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
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
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).
The English Supreme Court has handed down its judgment in the long-running case of IPCO (Nigeria) Ltd v Nigerian National Petroleum Corp.
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
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?
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
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