Kluwer Arbitration

JANUARY 7, 2024

In 2023, the United States courts expanded the role of international arbitration under existing law and wrestled with the application of new arbitration law and fact patterns. 2023) and Yegiazaryan v. 2023) , which harmonized U.S. This post reviews some highlights and looks forward to developments anticipated during 2024.

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Kluwer Arbitration

JANUARY 14, 2024

Developments in Arbitration-Related Law and Institutions In 2023, our Blog covered shifts within arbitration-related laws and examined novelties in institutional rules, offering insights into the evolving landscape of international arbitration in East and Central Asia. The amendments will become effective in April 2024.

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Kluwer Arbitration

DECEMBER 28, 2023

The Draft Code of Conduct for Arbitrators in International Investment Disputes was adopted by UNCITRAL in July 2023. This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. It has been prepared to address the major concerns in investment disputes and ensure reform of the ISDS system.

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Kluwer Arbitration

JANUARY 26, 2024

This post provides a recap of notable arbitration-related developments in France in 2023. However, 2023 saw a trend towards the restriction of the scope of this control. On a separate note, in 2023, a number of French investors lodged investment claims against Spain , Morocco , Qatar , and Senegal. In Al-Kharafi v.

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Kluwer Arbitration

DECEMBER 23, 2023

The third edition of the annual Uzbek Arbitration Week (UzAW 2023), held in Tashkent, Uzbekistan between 10-15 September 2023, continued its mission to establish Uzbekistan as the preferred seat for arbitral proceedings in the CIS region and beyond. This post provides an overview of the key highlights from the event.

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Kluwer Arbitration

FEBRUARY 8, 2024

In 2023, Canadian courts were called to rule on a multitude of fascinating issues, including distinguishing arbitration from expert determination ( Clearspring Capital Partners II v. In addition to judicial developments, several initiatives and events enriched 2023. Additional 2023 year in review posts are available here.

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How to Crack a Nut

NOVEMBER 17, 2023

However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.

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Kluwer Arbitration

NOVEMBER 4, 2023

The Singapore International Arbitration Centre (SIAC) returned to Manila in full force in 2023. SIAC appears to be on the frontlines of influencing this progress, having administered cases involving 169 parties from the Philippines with a total sum in dispute in excess of SGD 5 billion in the last five years.

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Kluwer Arbitration

DECEMBER 30, 2023

On 23 November 2023, Young Arbitrators Sweden (YAS) held its fifteenth annual Arbitration Day (Sw. The influence of counsel was often more discernible in written witness statements than oral evidence. skiljeförfarandedagen ) at the historic Central Post Office Building (Sw.

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Kluwer Arbitration

DECEMBER 14, 2024

Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted. 2023 (Singapore: World Scientific Publishing Co Pte Ltd. Kamnani : Contemporary Issues in Mediation: Volume 8 edited by Joel Lee et al.,

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Kluwer Arbitration

MARCH 25, 2024

In 2023, Mongolia held extensive consultations on the draft laws, deepening its engagement with stakeholders and demonstrating a commitment to transparency. These reforms centered on state involvement and equity participation in strategic mineral deposits, and increased national benefits from its rich mineral resources.

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Kluwer Arbitration

SEPTEMBER 30, 2023

Factors influencing these choices include the backing of a robust and pro-arbitration judiciary, comprehensive legislative frameworks, and legal predictability. They further predicted an uptick in construction, ESG, and technology disputes across these regions.

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Kluwer Arbitration

OCTOBER 4, 2024

Recent developments, such as potential statutory adjustments in England and Wales influenced by recommendations from the English Law Commission, underscore the need for clarity in governing law determinations. However, in 2023, the Court of Cassation finally reversed its jurisprudence.

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Kluwer Arbitration

JUNE 7, 2024

The outcome of these cases will significantly influence the role of sanctions in arbitration and reshape the broader legal framework that governs these disputes. Judicial Developments Ongoing legal proceedings in the UK and beyond highlight the evolving landscape of sanctions in arbitration.

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Kluwer Arbitration

SEPTEMBER 29, 2023

The Singapore International Arbitration Centre (“SIAC”) held the SIAC Symposium , its flagship conference, during the Singapore Convention Week on 28 August 2023. It focused on the Draft SIAC Rules, for which there is a public consultation until 21 November 2023.

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Kluwer Arbitration

JANUARY 31, 2024

In April 2023, Sir Geoffrey Vos, Master of the Rolls of England & Wales gave the annual McNair Lecture when he spoke on the future of London as a pre-eminent dispute resolution centre. Crypto, block-chain and AI technology will all influence business transactions over time, meaning the type of disputes will evolve.

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Kluwer Arbitration

JULY 30, 2024

Amid concerns over the influence tech companies wield, States are starting to insulate their economies from perceived foreign risks of influence, while seeking to champion home-grown tech juggernauts. These changes have profound political, economic, and societal implications.

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Kluwer Arbitration

JANUARY 22, 2024

The Bahrain Court of Cassation (“Court of Cassation”) recently examined the relationship between arbitration and a pre-required mediation step in its decision of 19 June 2023 in Case No. This understanding may influence the way courts interpret the parties’ agreement in cases of doubt. 815 of 2022.

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Kluwer Arbitration

AUGUST 23, 2024

22-mc-80313-VKD, 2023 U.S. June 5, 2023 ), the court ruled that arbitration was proper for the parties. Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. In Fujitsu Semiconductor Ltd. Cypress Semiconductor Corp., LEXIS 97717 (N.D.

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Kluwer Arbitration

DECEMBER 15, 2023

The divergent conclusions reached in these decisions invite an analysis of the principled bases of this remedy and how they influenced their outcomes. On 11 October 2023, the Court of Appeal published its full reasons for allowing an appeal from Bright J’s judgment, in Deutsche Bank AG v RusChemAlliance LLC [2023] EWCA 1144 ( DBAG ).

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Kluwer Arbitration

JUNE 15, 2024

In already formally notifying its withdrawal, the UK has therefore put itself into a position where it can no longer influence which version of the ECT it will sail into the sunset. Hence, a continuity of binding obligations could only be established with respect to the treaty prior to its modernization.

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Kluwer Arbitration

SEPTEMBER 2, 2024

The Arbitrator issued two awards: a Liability Award on November 24, 2023, and Costs Award on January 10, 2024, in the Applicant’s favour (together the “ Award ”). There is, therefore, no evidence of any relationship between Firm Capital and the Respondent while the Loan was outstanding that would have influenced the Arbitrator.

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Kluwer Arbitration

JANUARY 23, 2024

The 2023 SCCA Arbitration Rules (commented on in a previous blog post ) increased the threshold amount in dispute for expedited proceedings to approximately USD 1.07 Time will tell how this competitive environment will influence the performance and appeal of these institutions on the international stage. 34 of 2021 (“ Decree No.

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Kluwer Arbitration

NOVEMBER 14, 2023

Perhaps, underneath all the arbitral extravagance and incalculable network of disturbing corruption lurks a least appreciated cultural milieu worth $11 billion dollars. On October 23, 2023, in the Federal Republic of Nigeria v. Process & Industrial Development , para. Process & Industrial Development , paras. 158-80, 228-306).

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Kluwer Arbitration

DECEMBER 7, 2023

In August 2023, the Institute for Transnational Arbitration (“ITA”) published the “Final Report and Recommendations of the ITA Caribbean Task Force” (“ Report ”). There is also the influence of the socialist legal tradition on the legal system in Cuba. The Task Force, when the Report was published, consisted of Calvin Hamilton and Hon.

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Kluwer Arbitration

JUNE 5, 2024

Paulsson further emphasized the need to maintain ethical standards and avoid the pitfalls of professionalizing arbitration too much, which could lead to a system where decisions are influenced by factors other than merit. Complementing this, the Commercial Transactions Law addresses specific commercial activities.

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Kluwer Arbitration

APRIL 1, 2024

Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving the way for the re-legitimization of an inherently flawed system. Canada and E.U.

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Kluwer Arbitration

APRIL 1, 2024

Analysing the sector-specific trends in arbitration from 2017 to 2023 reveals a dynamic shift in the nature of disputes being addressed. The event also delves into technology’s influence on arbitration, challenges in award enforcement, and the dynamics of international treaty arbitration from an African perspective.

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Kluwer Arbitration

AUGUST 29, 2024

For example, the WIPO Arbitration and Mediation Center, which specializes in the resolution of IP and technology disputes, has recently seen a significant increase in cases – from 71 new cases in 2014 to 679 new cases in 2023.

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Kluwer Arbitration

APRIL 1, 2024

South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders. From 2009 to 2017, a total of 21 international arbitrations were registered. Recent rulings further affirm this commitment.

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Kluwer Arbitration

FEBRUARY 24, 2024

Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. The availability of ISDS significantly influences investors’ decisions. At least not explicitly. The same holds true for IIAs, which are state-to-state endeavors.

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Kluwer Arbitration

SEPTEMBER 22, 2024

These policy objectives were already reflected in Angola’s National Development Plan for 2018-2022 , and were again reflected in the National Development Plan for 2023-2027. Its focus on sustainability, transparency, and problem-solving represents a new approach that could influence the future of investment agreements worldwide.

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Kluwer Arbitration

APRIL 15, 2024

Underscoring this urgency, the 28 th 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. She traced its evolution from wood and coal (e.g.,

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Kluwer Arbitration

APRIL 22, 2024

On 28 November 2023, Justice Humberto Martins, from the Superior Court of Justice (“STJ”) issued a new decision on the duty to disclose. More recently, and after the arbitration was concluded, he was reported to have served as Previc’s chief attorney from April to November 2023. São Paulo: Revista dos Tribunais, 2023.

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How to Crack a Nut

MARCH 10, 2023

And there are attributes or properties influencing the interpretability of a model (eg clarity) for which there are no evaluation metrics (yet?). Public procurement is thus increasingly expected to play a crucial gatekeeping role in the adoption of digital technologies for public governance and the delivery of public services.

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Kluwer Arbitration

MARCH 21, 2024

The ICC’s statistics for 2023 have yet to be published. However, receiving an extended OFAC license in 2023 covering certain sanctions against Russia has greatly facilitated the ICC’s administration of these cases and allowed them to proceed. of the ICC’s total caseload.

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Kluwer Arbitration

SEPTEMBER 27, 2024

Justice Cueva emphasized CBAr’s pivotal role in promoting a dialogue between public and private sectors, citing the 2023 “Arbitration and Judiciary” event at the STJ as an example. In closing, Professor Armesto predicted that arbitration would become increasingly influenced by climate change concerns.

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