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Severe Breaches of Duty of Confidentiality and Impartiality in the Dispute between Croatia and Slovenia: Is Arbitration Immune to Such Violations?

On July 22, 2015, the transcripts and the audio recordings of the conversations between Dr. Jernej Sekolec, one of the arbitrators in the arbitration regarding the territorial and maritime dispute between the Republic of Croatia (“Croatia”) and the Republic of Slovenia (“Slovenia”), and Ms. Simona Drenik, one of the Slovenian representatives in the proceedings, became a centre of a media scandal. The public was granted an opportunity to hear and read about their telephone conversations which took place during the proceedings and encompassed discussions on the tribunal’s deliberations, the probable outcome of the case and development of further strategies, including the possibility [...]

Arbitration Reform In India: A Look At The Hong Kong Model

The Indian Government (‘Government’) plans to revamp the country’s arbitration landscape and is considering amendments to its arbitration legislation. If the Government is keen on transforming India into a global arbitration hub, it could draw from the experience of Hong Kong, which is a successful model for arbitration in the Asia-Pacific region. Since the gazettal of China (including Hong Kong) by the Government, an increasing number of Indian parties are turning to Hong Kong for arbitration.

Adoption of the latest version of the UNCITRAL Model Law  

The Indian Arbitration and Conciliation Act 1996 (‘Indian Arbitration Act’ or ‘Act’) is based on the 1985 version of the UNCI [...]

Enforcement of the JKX Oil & Gas Emergency Arbitrator Award: A Sign of Pro-arbitration Stance in Ukraine?

On June 8, 2015, Pecherskyi District Court of Kyiv (“Pecherskyi Court”) upheld an application lodged by JKX Oil & Gas plc, Poltava Gas B.V. and JV Poltava Petroleum Company (“JKX Companies”) to enforce an emergency arbitrator award rendered under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC Rules”) against Ukraine. Apart from being the first enforcement of an award issued by an emergency arbitrator against a state in investment treaty arbitration, the Pecherskyi Court decision in case No 757/5777/15-ц also marks the first ever attempt to enforce an emergency arbitrator award in Ukraine.

On February 16, 2015, it was announced that [...]

The DIFC Courts stand firm on their status as a “host” jurisdiction for the recognition and enforcement of domestic non-DIFC awards

By an order of late last year (ARB 002/2014 – A v. B, Order of Justice Sir David Steel of 16 December 2014), Justice Sir David Steel dismissed an application by an award debtor seeking a number of orders to avoid the recognition and enforcement of an award rendered by the Dubai International Arbitration Centre (DIAC) in Dubai, with reasons to follow. The DIFC Court of First Instance thus confirmed the DIFC Courts’ status as a host jurisdiction to hear applications for recognition and enforcement of domestic non-DIFC awards, i.e. awards rendered in mainland Dubai and hence outside the DIFC, even absent any geographic nexus to the DIFC. This essentially means that an award creditor who wis [...]

Arbitrability of Corporate and Public Procurement Disputes in Ukraine

Introduction

The question of arbitrability of corporate and public procurement disputes is a topic constantly evolving due to new cutting-edge precedents. Ukraine does not constitute an exception, and continues to develop its jurisprudence. Despite being far from corporate in its nature, the recent dispute between reputable Austrian company (VAMED Engineering GmbH & CO KG) and Ukrainian state enterprise (Ukrmedpostach) both operating in healthcare industry and pro-arbitration approach of Ukrainian courts sheds some light to arbitrability of not only public procurement disputes, but corporate disputes as well.

Background: Ukrainian Law Arbitrability Provisions

Ukrainian International Comme [...]

Reforming Investment Treaties: UNCTAD’s 2015 World Investment Report

On the 24th of June, the United Nations Conference on Trade and Development (‘UNCTAD’) launched its 2015 World Investment Report. The Report, titled “Reforming International Investment Governance”, is the 25th in the yearly series from the UN body.

As for previous years, the 2015 Report provides a statistical summary of the prior year’s foreign direct investment flows, an outline of trends in investment disputes, and an analysis of investment policy-making at the municipal, regional and international levels. As the title of the 2015 Report suggests, however, its key focus is upon options for reforming the system of international investment protection.

It is impossible in the space of t [...]

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