By Order of 5 January 2014 (see Case ARB 001/2014 – (1) X1 (2) X2 v. (1) Y, Order of the Dubai Court of First Instance), H.E. Justice Ali Al Madhani, one of the UAE-national resident judges of the DIFC Courts, dismissed an application by an award debtor for an order referring a purported conflict…

Attentive readers of this Blog will remember that the Court of Appeal of the Dubai International Financial Centre (DIFC) adopted a ruling in the latter half of last year confirming its status as a “host” or “intermediate” – or, in the Court’s own words, “conduit” – jurisdiction for the enforcement of domestic arbitration awards rendered…

Regular readers of this Blog will be aware of the DIFC Court’s adoption of Practice Direction No. 2 of 2015 on the Referral of Payment Judgment Disputes to Arbitration (“PD 2 of 2015”) earlier this year (for contemporaneous reporting see my previous blog). As the title of the Direction suggests, it essentially allows judgment creditors…

On May 26, 2015, the law containing the amendments to the Brazilian Arbitration Act (BAA) was finally enacted (Law n. 13,129/2015), almost 20 years after the publication of the BAA. It will soon enter into force, on 27 July 2015. Though Law n. 13.129/15 amended certain provisions of the BAA and introduced some innovations, it…

Vienna can be a confounding place for an outsider. In one moment, the city projects itself confidently into an innovative, international future and yet in the next moment can appear irrevocably bound to traditions. Being forward-minded in dispute resolution, Vienna is host this week to the IBA-VIAC International Mediation and Negotiation Competition, a four-day event…

  On May 22, the new General Organic Code of Processes (GOCP) was enacted (Official Register Supplement N. 506). Excluding constitutional, electoral and criminal matters, the GOCP will regulate all judicial procedures in Ecuador. It is a long expected and generally very welcome reform in the Ecuadorian judicial system. It replaces an outdated spaghetti bowl…

Ever since the EU started to develop its investment policy, anti-ISDS groups started an unprecedented campaign. Indeed, on the very same day (7 July 2010) the European Commission published its first Communication on the EU’s investment policy, the anti-ISDS groups had a 100 page publication ready calling for the dismantling of international investment arbitration. Since…

and Alessa Pang, Rajah & Tann Singapore LLP Arbitrator challenges for inordinate delay can be awkward. However, what happens if the arbitrator decides to render an award before the challenge is concluded? Does rendering the award resolve the matter? Under Article 14(1) of the UNCITRAL Model Law (“Model Law”), an arbitrator’s mandate may be terminated…

In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what may have become the “greatest reform in the history of the country’s judicial system”.1 Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate…

The UAE law on arbitration is contained in a dozen provisions in the UAE Civil Procedures Law. Whilst the law is not long, the provisions can often be overlooked by tribunal’s and counsel. Unfortunately the local courts usually take a strict view as to compliance, as illustrated in a recent decision by the Dubai Court…

As a fitting tribute to the vision of the first dedicated arbitration education institution, the School of International Arbitration (SIA) marked its 30th anniversary with a two day conference looking back and looking forwards. Entitled “The Evolution and Future of International Arbitration: The Next 30 years”, it brought together over 200 graduates, academics and practitioners…

 ‘By putting its head in the sand, the ostrich can see no problems, and if it can’t see any problems, they don’t exist”[1] To what extent can legal systems differ? Can these differences be legitimate enough to collapse a “conflictive” legal system? These two ambitious questions are difficult to be answered in one go, and…

The Court of Arbitration for Sport (CAS) is pleased to host a launch for a new book by Despina Mavromati & Matthieu Reeb, “The Code of the Court of Arbitration for Sport: Commentary, Cases and Materials”. The book comprehensively analyses the rules of the CAS Code within the more general context of international arbitration. Each…

We are pleased to announce the 30th Anniversary of the School of International Arbitration, Queen Mary University of London. To commemorate its anniversary, the School of International Arbitration will be presenting in London a Celebration Conference on the “The Evolution and Future of International Arbitration: The Next 30 Years”. Kluwer Arbitration Blog will be live…

On 12 March 2015, substantial amendments were introduced to the Egyptian Investment Law no. 8/1997 (Investment Law). The amendments generally aim at attracting new investments to Egypt through offering further incentives and guarantees, removing obstacles, and streamlining the procedure. Incentives include, for example, trimming sales tax to 5% from as high as 10%, and setting…

Notwithstanding 2014’s political and constitutional upheavals, arbitration in Hong Kong has continued its successful trajectory as a popular and well-regarded means of alternative dispute resolution. Recent Hong Kong court decisions and developments at the Hong Kong International Arbitration Centre (HKIAC) reinforce the pro-arbitration attitude of the courts and HKIAC’s position as a world-class arbitral institution….

We are pleased to announce the publication of a Model Bilateral Arbitration Treaty for comment by interested governmental, commercial and other parties. Comments can be sent to whbilateral_arbitration_treaty@wilmerhale.com or posted for public review by commenting below. The Model Bilateral Arbitration Treaty (“BAT”) provides a default arbitration mechanism for the resolution of defined international commercial disputes….

and Mona Wright The School of International Arbitration at Queen Mary University of London (QMUL) and White & Case LLP are partnering once again to carry out cutting-edge empirical research in the field of international arbitration. Titled “Improvements and Innovations in International Arbitration”, the 2015 International Arbitration Survey seeks to explore “whether and how international…

The 2014 case of Application for the Recognition and Enforcement of Foreign Arbitral Awards between Beijing Chaolaixinsheng Sports and Leisure Co Ltd and Beijing Suowangzhixin Investment Consulting Co Ltd. The Beijing Chaolaixinsheng case is the first occasion on which China’s Supreme People’s Court (SPC) has confirmed that arbitral awards are unenforceable in China where purely domestic…

As Professor Stacie Strong describes in the conclusion to her impressive work on Class, Mass, and Collective Arbitration in National and International Law, “[t]he last few decades have seen a number of significant shifts in the social, legal, and economic world order, resulting in the increased incidence of large-scale harms in both domestic and cross-border…

We are pleased to announce that ICSID Secretary-General Meg Kinnear will be presenting a lecture on the “Next Generation of Investment Treaties and Their Impact on Investor-Dispute Settlement,” today (February 12) from 5:00 to 7:00 pm Eastern here at Kluwer Arbitration blog. You can watch the recorded presentation here. The event is sponsored by Notre…

By virtue of a recent Decree (see Decree No. (47) of 2014 Reshuffling the Board of Trustees of the Dubai International Arbitration Center, issued in Dubai on 7 December 2014), HH Sheikh Mohammed Bin Rashid Al Maktoum, the Ruler of Dubai, has appointed Dr. Habib Al Mulla, founder of former Habib Al Mulla & Co,…

The Singapore International Mediation Centre (“SIMC”) was officially launched on 5 November 2014. Set up following the recommendations of a Working Group chaired by Edwin Glasgow CBE QC and George Lim SC, the SIMC will supplement the array of international dispute resolution options available in Singapore. Of particular note is the establishment of a new…