English courts confirm failure to comply with pre-arbitration steps a matter of admissibility, not jurisdiction
Tiered arbitration clauses, where a party is required to attempt various dispute resolution alternatives such as negotiation and mediation, are commonplace in commercial contracts. However, despite their widespread use, up until this year the English courts had not directly considered the question of what happens when a party does not comply with pre-arbitration steps before … Continue reading English courts confirm failure to comply with pre-arbitration steps a matter of admissibility, not jurisdiction
Egyptian concession contracts: no longer arbitrable? Egypt’s Cassation court sets aside Damietta Port Authority US$490 million ICC award
The Court of Cassation in Egypt has set aside a $490 million ICC award against an Egyptian state authority following their termination of a concession contract. This post explores the decision in detail and considers the ramifications for arbitration in Egypt following the Court’s decision that, for certain issues, state administrative contracts are not arbitrable.
BRI Initiative in Africa
The Silk Road Economic Belt and the 21st-century Maritime Silk Road Initiative (BRI) was first raised by Xi Jinping, President of the People’s Republic of China, in September 2013. The BRI is inspired by the ancient Silk Road, which is the world’s oldest and longest trade route from Asia to Europe, stretching some 4350 miles. … Continue reading BRI Initiative in Africa
The arbitration vaccine: immunity of arbitrators
“A judge, for anything done by him as judge, by the authority which the King hath committed to him, and as sitting in the seat of the King (concerning his justice) shall not be drawn in question before any other judge”. Preconceived wisdom holds that because judges and arbitrators are in the same business, namely … Continue reading The arbitration vaccine: immunity of arbitrators
Eighth East Africa International Arbitration Conference: day three report
The eighth edition of the East Africa International Arbitration Conference, which was originally due to take place in Zanzibar, has now been re-organised as an entirely virtual event taking place between 26 to 28 August 2020.
Eighth East Africa International Arbitration Conference: day two report
The eighth edition of the East Africa International Arbitration Conference, which was originally due to take place in Zanzibar, has now been re-organised as an entirely virtual event taking place between 26 to 28 August 2020.
Eighth East Africa International Arbitration Conference: day one report
The eighth edition of the East Africa International Arbitration Conference, which was originally due to take place in Zanzibar, has now been re-organised as an entirely virtual event taking place between 26 to 28 August 2020.
New developments in Indian arbitration including extension of limitation periods due to COVID-19
On 23 March 2020, the Supreme Court of India issued, by way of a suo motu writ petition, an order extending limitation periods by a period of 15 days or until further orders were made. The order was issued pursuant to article 142, read with article 141, of the Constitution of India. Article 142 of … Continue reading New developments in Indian arbitration including extension of limitation periods due to COVID-19
The Africa Arbitration Academy Protocol on Virtual Hearings in Africa: taking virtual hearings to the 21st century
In April 2020, the Africa Arbitration Academy released a Protocol on Virtual Hearings in Africa. While not the first protocol to be released on the subject, it is a timely initiative for African practitioners, especially given that the ongoing COVID-19 pandemic, which has led to strict social distancing measures and travel restrictions in many countries, … Continue reading The Africa Arbitration Academy Protocol on Virtual Hearings in Africa: taking virtual hearings to the 21st century
Sections 67 and 68 challenges under the Arbitration Act 1996: getting the claim form right
In the recent case of Orascom TMT Investments SARL v VEON Ltd, Mr Justice Andrew Baker provides guidance in relation to the content of an arbitration claim form and witness statements made in support of section 67 and 68 challenges under the Arbitration Act 1996 (AA 1996).
English Supreme Court clarifies the availability of security in New York Convention enforcement cases
The English Supreme Court has handed down its judgment in the long-running case of IPCO (Nigeria) Ltd v Nigerian National Petroleum Corp.
India’s institutional push to institutional arbitration
India has been largely the land of ad-hoc arbitration. Independent of the reasons often mooted, domestic institutions like the International Centre for Alterntive Dispute Resolution (ICADR) and the Indian Council of Arbitration (ICA) have had limited success and the only international institution, London Court of International Arbitration (LCIA) sponsored LCIA India, recently wound up after having … Continue reading India’s institutional push to institutional arbitration
ChAFTA and the hostility towards ISDS: does this carry an FDI risk?
In December 2015, the China-Australia Free Trade Agreement (ChAFTA) entered into force. Although the agreement was hailed as ground-breaking for both nations, it was missing a generous investor-state dispute settlement (ISDS) provision. Under ChAFTA, an investor may only bring an arbitration claim under Article 9.12 if there has been a breach of Article 9.3 (national … Continue reading ChAFTA and the hostility towards ISDS: does this carry an FDI risk?
AfrICCA: 23rd ICCA Congress held in Mauritius
Introduction The 23rd International Council for Commercial Arbitration (ICCA) Congress was recently held in Mauritius, the first time ICCA has held its bi-annual Congress in Africa. More than 800 delegates attended, with more than a third of delegates coming from African countries. The theme of the Congress was the interaction between international arbitration and the … Continue reading AfrICCA: 23rd ICCA Congress held in Mauritius
ICCA comes to Mauritius
Between 8 and 11 May 2016, the 23rd Congress of the International Council for Commercial Arbitration (ICCA) will be held in Mauritius, the first time ICCA has held its bi-annual Congress in Africa. The location and theme of the Congress, as well as its VIP speakers, not only reflect the increased importance of international arbitration, … Continue reading ICCA comes to Mauritius
