REUTERS | Miro Kuzmanovic
August 14, 2017

UAE Federal Arbitration Law v UAE Arbitration Chapter: old wine in a new bottle? (Part 2)

REUTERS | Miro Kuzmanovic
August 14, 2017

UAE Federal Arbitration Law v UAE Arbitration Chapter: old wine in a new bottle? (Part 2)

In Part 1 of this blog, I discussed in some detail the historical background of the United Arab Emirates (UAE) Federal Arbitration Law and its imminent adoption. The discussions in Part 1 also showed that the procedural framework for arbitrations under the Federal Arbitration Law, including in relation to the formation of the arbitration agreement, the doctrine of separability and the appointment of arbitrators is not very different from that presently in place under the UAE Arbitration Chapter. To an extent, therefore, it is safe to say that in these areas at least, the UAE Federal Arbitration Law codifies a position that already exists under the UAE Arbitration Chapter and stays in line with the established case law precedent of the UAE courts. Continue reading →

REUTERS | David Mdzinarishvili
August 10, 2017

Women in arbitration: Judith Gill QC: part 2/2: women in arbitration and the future

To mark International Women’s Day on 8 March 2017, Practical Law Arbitration has been carrying out a series of interviews with prominent women in arbitration.

In this, the fourth in the series, we interview Judith Gill QC, a partner in Allen and Overy’s arbitration team. Judith acts as both advocate and arbitrator and is currently the President of the London Court of International Arbitration (LCIA), the first female to be appointed to the position. She was only the second female solicitor advocate to be appointed QC and the first with an international arbitration practice.

In Part 1, Judith discusses her personal background and why she prefers arbitration over litigation, and comments on arbitration practice and procedure. In Part 2, she considers women in arbitration and the future. Continue reading →

REUTERS | Yuriko Nakao
August 7, 2017

Reflections on the maiden edition of the Lagos Court of Arbitration Young Arbitrators Network

Over the past few years, the focal point of most arbitration conferences and discussions in or about Africa revolved around ways to deepen and enhance the practice of international commercial arbitration on the continent. While African practitioners regularly clamour for resolving “African disputes” in Africa and by Africans, there is always the corresponding emphasis on the need for continuous capacity building for practitioners in Africa. These are some of the considerations that necessitated the inauguration of the Lagos Court of Arbitration Young Arbitrators Network (LCA-YAN) in August 2016. Continue reading →

REUTERS | Mike Blake
August 3, 2017

Women in arbitration: Judith Gill QC: part 1/2: arbitration over litigation, practice and procedure

To mark International Women’s Day on 8 March 2017, Practical Law Arbitration has been carrying out a series of interviews with prominent women in arbitration.

In this, the fourth in the series, we interview Judith Gill QC, a partner in Allen and Overy’s arbitration team. Judith acts as both advocate and arbitrator and is currently the President of the London Court of International Arbitration (LCIA), the first female to be appointed to the position. She was only the second female solicitor advocate to be appointed QC and the first with an international arbitration practice.

In Part 1, Judith discusses her personal background and why she prefers arbitration over litigation, and comments on arbitration practice and procedure. In Part 2, she considers women in arbitration and the future. Continue reading →

REUTERS | Mark Blinch
July 31, 2017

Reform of the English Arbitration Act 1996: a nudge towards reversing the presumption of confidentiality

In 2016, the Law Commission of England and Wales announced that it was considering reform of the English Arbitration Act 1996 (AA 1996) as part of its 13th Programme of Law Reform. Such reform was said to be driven by a desire to ensure that English law keeps up to date with modern arbitral practice so as to compete with other jurisdictions. The consultation for such reform is now underway. Continue reading →

REUTERS | Jason Lee
July 27, 2017

Crouching bear, hidden dragon: interpreting the “amount and method” provisions in older Chinese and Russian BITs

In a recent Permanent Court of Arbitration (PCA) case, China Heilongjiang International Economic & Technical Cooperative Corp. and others v Mongolia, the tribunal wielded the power of effet utile to strike down the investors’ claim against Mongolia. The occult science of treaty interpretation by international tribunals has produced a somewhat unexpected result that risks creating uncertainty and confusion for investors in China and Russia, whist highlighting how different tribunals can interpret very similar provisions in a seemingly inconsistent manner. Continue reading →

REUTERS | Lucas Jackson
July 21, 2017

To enforce or not to enforce, that is the question

The enforcement of international arbitration awards that have been set aside or annulled at the seat of arbitration has always been a contentious subject. Primarily it is the New York Convention 1958 that applies. Other provisions may be applicable on a case-by-case basis, such as Article IX of the European Convention on International Arbitration 1961. Continue reading →

REUTERS | Michaela Rehle
July 17, 2017

Introducing English as a possible language in setting aside proceedings before the Swiss Supreme Court: an amendment in peril?

On 11 January 2017, the Swiss government released for public consultation its draft bill on the revision of Chapter 12 of the Swiss Private International Law Act (PILA), which governs international arbitration proceedings in Switzerland. The consultation period ended on 31 May 2017. Continue reading →

REUTERS | Akhtar Soomro
July 12, 2017

UAE Federal Arbitration Law v UAE Arbitration Chapter: old wine in a new bottle? (Part 1)

After a long period of gestation, the UAE Federal Arbitration Law is now likely to become a reality: its enactment is scheduled for later this year, having recently been approved by the UAE National Assembly and the Cabinet of Ministers and now awaiting signature by the President of the UAE, Sheikh Khalifa bin Zayed bin Sultan Al Nahyan. Before adoption in its present form, the UAE Federal Arbitration Law has gone through a number of drafts, some of these inspired by the UNCITRAL Model Law, others customised by reference to other leading arbitration laws in the region. The effect of the new law will be to repeal the arbitration-specific provisions of the UAE Civil Procedures Code, those being Articles 203 through to 218 and 235 through to 238, also commonly referred to as the UAE Arbitration Chapter. To date, the UAE Arbitration Chapter has governed arbitrations seated in onshore United Arab Emirates (UAE), with the UAE courts serving as the curial courts in support of arbitration. For the avoidance of doubt, the UAE Arbitration Chapter exists alongside two stand-alone UNCITRAL Model Law-based arbitration laws that govern arbitrations seated in the free zones, the 2008 Dubai International Financial Centre (DIFC) Arbitration Law and the 2015 Abu Dhabi Global Market (ADGM) Regulations. Continue reading →