Although located at the heart of Europe, Switzerland is not a member of the European Union. As such, from a Swiss law perspective, EU law is considered as a res inter alios acta (with the exception of the references to EU law contained in the 120 bilateral agreements entered into between Switzerland and the EU, where EU law has become part of Swiss law). Continue reading
The Singapore High Court decision in China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another raises a number of points of wider significance for the arbitration community.
This post focuses on the procedural implications of the parties’ agreement to the expedited arbitration of a complex dispute (in a particularly short time frame) and its impact on the duty of the tribunal to ensure that due process is observed. Continue reading
Climate change has emerged as a (if not “the”) relevant factor in a number of high-profile litigation disputes in recent years. Those disputes range from the commercial to the personal, to the public interest: from disputes arising out of option agreements for the trade of the old system of “emission reduction units”, to cases dealing with personal property damage caused by climate change related events; to claims urging governments to do more to prevent climate change. Most (if not all) of these claims are being dealt with in litigation (not arbitration), in the public domain. In the author’s view, however, arbitration, and in particular investment treaty arbitration, could well play an important role in future. Continue reading
Introduction
Since the end of the Cold War, economic sanctions have become one of the primary foreign policy tools employed by governments to force change in a regime’s policies and practices, particularly as governments seek to avoid the high cost of military conflict. Sanctions are now commonly used to prevent or punish proliferation of nuclear weapons, terrorism-related activities, human rights violations and the narcotics trade. Continue reading
This is the second part of a blog on the adoption and entry into force of the new UAE Federal Arbitration Law. Part 1 was published last month and discussed some of the procedural framework conditions of the new law. This Part 2 continues that discussion, providing a deeper insight into how the new law continues or differs from the arbitral practice and procedure established by the UAE Arbitration Chapter, which has been repealed by the new law. Particular focus will be on the issuance and recognition and enforcement of the arbitral award, a subject that is of particular importance given the globally coveted finality of arbitral awards. The most relevant points to note on the subject in the light of the new law are considered below. Continue reading
Getting the court’s permission to appeal an arbitral award on a point of law under section 69 of the Arbitration Act 1996 (AA 1996) is not straightforward. An applicant must establish not only that the tribunal’s approach to a question of law was obviously wrong or, if the matter is one of general public importance, open to serious doubt (section 69(3)(c)), but also that the other threshold requirements imposed under section 69(3) are met. Continue reading
Our Arbitration in Africa series continues with Babatunde Fagbohunlu, SAN, Partner at Aluko & Oyebode in Nigeria.
In Part 1, Babatunde discussed his personal and professional background, including his current role. He also considered arbitral institutions and centres in Nigeria, as well as arbitral procedure. In Part 2, he examines the courts’ support for arbitration in Nigeria, recognition and enforcement of awards, and investment treaty arbitration. He also considers the challenges facing arbitration practitioners and arbitrators in Nigeria, and offers advice to those hoping to pursue an arbitration career in Nigeria. Continue reading
Diversity in arbitral appointments has been in the news again, following the publication of the latest Queen Mary, University of London (QMUL)/ White & Case International Arbitration Survey. The responses to the survey suggest that, to date, the most visible efforts to improve diversity have been seen in the field of gender diversity: almost 60% of the respondents either strongly agreed or agreed that progress had been made. This is perhaps attributable to the efforts of bodies such as Arbitral Women to promote female arbitrators; there is also evidence that female arbitral appointments have increased since the 2015 launch of the Equal Representation in Arbitration Pledge. Continue reading
Our Arbitration in Africa series continues with Babatunde Fagbohunlu, SAN, Partner at Aluko & Oyebode in Nigeria.
In Part 1, Babatunde discusses his personal and professional background, including his current role. He also considers arbitral institutions and centres in Nigeria, as well as arbitral procedure. In Part 2, he examines the courts’ support for arbitration in Nigeria, recognition and enforcement of awards, and investment treaty arbitration. He also considers the challenges facing arbitration practitioners and arbitrators in Nigeria, and offers advice to those hoping to pursue an arbitration career in Nigeria. Continue reading
Unless you have been living under a rock for the last three years, you will have heard something about the corruption case in Brazil that has led to the impeachment of the last president, the conviction of the one before and an investigation of the current one. Continue reading