The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for East and Central Asia. Experience and knowledge in international arbitration in, and related to, Korea is required, and broader expertise in the regions is a plus. The Assistant Editor reports directly to the coordinating Associate…
In a recent judgment dated 14 March 2024, European Commission v UK Case C-516/22, the Court of Justice of the European Union (“CJEU”) ruled that the UK failed to comply with its obligations under EU law (the “CJEU Judgment”). A casual reader may wonder how this could be. After all, the UK officially left the…
On April 9, 2024, the European Court of Human Rights (“Court” or “ECtHR”) delivered its highly anticipated ruling in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (“KlimaSeniorinnen”), holding that Switzerland had breached the European Convention on Human Rights (“Convention” or “ECHR”) by taking inadequate action on climate change. Two other climate-related cases that were decided the…
On 28 December 2023, the Supreme Court of the Commonwealth of the Bahamas (the “Court”) delivered a consolidated judgment in Gabriele Volpi v. Delanson Services Limited & 2 others and Delanson Services Limited v. Matteo Volpi and 2 others (“Judgment”), resolving a longstanding trust dispute between Italian-Nigerian billionaire, Gabriele Volpi (“Gabriele”) and his son, Matteo…
2023 saw India take focused steps to strengthen and fortify its stand as a champion of arbitration, promoting a hands-off judicial approach in favor of arbitral autonomy. The year started with the Indian Supreme Court’s first step in NTPC Limited vs SPML Infra Limited, where the Supreme Court categorically held that a tribunal is the…
This article discusses the approach taken by the High Court of Fiji (“Court”) on the oft written about topic of whether failure to adhere to a multi-tiered dispute resolution clause is an issue of jurisdiction or admissibility. As previously reported, last year, in Housing Authority v Top Symphony [2023] FJHC 301 (“Top Symphony”), the Court…
Introduction This article explores the latest development of the People’s Republic of China’s jurisprudence regarding asymmetrical arbitration agreements. (Cambodia) Fiber Optic Communication Network Co., Ltd. v. China Development Bank (2022) Jing 74 Min Te No. 4 (“Fiber Optic v. CDB”), a recent case adjudicated by the Beijing Financial Court in October 2022 and made public…
The second front can open in the United States (“U.S.”) for over 50 investment arbitration claims against the Kingdom of Spain (“Spain”) that are worth hundreds of millions of U.S. dollars combined. The ongoing disputes spotlighted the continuing controversy between the decisions of the European Union’s (“EU”) highest court and international investment tribunals. The cases…
There has been a requirement in the United Arab Emirates (“UAE”) for witnesses to take an oath when giving their testimony in arbitration proceedings. Awards that relied on testimonies of witnesses who had not taken an oath were subject to nullification. There is currently uncertainty over whether witnesses are still required to take an oath…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
