Since 2011, Myanmar has seen a renewed effort at reforming its political, social and economic landscape. As part of the reforms, on 15 July 2013, Myanmar formally acceded to the New York Convention 1958. Myanmar had however not enacted local legislation or revised its archaic Arbitration Act of 1944 to give effect to its international…

By: Katherine Jonckheere and Mehreen Imtiaz Five years after the UK Supreme Court handed down its infamous decision in Dallah v. Pakistan, UK Supreme Court Justice Lorde Mance has shed new light on the ‘pathological’ case. To recall, the arbitral tribunal in the Dallah case faced a jurisdictional challenge which questioned whether the Government of…

The Arbitration and Conciliation (Amendment) Act, 2015 was passed by the Lok Sabha and Rajya Sabha on 17 December 2015 and on 23 December 2015 respectively and received the President’s assent on 31 December 2015. It was notified on 1 January 2016 and is deemed to have come into force on the 23 October 2015….

The 3rd Annual Joint Conference on International Energy Arbitration, co-hosted by the Institute for Transnational Arbitration (ITA), the Institute for Energy Law (IEL), and the International Court of Arbitration of the International Chamber of Commerce (ICC), took place on January 14-15, 2016, in Houston, Texas. Under the guidance of conference co-chairs C. Mark Baker (Norton…

Investing internationally is all about taking risks. Risk-taking is essential to survive in today’s business world, where competitors, rivals, challengers, in all sectors of the economy, are growing like mushrooms. One needs to take risks to stand out from the rest. Foreign investors are at the center of our economies and appear as key actors…

Overview On 1 August 2015, the new National Civil and Commercial Code (the “Code”) entered into force in Argentina. Articles 1649 to 1665 of the Code incorporate the new regulations governing arbitration. Although not expressly stated, it may be understood that it applies to both domestic and international arbitration. In accordance with the Argentinian federal…

A July 2015 decision of the Superior Court of Justice of Madrid (Tribunal Superior de Justicia), the competent court to decide on the setting aside of an award when the seat of the arbitration is Madrid, declared non-arbitrable a controversy between two multinational Spanish operators in the natural gas sector. The dispute arose over the…

By: Kiran N. Gore and Alexandros Diplas The Blog recently featured a book review of the recently published Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, edited by Professor Chiara Giorgetti of University of Richmond Law School. This review was a timely follow up to the December 10, 2015 book launch…

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. On 12 November 2015, the European Commission rendered public and put on the negotiation table with the United States a proposal regarding the investment chapter of…

As we settle in to enjoy the delights of the season and mark the end of another calendar year, we might ponder: What if Charles Dickins’ Ghost of Christmas Present went back to visit the international arbitration practitioners of 1995? The specter’s account of international arbitration today would certainly be unbelievable to our professional predecessors…

Challenges of arbitrators seem to have become increasingly common in international investment arbitral proceedings, yet they also seem to be seldom successful. Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, a new edited volume by Chiara Giorgetti, analyses arbitrators and judges’ challenges and addresses some fundamental, related questions: What does the…

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s chambers. The legal landscape in Latin America is rapidly changing. Not only has Latin America more bilateral Trade Agreements than any other region in the world, but it…

by Gary Born, Wilmer Cutler Pickering Hale and Dorr LLP Preliminarily, I am delighted to report on the publication, this month, of the Second Edition of International Arbitration: Law and Practice (2d ed. Kluwer 2015).  For readers who are interested in the book, click here. More importantly, I am also delighted to report, in my…

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. A few weeks ago, a small team of educators gathered in Phnom Penh for the second Vis East Moot Foundation1 Capacity Building Programme  (VEMF-CBP) for Cambodian law…

The issue of transparency is hardly a new topic in legal scholarship addressing international arbitration. Last year, in an important contribution to this blog, Loukas A. Mistelis broke with the conventional wisdom that investor-state dispute settlement, or ISDS, is in need of court-like transparency, arguing that extending court-like transparency to arbitration “would not benefit the…

“ISDS” (short for “investor-state dispute settlement”) was a less-known acronym some years back. Now, it has been given an increasingly bad name, no doubt fuelled by Vattenfall’s claim against Germany following the shutting down of its nuclear plants after the 2011 Fukushima disaster, tobacco giant Philip Morris’ high profile claims arising from Australia’s plain-labelling laws,…

Drafted by HSF Partner, Mathias Wittinghofer, and Associates, Tilmann Hertel and Nils Kupka, from HSF’s Frankfurt office In 1999 Germany adopted the UNCITRAL Model law on International Commercial Arbitration (“ML”), but with a material addition: German law stipulates that prior to the constitution of the arbitral tribunal an application can be made to a German…

On 19 October 2015, the Hong Kong Law Reform Commission published a Consultation Paper recommending that third party funding should be permitted for arbitrations in Hong Kong. The Paper invites public comment on the recommendation, and how third party funding should be adopted in Hong Kong. A link to the paper can be found here….

Queen Mary University of London & Wilmer Cutler Pickering Hale and Dorr LLP Volume 32 (2015) Issue 5 contains: ARTICLES SECTION Seung CHONG & C.L. LIM, The Convergence of China’s Foreign and Domestic Investment Regimes and China’s Investment Treaty Commitments Abstract: The Ministry of Commerce of the People’s Republic of China (PRC) has issued a…

Queen Mary University of London & Wilmer Cutler Pickering Hale and Dorr LLP The Journal of International Arbitration was created over thirty years ago to “exchange ideas, share experiences and learn from each other of the practical problems encountered in arbitration proceedings”.  Since then, the issues raised in, and problems faced by, the international arbitration…

for YSIAC In an age of ever-increasing complexity, where your watch can open your garage and answer your phone (yes, the Apple watch can really do that), many of us in the international arbitration community have lost sight of the most powerful weapon in the advocate’s toolbox: simplicity. A previous post on this blog eloquently…

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or ICC, the Court or its Secretariat. Hypochondria is defined as an excessive preoccupation with one’s health, usually focusing on some particular symptom. Could excessive preoccupation about the place of arbitration…

and Katherine Bell, Schellenberg Wittmer In decision 4A_554/2014 dated 15 April 2015, the Swiss Federal Supreme Court considered an application to set aside an award on the ground of violation of the right to be heard where the sole arbitrator had based her award on a legal concept that had not been explicitly pleaded by…

Background Article 399A included in the Criminal Law of People’s Republic of China, provides for criminal liability to arbitrators for “perversion of law” (Wangfa Zhongcai Zui). The provision has been a Part of the Criminal Law since 2006. However, on 24 June 2015, the Supreme People’s Court (‘SPC’) and the Supreme People’s Procuratorate (SPP) of…