Brazil, Brazilian Arbitration Act, Impartiality, Independence, Independence and Impartiality, Latin America

(Independent Arbitration Lawyer)/ /Leave a comment

Under article 14, §1 of the Brazilian Arbitration Act (“BAA”), arbitrators bear the duty to disclose “any circumstances likely to give rise to justifiable doubt as to their impartiality and independence”. Because the concept of “justifiable doubt” is subjective, Brazilian jurisprudence often features incohesive and contradictory understandings of the scope and effects of such duty vis-à-vis…

Emergency Arbitrator, English Arbitration Act, English Law

(Khan Saifur Rahman & Associates)/ /Leave a comment

Following the recommendations of the Law Commission of the UK (here, here and here), the English Arbitration Act 1996 (EAA) is presently undergoing a substantial reform phase after nearly 27 years. The Arbitration Bill is now before the House of Lords. As appears from the Arbitration Bill and the Commission’s recommendations, the English arbitration law…

Green Arbitration, Green pledge, Green protocols

(Sopra Legal) and (Covington & Burling LLP)/ /Leave a comment

As citizens of more than 190 countries unite to commemorate Earth Day on 22 April, the Campaign for Greener Arbitrations (“CGA”) continues to progress its mission to guide the international arbitration community towards more sustainable practices. This year marks a milestone for the CGA as it celebrates the fifth anniversary of the Green Pledge. In…

Bahrain, Middle East

(Judicial and Legal Studies Institute (JLSI), Kingdom of Bahrain)/ /Leave a comment

The Bahrain Court of Cassation (“COC”) in Case No. 53 of 2021 clarified the uncertainty surrounding the enforcement of foreign arbitral awards. The COC in this case established an expedited enforcement process of arbitral awards in Bahrain and confirmed that a decision of the Bahrain Court of First Instance (“CFI”) granting the enforcement of an…

European Investment Law and Arbitration Review

(School of International Arbitration, Queen Mary University of London (QMUL)) and (NL-Investmentconsulting)/ /Leave a comment

We are delighted to present the first issue of the ninth volume of the European Investment Law and Arbitration Review (EILA Rev). Regular readers will notice four significant changes: First, there is a new cover; second, there is a new publisher – we are delighted to work with Kluwer on this and the fact that…

Corporate, Due Diligence, Human Rights, International Investment Law

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Supply Chain Due Diligence (“SCDD”) laws, such as the German Lieferkettensorgfaltsgesetz, the recently approved EU Corporate Sustainability Due Diligence Directive, or the U.S. Uyghur Forced Labor Prevention Act (“UFLPA”), represent a pivotal step toward fostering ethical supply chains, underscoring the shared responsibility of states and corporations in combating human rights violations. As an advocate for…

Arbitration Act, Arbitration Reform, Latvia

, (Sorainen)/ /Leave a comment

Latvia’s status as the arbitration unicorn remains undisputed after nearly ten years since adopting the country’s first Arbitration Law (“Latvian Arbitration Law”). In February 2024, the overly liberal Latvian regime resulted in 57 arbitral institutions. This record-high number, however, is considerably less than the 214 arbitral institutions in Latvia in 2013. Although advertised by the…

ArbitrateAD, Arbitration institution, DIAC, Dubai, Middle East, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Singapore, United Arab Emirates

, , (Al Tamimi & Company)/ /Leave a comment

In September 2021, the United Arab Emirates (“UAE”) issued Decree No. 34 of 2021 (“Decree 34”) by which the DIFC Arbitration Institution, the administering body of the DIFC-LCIA arbitration centre (“DIFC-LCIA”) was abolished with immediate effect, and all its obligations, rights, and resources were assigned to the Dubai International Arbitration Centre (“DIAC”). Decree 34 also…

Counterclaims, ESG, ISDS

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

For decades, modern international investment law and arbitration have provided both the procedural mechanisms and substantive grounds for States to advance counterclaims in such proceedings. Coupled with the increased inclusion of provisions on the State’s right to regulate and provisions concerning the substantive areas of environmental, social, and governance (“ESG”) in the latest generation of…

Africa, Climate change, Dispute Resolution, Energy, LCIA, Uncategorized

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The global fight against climate change demands a swift transition to cleaner energy sources. Underscoring this urgency, the 28th Conference of the Parties of the United Nations Framework Convention on Climate Change (also known as the “Paris Agreement”) (“COP 28“), held in Dubai in November 2023, called for ambitious goals. At this conference, nearly 200…

ADGM, ArbitrateAD, Costs in arbitral proceedings, CRCICA, Dubai, ICC Rules, LCIA Rules, MENA, SCCA, SIAC, UAE, UAE Federal Arbitration Law

, (Galadari Advocates & Legal Consultants)/ /1 Comment

On 5 February 2024, the Dubai Court of Cassation (“DCC”) issued a judgment in Commercial Case No. 821/2023 (“DCC Judgment”). It upheld an earlier judgment of the Dubai Court of Appeal (“CoA”) which set aside an arbitration award issued under the ICC Rules of Arbitration  2021 (“ICC Rules 2021”) in part concerning the recovery of…

Conference, International arbitration

(Chaffetz Lindsey LLP)/ /Leave a comment

Columbia Arbitration Day (“CAD”) was held on 1 March 2024 at the Skyline Level of Columbia’s Faculty House. CAD is notable as an entirely student-organized event on the international arbitration calendar. The first panel, moderated by Professor Alejandro Garro (Columbia Law School), aimed to identify an effective toolkit for managing evidence in construction cases, which…

Brazil, Latin America

(Manesco, Ramires, Perez, Azevedo Marques Sociedade de Advogados)/ /Leave a comment

In October 2023, the Law 14,711/2023 was sanctioned, aimed to establish new rules on foreclosures, seizures, mortgages, and transfers of properties to settle debts, by amending certain sections of Law 8,935/1994 (which regulates notary and registration services). Some argue that the inclusion of a legal provision authorizing public notaries to act as arbitrators had two…

Arbitration Tech Toolbox, Arbtech, Deepfakes, Technology

(ArbTech)/ /1 Comment
ArbTech

Most of you will be familiar with ChatGPT and some will even be familiar with Midjourney and Stable Diffusion, but the recent launch of another type of Generative AI service has flown under the radar in the wider media as of now. However, it poses some of the most important practical and conceptual questions as…

Entertainment, Negotiation, sociology of international arbitration, Technology

, , , , (Sandra Day O’Connor College of Law)/ /Leave a comment

On January 11, 2024 the Sandra Day O’Connor College of Law at Arizona State University hosted the sixth annual Schiefelbein Global Dispute Resolution Conference.  Like the past iterations of this conference, the program featured top lawyers, mediators, arbitrators, academics, and leaders of arbitration institutions discussing timely issues in international dispute resolution.  This blog post recaps…

California International Arbitration Week, China, Shanghai International Arbitration Center

(Pepperdine Caruso School of Law)/ /Leave a comment

During the California International Arbitration Week, held in San Francisco, California, on March 11-14, 2024 (full schedule), the Shenzhen Court of International Arbitration (SCIA) presented a panel on U.S.-China commercial dispute resolution. The panelists included Dr. Liu Xiaochun (President, SCIA), Guoyong Huang (Director of the International Cooperation and Development Department, SCIA), Peter Neumann (Arbitrator; Adjunct…

Asia, Paris Arbitration Week

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Paris, amidst its annual Arbitration Week in 2024, saw the convergence of arbitration practitioners and enthusiasts at the Hyatt Paris Madeleine for the conference “The Rise of Arbitration in Asia,” a testament to the region’s expanding arbitration influence, convened by Rajah & Tann Asia. The discussion was marked by the presence of distinguished legal professionals,…

California International Arbitration Week

(Quandary Peak Research)/ /Leave a comment

In a world where trade tensions and geopolitical pressures are increasingly shaping the landscape of international relations, particularly between the U.S. and China, the panel “Arbitrating in Time of Trade War” brought together a distinguished group of experts to explore the complexities and evolving dynamics of international arbitration. The panel featured insights from Luke Sobota…

CJEU, Corruption, Enforcement, Immunity, Intra-EU ISDS, Investment Arbitration, Paris Arbitration Week, Public Policy

, , (Curtis, Mallet-Prevost, Colt & Mosle LLP)/ /Leave a comment

As part of 2024 Paris Arbitration Week, Curtis, Mallet-Prevost, Colt & Mosle LLP hosted a webinar on “Swords and Shields: Navigating Current Trends in Enforcing Arbitral Awards.” The event featured Sebastiano Nessi, Loujaine Kahaleh, and Juan Perla, and was moderated by Geoffroy Lyonnet. The panel examined recent trends in the enforcement of arbitral awards, starting…

CJEU, EU Competition Law, EU Law, ISU v Commission, Sport arbitration

(Landolt & Koch)/ /Leave a comment

On 21 December 2023 the Court of Justice of the European Union (“CJEU”) handed down its decision in Case C-124/21 P, International Skating Union v. European Commission. The CJEU agreed with the 16 December 2020 judgment of the General Court of the EU (“GCEU”), and with the  European Commission in CASE AT. 40208 International Skating…

Bolivia, Illegality, Investor-State arbitration, Latin America, Unclean Hands

(Dentons Guevara & Gutierrez)/ /Leave a comment

For several years, the uncertainty of the (un)clean hands principle has been subject to debate due to the diverse approaches taken by arbitral tribunals. However, in September 2023, the tribunal in Glencore Finance (Bermuda) Ltd. v. The Plurinational State of Bolivia (PCA Case No. 2016-39) may have indirectly settled the uncertainty. The case proposes a…

Enforcement, India, New York Convention

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The Territorial Reservation under Article 1(III) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“Convention”) presents an interesting conundrum. Despite widespread acceptance of the Convention, the Territorial Reservation continues to be a domestic limitation on the Convention’s applicability. In this post, we analyse how the Territorial Reservation ought…

Appeal, Arbitral seat, Hong Kong, Interim measures, Jurisdiction, Singapore

, (Allen & Overy LLP)/ /Leave a comment

Hong Kong and Singapore often take the top spots as the preferred arbitral seats in Asia and globally.1)See for instance the 2021 and 2018 Queen Mary University London International Arbitration Surveys. Hong Kong and Singapore rank top three as the most preferred seats in the 2021 survey, and top three in the 2018 survey. These…

Climate change, Investment Arbitration

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On the 7th of March, Wolters Kluwer hosted a webinar to mark the launch of the book Investment Arbitration and Climate Change, edited by Anja Ipp and Annette Magnusson (co-founders of Climate Change Counsel) and published by Wolters Kluwer in January 2024. The webinar featured four of the book’s contributing authors: Caline Mouawad (Partner at…