Kluwer Arbitration

APRIL 13, 2024

Columbia Arbitration Day (“CAD”) was held on 1 March 2024 at the Skyline Level of Columbia’s Faculty House. Clients see value in AI replacing routine tasks but are skeptical of using it in high-level work, such as in M&A negotiations.

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Kluwer Arbitration

APRIL 11, 2024

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.

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Kluwer Arbitration

JUNE 8, 2024

On 6 June 2024, Hogan Lovells and Twenty Essex co-hosted a London International Disputes Week (“LIDW”) event on the topic “ How Can Investment Protection Contribute to the Energy Transition? “ The event brought together leading experts to discuss the intersection of investment law and the global shift towards sustainable energy.

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Kluwer Arbitration

JUNE 7, 2024

This post summarizes an event hosted by Stewarts LLP as part of the 2024 London International Disputes Week (“LIDW”) on the topic of third-party funding (“TPF”) regulation across various jurisdictions. From the funders’ perspective, Harshiv Thakerar stated that in principle, funders do not attempt to recover more than 50%.

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Kluwer Arbitration

OCTOBER 15, 2024

On 15 October 2024, Norton Rose Fulbright hosted a breakfast panel discussion on the topic of “ Hot Cakes and Hot Takes: Trends and Developments in Asia’s Energy Sector ” in Brisbane as part of Australian Arbitration Week. By contrast, Australian clauses often include a last step of arbitration if a negotiated price cannot be agreed.

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Kluwer Arbitration

FEBRUARY 25, 2024

These model clauses aim to serve as guidance for EU Member States when they negotiate (or renegotiate) their BITs with third countries (extra-EU BITs). This might reflect, as they argued, some sort of recognition that the EU Member States ‘need flexibility when negotiating ISDS’ under extra-EU BITs.

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Kluwer Arbitration

MARCH 20, 2024

One solution is for legal teams to establish record processes at the time contracts are being negotiated. The negotiation team being most of the time different from the executing team, gathering all relevant knowledge about a case or a contract requires an in-house counsel to grab information from other persons involved in the project.

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Kluwer Arbitration

MARCH 20, 2024

Turning to a few trends and developments in the field of ISDS-awards enforcement, Mr Al-Karim first focused on the Micula dispute , observing that the 2024 judgement is part of the EU’s wider struggle with investment arbitration. For example, the way a jurisdiction defines a “State” has very real implications.

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Kluwer Arbitration

NOVEMBER 15, 2024

On October 14, 2024, CAM-CCBC hosted the XI edition of its Arbitration Congress in São Paulo. He presented an overview of the institution’s recent achievements: 100 new arbitrations in 2024 alone, and a significant partnership with JusMundi to publish selected arbitration awards—more on that later.

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Kluwer Arbitration

MARCH 31, 2024

The Supreme Court decision of January 24, 2024 granted the exequatur of a foreign arbitration award and authorized it to be enforced in Chile (the “Decision”). After lengthy negotiations, on June 29, 2020, the parties agreed to annul the Contract, signing an agreement called “Termination and Cancellation Notice”.

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Kluwer Arbitration

AUGUST 4, 2024

Regrettably, this possible dark fate for the ECT materialized on 30 May 2024 with the Belgian presidency’s announcement that the Council reached a political compromise on the ECT, thus breaking the stalemate within the EU, which was also painfully preventing non-EU Parties from proceeding toward its modernization.

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Kluwer Arbitration

APRIL 10, 2024

He further stressed that effective dispute resolution requires more than just legal expertise, demanding sensitivity to the communication styles, negotiation techniques, and decision-making processes shaped by cultural contexts.

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Kluwer Arbitration

MARCH 30, 2024

On 7 March 2024, the National Branch (“ICC Brasil”) and the ICC Court of Arbitration (“ICC Court”) held the 12th ICC Brazilian Arbitration Day (“ICC BAD” or “Conference”) in São Paulo. Federal legislation dictates that, except for cases of willful misconduct and corruption, managers are not held responsible for agreements.

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Kluwer Arbitration

JUNE 15, 2024

At the end of February 2024, the United Kingdom (“UK”)’s Energy Security and Net Zero Minister Graham Stuart announced his country’s decision to withdraw from the Energy Charter Treaty (“ECT”). And so is their interplay (for a more detailed account of the relevant questions, see Kehl & Wuschka, ZEuS 2024 , 59 (67 et seq.)).

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Kluwer Arbitration

SEPTEMBER 3, 2024

In a legal context, elements of emotion AI are already being used in negotiation and mediation processes (e.g., AI-powered chatbots used by Walmart to negotiate with suppliers). In essence, it allows all participants to peep into each other’s ‘heads.’

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Kluwer Arbitration

FEBRUARY 19, 2024

The final texts of the Codes were recently issued in February 2024 ( see the final texts of the Code for Arbitrators here and for the Code for Judges here ). Professor Giorgetti also noted the lengthy negotiation process of the Codes and underscored the potential for divergence in ethical rules arising from their bifurcated nature.

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Kluwer Arbitration

NOVEMBER 13, 2024

On October 2, 2024, the EU General Court delivered a much-anticipated decision in the long‑running Micula saga, upholding the European Commission’s qualification of the award in Ioan Micula, Viorel Micula, S.C. European Food S.A, Starmill S.R.L. Multipack S.R.L. Romania [I] as State aid.

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Kluwer Arbitration

NOVEMBER 16, 2024

The parties’ “war chests” and ever escalating party costs raise questions of equality of arms in the proceedings and affect their willingness to enter into settlement negotiations as well as the terms of such settlement. Costs can also act as a deterrent in arbitral proceedings for sanctioning unwarranted delays.

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Kluwer Arbitration

FEBRUARY 11, 2024

On 22 February 2024, I am pleased to deliver the 6th ADR Address of the Supreme Court of New South Wales , co-organised by the Australian Disputes Centre. Past lecturers have been senior former or serving Australian judges, with some discussing developments in arbitration. Most now answer more affirmatively (see e.g., here ).

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Kluwer Arbitration

JULY 7, 2024

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 ).

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Kluwer Arbitration

SEPTEMBER 22, 2024

This appears to be the new trend, as the India-European Free Trade Association Agreement signed on 10 March 2024 likewise does not contain any provisions granting fair and equitable treatment, national treatment, most-favoured nation treatment, or protection against unlawful expropriation.

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Kluwer Arbitration

SEPTEMBER 14, 2024

However, such developments do open up the possibility of Australia advancing an “investment court” alternative to ISDS when reviewing older IIAs and negotiating new ones. That Committee always comprises a majority of Government parliamentarians so almost always recommends ratification, and that occurred in May 2024.

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Kluwer Arbitration

MARCH 9, 2024

Dr. Björn Etgen (GvW Graf von Westphalen) discussed how the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules 2024 mark a significant step towards the modernisation of arbitration in China.

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Kluwer Arbitration

MAY 4, 2024

Since March 15, 2024, the German Arbitration Institute (DIS) offers a one-of-its kind solution to make third-party notices work also in arbitration: The Supplementary Rules for Third-Party Notices ( DIS-TPNR ). Since March 15, 2024, the DIS-TPNR offer a one-of-its kind solution for this problem.

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Kluwer Arbitration

JUNE 11, 2024

On January 23, 2024, the Paris Court of Appeal (“CoA”) dismissed an action for annulment of an arbitral award on public policy grounds, namely a violation of EU competition law. Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches.

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Kluwer Arbitration

FEBRUARY 8, 2024

What to Expect in 2024? More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 Novalex Inc. Additional 2023 year in review posts are available here.

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Kluwer Arbitration

JULY 15, 2024

Brief Background In a judgment issued on May 27, 2024, the First Branch of the Supreme Court of Iran conducted a substantive retrial of a final decision by the Court of Appeal. In certain cases, the provision is cited not by the state entity involved but by its counter-party.

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Kluwer Arbitration

JULY 17, 2024

In Quaid-e-Azam Thermal Power (Private) Ltd v Sui Northern Gas Pipelines Limited [2024] EWHC 70 (Comm) , a challenge was brought under Section 68 and Section 33 of the English Arbitration Act 1996 (‘ the Act’ ) before Dame Clare Moulder DBE.

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Kluwer Arbitration

NOVEMBER 4, 2024

On 17 and 18 October 2024, the International Chamber of Commerce (ICC) and FIDIC co-hosted the annual ICC FIDIC Conference on International Construction Contracts and Dispute Resolution in Seoul. He concluded by urging FIDIC to provide clearer and fairer guidelines on the issue of concurrent delay. Mr. Kyoungho Kim (Head of Legal, Onejoon Co.,

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Kluwer Arbitration

JANUARY 14, 2024

The amendments will become effective in April 2024. We covered panels that discussed techniques to facilitate settlement in international arbitration , regulation of use of artificial intelligence in dispute resolution , Hong Kong’s ORFSA , and the negotiation and enforcement of investors’ information rights.

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Kluwer Arbitration

JULY 30, 2024

Similarly, the cryptocurrency industry is not shielded from increased regulatory burdens, and Swiss cryptocurrency exchange, Nexo, initiated an arbitration against Bulgaria under the Switzerland-Bulgaria BIT in January 2024, following criminal investigations into the company. a negotiation period, time limitations, or excluded disputes).

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Kluwer Arbitration

OCTOBER 14, 2024

This post addresses the ruling of the Portuguese Supreme Administrative Court (the “STA”) of 5 February 2024, following the appeal submitted in the case no. 0201/23.3BALSB (the “Ruling”).

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Kluwer Arbitration

FEBRUARY 13, 2024

He also mentioned how the European Commission leveraged Achmea and Komstroy (issued during the modernized ECT negotiations) in introducing a disconnection clause prohibiting intra-EU disputes. These three cases will be jointly heard before the DC Circuit Court of Appeals in 2024.

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Kluwer Arbitration

MARCH 20, 2024

On 12 January 2024, the English Court of Appeal issued an important decision on the interpretation of contractual prohibitions on assignment in the context of an insurance subrogation dispute between Mitsui Sumitomo Insurance Co Ltd (“ MSI ”) and Dassault Aviation SA (“ Dassault ”). However, the availability of de novo review under s.

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Kluwer Arbitration

APRIL 1, 2024

As part of the 2024 Paris Arbitration Week (“PAW”), Curtis, Mallet-Prevost, Colt & Mosle LLP hosted a webinar on “Amplifying the Voices of Developing States in ISDS Reform.” Some are negotiating their investment treaties, particularly free trade agreements (“FTAs”), collectively as a bloc to level the playing field.

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Kluwer Arbitration

FEBRUARY 14, 2024

IIAs and Model Agreement Drafting Trends As of January 2024, UNCTAD reports 21 IIAs (encompassing both investment treaties and investment chapters in free trade agreements) were signed in 2023; 10 currently have publicly available texts. We conclude with thoughts on what this could mean for the years ahead. None are currently in force.

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Kluwer Arbitration

OCTOBER 11, 2024

In its decision of April 12, 2024, the Regional Court of Essen (‘Court’) ruled that it does not interpret the aforementioned CJEU case law to state that German courts must prevent the enforcement of this kind of arbitral awards outside of the EU (here: in the U.S.). Hellenic Public Properties Co. HPPC), Supreme Court of Greece, Decision No.

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