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On 27 June 2024, the United Kingdom (“UK”) ratified the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“2019 Hague Convention” or “Convention”), with 1 July 2025 being the expected date of its entry into force in England and Wales.
Legal scholars and courts debated whether public entities needed explicit legislative authorization to arbitrate or whether the state’s capacity to contract inherently allowed for arbitration. decided by the STJ in 2019. Over time, case law evolved to allow state-owned enterprises to bring property-related claims to arbitration.
Part I focuses on the scope of arbitration clause and its validity in the context of a party’s (in)capacity of discernment, as well as on the new developments regarding res iudicata. Part II explores new case law on the enforcement of arbitral awards. Please see Part II for further developments in 2023.
Over our last strategy from 2019-2023, we estimate that our work had an indirect positive impact on an estimated 209 million lives and US$116 billion dollars of public spending. Our bold new target firmly centers our work on this theme for the next six years. Open contracting has been the gift that keeps giving.
In 2024, we look towards implementation of the resolution and participation at the International Anti-Corruption Conference (IACC) in Lithuania this summer. Organizations we work with more as allies, advocates, or co-implementers may not be seeking capacity-building support from us in the first place.
Unlike some of the other instruments discussed in the Working Group, the idea of an advisory centre enjoyed general support among delegations from the start (Working Group III, October 2019 Session Report , para. 28, and September 2022 Session Report , paras. The advisory centre is billed as a response to these concerns. 43 and 85).
Bayzakova in 2019 , the TIAC has played a leading role in advancing arbitration in Uzbekistan and has also hosted successful Uzbek Arbitration Weeks since 2021. The TIAC has also been actively involved in capacity-building efforts to support the development of the legal profession in Uzbekistan. Since the last interview with Ms.
In the first twelve months since the passage of the IRA, the capacity of all CCUS facilities under development grew globally to over 420 million tons, an increase of more than 40%. This facility, scheduled to begin operations in 2024, will have sufficient storage capacity to offset the equivalent of 750,000 car emissions per year.
She examined in what manner small states have been (i) accessing courts to get them to address climate change in international law; (ii) shaping the legal landscape and the law in so doing; and (iii) considering international law’s capacity to provide actual legal remedies. All are available to watch in full here.
The LACIAC Board of Directors, through its technical committees, strives to build capacity in different sectors including energy, construction, finance and technology, international trade, telecoms, media and entertainment, MSMEs, among others. in infrastructure projects. Past interviews are available here.
Amongst others, I faced several criminal charges in 2019 relating to certain acts allegedly committed during my earlier tenure as Director of AIAC. I am gratified to be back at the helm of AIAC five years after my previous tenure. As your readers may be aware, the past few years have been challenging for me.
Kingdom of Spain , involves two Dutch companies that obtained the EUR 291 million International Centre for Settlement of Investment Disputes (“ICSID”) award in 2019, with the arbitral tribunal finding that Spain breached its fair and equitable treatment obligations under the ECT. The first case, NextEra Energy Global Holdings B.V.
In April 2019, LARAH initiated an ICSID arbitration against Uruguay alleging the State’s breach of the Treaty, specifically breaches to the fair and equitable treatment standard (“FET” – Art. of the Treaty) and an indirect expropriation of its investments (Art. of the Treaty). Non-official English translation) (Award, para.
The government attorney, appointed as arbitrator by Petros, had previously acted under several capacities, between 2010 and 2015, at the governmental entity Superintendência Nacional de Previdência Complementar (“Previc”). In addition, given the involvement of a government attorney in this case, Laws n. 73/1993 and n.
On 8 April 2024, following lengthy discussions dating back to 2019, the UNCITRAL Working Group III (“WGIII”) completed the draft statute of an advisory centre on international investment dispute resolution (“Advisory Centre”) (see previous coverage ).
Arbitrability in French law Under Article 2059 of the French Civil Procedural Code (“FCPC”), parties do not have the free disposal of all their rights: unavailable rights cannot be arbitrated, especially “ questions of status and capacity of a person ”, and “ those relating to divorce and legal separation ” ( Article 2060 of the FCPC ).
Various other initiatives have been set in motion such as the establishment of the Africa Arbitration Academy to provide training to arbitration practitioners in Africa and accelerate capacity building.
Absent agreement on a tribunal, the claimants applied to the Madrid Superior Court (MSC) which in 2019 appointed Dr. Gonzalo Stampa as sole arbitrator. He advises and appears for Malaysian State entities in arbitral and litigation matters and is involved in a limited capacity in the Sulu dispute. Dr. Stampa determined a Spanish seat.
One significant development in recent years is the 2019 Mainland China-Hong Kong Arrangement for Interim Measures, which enables parties to Hong Kong-seated, HKIAC-administered arbitrations to apply for interim measures from Mainland Chinese courts and is not available if arbitrations are seated in any other foreign jurisdiction.
The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. This post reflects the views of the author in her personal capacity only and not necessarily those of Italy of which she currently acts as representative at UNCITRAL WG III and OECD.
For example, Schedule 5 of the Russia (Sanctions) (EU Exit) Regulations 2019 only allows the usage of a frozen asset to satisfy an arbitral award if the award had been rendered before the concerned party was sanctioned, while in the EU, authorization from national competent authorities must be obtained, on top of satisfying various conditions.
Enhancing the transparency of government in general and of public procurement processes in particular has been increasingly on the agenda of governments, civil societies and businesses as evidenced by initiatives such as the Open Government Partnership which has seen 70 OGP members making 189 open contracting commitments by March 2019 [1].
It was a dynamic period there—the caseload grew from 17 cases when I started in 2008 to over 150 when I left in 2019. I had so many incredible opportunities to work on cutting-edge and complex cases with world-class arbitrators, including the Yukos , South China Sea , and Bangladesh Accord arbitrations. Past interviews are available here.
First, the anonymity of metaverse users makes it difficult to ascertain the users’ legal capacity to enter into an arbitration agreement as per the applicable law. Second, user-platform disputes may involve arbitration clauses which are one-sided in nature or unconscionable, especially in the business-to-consumer context.
While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s ‘ SIAC Manila Conference 2023: Deep Dive into Arbitration Trends ’ held on 25 May 2023 attracted more than 800 registrants, and SIAC had to cap the conference attendees at 500 practitioners, government representatives, and in-house counsel.
Since 2019, Working Group (“WG”) V of UNCITRAL has been working on the adoption of a choice of law instrument that regulates the law applicable to the international effects of insolvency proceedings. The project seeks to include a rule on the law governing the impact of insolvency in arbitration.
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