The Office of the United States Trade Representative has issued another update on its long-running dispute with Guatemala over lax protection of worker rights in the latter country.
Readers of this blog may recall that the United States initiated a state-to-state arbitration against Guatemala in 2011, invoking for the first time a fast-track arbitration mechanism contained in the U.S.-Central America Free Trade Agreement (CAFTA).
While requesting arbitration, the United States seemed not to have pushed for the constitution of a tribunal, preferring instead to use the arbitration to pressure Guatemala to agree to a series of labour rights improvements.
Indeed, in April of this year, the USTR [...]
A recent ruling of the Dubai Court of Appeal (see Case No. 1/2013 – Commercial Appeal, ruling of the Dubai Court of Appeal of 9 July 2013) gives new hope that despite the Dubai Court of Cassation’s disappointing approach in Case No. 156/2013 (see my blog of 21st October 2013), the UAE courts are, in principle, firmly committed to and will – bar very minor, politically-motivated exceptions – enforce foreign arbitral awards (at least provided they have been issued in another Convention country) in the terms of the New York Convention (see Convention on the recognition and enforcement of foreign arbitral awards, done in New York on 10 June 1958, as ratified and hence implemented in UAE law by U [...]
Hong Kong is one of the major hubs for international arbitration in Asia. Its position was strengthened when, in 2012, India added Hong Kong to the list of so-called “gazetted” states: only arbitral awards rendered in these states will be recognised and enforced in India under the New York Convention. The inclusion of Hong Kong was a “golden opportunity” for it as a seat and venue of arbitration (see Tom Lidstrom’s post of 25 April 2012). The Hong Kong International Arbitration Centre (“HKIAC”) is now making arbitration in Hong Kong even more attractive by streamlining its arbitration rules: On 1 November 2013, the new “HKIAC Administered Arbitration Rules (2013 Edition)” w [...]
It is not uncommon to see the losing party of an ICSID arbitration filing a frivolous request for annulment merely to engage the opposing party in settlement negotiations. Another frequent abuse of ICSID’s annulment mechanism is to attempt to re-litigate the merits at the annulment stage. An annulment proceeding under the ICSID Rules typically takes a couple of years and involves costs similar to those in a regular ICSID proceeding. For this reason, when an annulment request is filed, some opposing parties prefer to reach an early settlement for a discounted amount rather than waiting more time to receive full satisfaction.
In 2006, the ICSID Arbitration Rules were amended to include [...]
The Permanent Court of Arbitration has just updated its website so as to offer information about the pending arbitration initiated by the Philippines against China pursuant to Annex VII of the UN Convention on the Law of the Sea (UNCLOS).
Readers may recall that the Philippines requested arbitration in January of this year, citing a long-running dispute with China over “the maritime jurisdiction of the Philippines in the West Philippine Sea.” (For background see this post on the EJIL Talk blog, as well as this one from Opinio Juris.).
China disputes that arbitrators have authority to adjudicate the Philippines’ claims, and the Chinese government has thus far declined to cooperate with [...]
For arbitration geeks, the beach is a challenge – How can you indulge your passion for international arbitration, without (further) outing yourself as a work-alcoholic without a life? I probably can’t help you much, in that category, but one possibility, with two sub-parts, comes to mind. Arbitration history lets you stay focussed on your one true calling, and avoid repeating the past, while (maybe) not looking too hopeless. And there are two relatively recent publications that can set you apart on the beach, slopes or whatever.
Derek Roebuck, in his latest book “Mediation and Arbitration in the Middle Ages: England 1154-1558,” describes how dispute resolution, specifically mediat [...]