that the number of victims was about 200. Ten days after the disaster, the death toll was confirmed to be 134, while 199 were still missing. Trigger Warning: At this link one can…

Brexit, Brussels Regulation, ECJ, England, EU Law, Europe, European Union, UK, Uncategorized

(Legance Avvocati Associati)/ /Leave a comment

The Brexit clock is ticking and, under the current circumstances, the no deal scenario is being increasingly regarded at least as a concrete option – although the situation is changing on a daily basis and the extension of the two-year term under Article 50 TFEU could provide some breathing room. In the context of the…

Arbitrability, Arbitration, Arbitration Awards, Arbitration Proceedings, Competition Law, International arbitration, LIDW 2019, London

, (Egyptian Competition Authority)/ /Leave a comment

The last session of the London International Disputes Week discussed the resolution of competition disputes. Sir Peter Roth, The Honorable Mr Justice, President of the UK Competition Appeal Tribunal, gave the keynote speech. Sir Roth explained that, while most of these disputes are a follow up to EU Commission decisions and one must also take…

Arbitration, Arbitration Awards, Arbitration Proceedings, England, English Arbitration Act, English courts, English Law, International arbitration, LIDW 2019, London, Maritime Arbitration, Shipping

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

Shipping disputes might range from minor issues to complex jurisdictional claims with several parties involved in the contracts. Due to the popularity and observed benefits of arbitration, such as the privacy of the arbitral process and perceived certainty in the binding nature of arbitral awards, arbitral agreements have grown in use with the increase in…

Diversity, International Commercial Arbitration, LIDW 2019, Set aside an arbitral award

(Stockholm University)/ /Leave a comment

London International Disputes Week continued yesterday with the session dedicated to international commercial arbitration, hosted by Herbert Smith Freehills LLP. The first panel, moderated by Chantal-Aimée Doerries QC, Atkin Chambers, discussed the future of international arbitration in London, and in particular what London offers and where it must improve in order to maintain its place…

Brexit, LIDW 2019, London, ODR, Seat of the arbitration

(Stockholm University)/ /Leave a comment

The 2019 London International Disputes Week continued yesterday with the Flagship Conference on the Present and Future of London International Disputes, in the unique setting of the National Gallery, in Trafalgar Square. Professor Richard Susskind OBE, IT Advisor to the Lord Chief Justice, discussed the role of Technology and the Future of Dispute Resolution. Richard…

Achmea, Arbitration, Arbitration Proceedings, BIT, Investment Arbitration, LIDW 2019, London

(Chartered Institute of Arbitrators)/ /Leave a comment

The session on International Investment Disputes of the LIDW 2019 was divided in three panels discussing the hot topics in investment law and the Investor-State Dispute Settlement (ISDS) system: investment protection post-Achmea, interim measures, security for costs, emergency arbitration procedures, and transparency in investment arbitration, as well as the wider issue of ISDS reform. The…

Arbitration, Arbitration Awards, Enforcement, Financial Agreements, Financial Industry, International arbitration, LCIA Arbitration, LIDW 2019, London

(University of West London)/ /Leave a comment

The nature and up-coming trends in the financial services dispute sector were one of the topics dealt with during the first day of the London International Dispute Week (LIDW). The audience had the opportunity to formulate an understanding of how financial disputes are treated by courts and tribunals. The Right Honourable Lord Justice Hamblen gave…

Interview, Interviews with Our Editors, LCIA Arbitration, LIDW 2019, London

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

Thank you for joining us on the Kluwer Arbitration Blog, Dr van Haersolte-van Hof!  We appreciate that the LCIA is quite busy this week as a Supporting Institution of the inaugural London International Disputes Week (LIDW19). We are honored to have this opportunity to gain insight from your perspective and highlight for our readers the…

Jurisdiction, Russia, Unilateral Clauses

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

Introduction Unilateral option clauses (also known as “asymmetric” or “one-sided” clauses) are clauses which give both parties the right to refer disputes to a particular dispute resolution forum, but which simultaneously give one party an exclusive right to elect to refer a particular dispute to another forum. The classic example of a one-sided clause is…

Central Asia, Damages, Investment Arbitration, Investor-State arbitration, Kazakhstan, Kyrgyzstan, quantum, Tajikistan, Uzbekistan

(Berkeley Research Group)/ /Leave a comment

Despite the variety of investment treaty disputes involving assets in the Post-Soviet jurisdictions in Central Asia, assessment of damages in each particular case is often heavily debated by the parties, experts and tribunals. In many instances, selecting an appropriate valuation method is the cornerstone of the tribunal’s decision-making on damages. This article provides an overview…

Arbitration, Dispute Resolution Data, quantum, Statistics

(Illustrategy, LLC and University of South Carolina Beaufort) and , (Dispute Resolution Data, LLC)/ /Leave a comment

The growing repository of international commercial arbitration case data maintained by Dispute Resolution Data (DRD) is designed to enable practitioners to use analytical tools, ranging from simple to complex, for gleaning valuable insights into the effectiveness of arbitration as an alternative dispute resolution mechanism. For example, we showed in our first blog post that among…

BIT, Recognition and enforcement of arbitral award, Russia, Sovereign Immunity

(Luther Rechtsanwaltsgesellschaft mbH)/ /Leave a comment

Several authors have already discussed the enforcement of arbitral awards in Russia (see for example the recent posts on the issue estoppel and public policy in recognition and enforcement proceedings, on the confusion relating to the material scope of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and on the enforceability of…

ICC, ICSID, Italba, Uruguay

, (Freshfields Bruckhaus Deringer)/ /Leave a comment

Within the same week last March, two awards were rendered in cases against the Oriental Republic of Uruguay (Uruguay). One concerned an investment dispute with Italba Corporation (Italba), a company incorporated in Florida, over wireless spectrum services and the allocation of radio frequencies, and was Uruguay’s second case before an ICSID tribunal (the first being…

Investment, Investment Arbitration, Investment protection, Investment Treaties, Investor-State arbitration, ISDS Reform, UNCITRAL

(Stockholm University) and / /Leave a comment

Reform of Investor-State Dispute Settlement (ISDS) system has become the focus of various initiatives of different international organizations and groups in the past years. Currently, there are various developments taking place at various levels of the ISDS system. For example, (i) the new generation of international investment treaties—in particular, the new Free Trade Agreements signed…

Amparo, Commercial Arbitration, ISDS Reform, Latin America, Mexico, USMCA

(Herbert Smith Freehills)/ /Leave a comment

The seminar “International Arbitration in Mexico – Latest Developments” took place on March 21, 2019 in New York City (the “Seminar”). International and Mexican practitioners gathered to discuss issues such as the relevant investment climate in Mexico, policy changes from the current administration, as well as, relevant developments in commercial arbitration in the country. Donald…

Achmea, CETA, CJEU, EU Law

(Linklaters)/ /Leave a comment
Linklaters

Introduction In September 2017, Belgium requested the opinion of the Court of Justice of the European Union (“CJEU”) on the compatibility with EU law of the Investment Court System (“ICS”) provided for by the Comprehensive Economic and Trade Agreement between the EU and Canada (“CETA”). Last January, Advocate General Bot concluded that this mechanism for…