REUTERS | Jorge Silva
June 7, 2021

French court vetoes PCA default-appointment under the OIC Agreement

REUTERS | Jorge Silva
June 7, 2021

French court vetoes PCA default-appointment under the OIC Agreement

In a recent ruling of earlier this year (No. RG 18/05756 – D v. K, Paris Court of Appeal), the Paris Court of Appeal annulled a partial award rendered by a tribunal confirming its proper constitution under the 1976 United Nations Commission on International Trade Law (UNCITRAL) Rules of Arbitration within the context of an appointment under the Agreement on Promotion and Protection and Guarantee of Investments among Member States of the Organization of the Islamic Conference (OIC Agreement).  Continue reading →

REUTERS |
May 28, 2021

The 2020 SIAC Annual Report: Trends & Questions

One day short of April Fool’s Day this year saw the Singapore International Arbitration Centre (SIAC) release its 2020 Annual Report (SIAC Report). Far from being a joke, the report presented some phenomenal figures that appear to cement deeper SIAC’s reputation as one of the leading international arbitration institutions, and Singapore’s reputation as a favoured arbitration hub. Continue reading →

REUTERS | Ajay Verma
May 28, 2021

A new direction for witness evidence in arbitration?

Much ink has already been spilled on the witness evidence reforms, which came into effect in April 2021 and will have a far-reaching effect on how witness evidence is approached in litigation in the English Commercial Court. Judicial concern about the inappropriate use of witness statements in court proceedings has led to the new Practice Direction (PD) 57AC and Appendix that now apply (with some limited exceptions) to trial witness statements in the Business and Property Courts. The new PD includes important compliance measures which aim to ensure that witnesses and their lawyers focus squarely on the new requirements. Under the new regime, the witness statement must now come with a certificate of compliance in which the lawyer confirms the witness has been told about the rules and that the witness statement complies with the PD and the Statement of Best Practice contained in the Appendix. The witness must also provide a statement of compliance.

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REUTERS | Global Creative Services
May 20, 2021

Can arbitrators rely on their own internet research in an award? The risk of annulment is different for arbitrations seated in Germany, England and France

Just ask Google.  Whatever the question, our first port of call is to check the internet.  But are arbitrators permitted to go online to research a point of fact relevant to the case before them?  If they do, must they give the parties an opportunity to comment on their findings?  The answers may be different for arbitrations seated in Germany, compared to those seated in England and Wales, and France.

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REUTERS | Enrique Castro-Mendivil
May 14, 2021

Investment protection and COVID-19: who will pick up the tab?

The COVID-19 pandemic has put to the test the resources and skills of governments around the world. Most have taken public health measures to tackle the pandemic, often coupled with additional measures to deal with the attendant economic consequences. As it is often the case when governments flex their regulatory muscle, tension has arisen between the public and the private sectors, particularly in respect of who will pick up the tab. For example, in April 2020 the Peruvian government passed a bill suspending the collection of toll fees on the country’s road network in an attempt to ease the costs of the transport of essential goods and workers. Affected toll road operators have opposed this measure and threatened litigation against the state. A month later, the Mexican government sought to modify the country’s energy regime by restricting private renewable energy generation and granting preferential grid access to facilities generating electricity by conventional means. The rationale for this was reportedly that the pandemic had caused demand for electricity to fall, and the government needed to protect the country’s energy security. In practice, it has been suggested in some quarters that these measures will favour Mexico’s state-owned electricity company. Legal action is ongoing in the Mexican courts.

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REUTERS | Mariana Bazo
May 13, 2021

ICSID arbitration and foreign investment in Peru endangered

On 6 June, the second round of the presidential elections will be held in Peru, which will pit the “Peru Libre” political party against that of “Fuerza Popular”. The future of ICSID arbitration and foreign investments in the country depends on the result of this election.

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REUTERS | Mike Hutchings
May 10, 2021

Linked emissions trading schemes: opportunities and risks

This blog describes some of the risks that are emerging as a result of the proliferation and linking of emissions trading schemes. It begins by providing an overview of the development of emissions trading schemes and the creation of links between them. It then considers the dispute risks that may arise from these developments and briefly explores the availability of relief under investment treaties for market participants that lose out when a scheme is altered, cancelled or delinked from another.

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REUTERS | Navesh Chitrakar
May 5, 2021

What’s the matter? English Court of Appeal clarifies meaning of section 9 of Arbitration Act 1996

The recent decision of the English Court of Appeal in Republic of Mozambique v Credit Suisse International and others reaffirms the arbitration-friendly approach taken by the English courts and the mandatory nature of stays under section 9 of the Arbitration Act 1996 (AA 1996).  The decision also illustrates the difficulty that can be faced by the courts in applying section 9 in complex multi-party, multi-issue disputes.

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