REUTERS | Stefan Wermuth
August 24, 2020

Death of a salesman: arbitration and insolvency in Switzerland (Chapter 2)

In our previous contribution, we examined the impact of insolvency proceedings on the validity of arbitration agreements designating Switzerland as the relevant seat. As we saw, such proceedings have no effect on the substantive validity of arbitration agreements. However, this does not necessarily mean that the insolvent party has the capacity to be a party to arbitration proceedings (although the two issues can be difficult to distinguish from one another). The notion of “capacity to arbitrate” (or subjective arbitrability) relates to the ability of a person or entity to enter into an arbitration agreement and act as a party to arbitration proceedings.

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REUTERS | Kim Kyung-Hoon
August 20, 2020

Your signature, please: recent developments under article 41(3) of FAL

Recent developments under article 41(3) of the UAE Federal Arbitration Law (FAL), which entered into force on 16 June 2018 and replaced the former UAE Arbitration Chapter (the arbitration-specific provisions of the UAE Civil Procedures Code), provide some initial guidance on the signature of arbitral awards under the new law. Article 41(3) of FAL contains a mandatory signature requirement in the following simple terms: “the award shall be signed by the arbitrators”. No further guidance, other than this, can be found in the new law. Importantly, the simplicity of the wording echoes the analogical, albeit not identical, wording of corresponding article 212(5) of the former UAE Arbitration Chapter, which read, in equally mandatory terms, in relevant part as follows: “the award must in particular include the signatures of the arbitrators.”

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REUTERS | Simon Dawson
August 14, 2020

New LCIA Rules 2020: a measured “update” not a radical redraft

On 11 August 2020, the London Court of International Arbitration (LCIA) released its new rules, which will come into force on 1 October 2020.

The last update to the LCIA Rules took place in 2014. Like many of its competitor institutions, at that time, the LCIA introduced some new and innovative elements. In particular, the addition of the Annex of general guidelines for the parties’ legal representatives was market-leading, incorporating rules about conduct into arbitral rules themselves.

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REUTERS | Ilya Naymushin
August 10, 2020

There’s many a slip: Obrascon Huarte Lain SA v Qatar Foundation for Education, Science and Community Development

The recent English case of Obrascon Huarte Lain SA (trading as OHL Internacional) v Qatar Foundation for Education, Science and Community Development has highlighted the purpose and the limits of the slip rule in international arbitration. Continue reading →

REUTERS | David Gray
August 7, 2020

Silence is not assent: English High Court sets aside arbitral award for lack of substantive jurisdiction

In the recent decision of MVV Environment Devonport Ltd v NTO Shipping GmbH & Co KG and others, the English High Court set aside an arbitral award issued by the London Maritime Arbitrators Association under section 67 of the Arbitration Act 1996 (AA 1996) on the basis that the arbitral tribunal lacked substantive jurisdiction over the dispute.

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REUTERS | Hannibal Hanschke
July 28, 2020

Surviving a virtual arbitration: it’s all about the preparation (and the wallpaper)

It began with the wallpaper, or, rather, trying to find a camera angle that didn’t feature our feature wall. When that failed (the only other spot providing a clear view of our staircase where my non-A level studying son was likely to emerge at any point post 1.00 pm wearing very little), I then realised that I had to “curate the bookcase”. Should I try to balance up the politics books? What does a section on magic realism suggest about the merits of our case? Where do I put all the Leeds United books? These were not questions I ever anticipated having to address as part of my professional life. Yes, I know I could use a virtual background, but I find them distracting, especially when, like me, you wear glasses, and the real world seems to peak out through the corners. Continue reading →

REUTERS | Yuriko Nakao
July 24, 2020

The OIC Agreement and its MFN clause: a question of scope

A recent investment dispute referred by a consortium of multi-national investors from Jordan and the UAE to the International Centre for Settlement of Investment Disputes (ICSID) in Washington (see Itisaluna Iraq LLC and others v Republic of Iraq) has raised the question of the proper scope of the most favoured nation (MFN) clause contained in article 8 of the OIC Agreement (see Agreement on Promotion and Protection and Guarantee of Investments among Member States of the Islamic Conference), and more specifically whether it allows reliance on ICSID arbitration on the basis of the dispute resolution provision contained in article 17(4) of the Iraq-Japan bilateral investment treaty (BIT).

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REUTERS | Gilles Adt
July 22, 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 the constitution confers upon the Supreme Court the power to make such orders as is necessary to do complete justice in a matter before it. Further, article 141 provides that such orders shall be binding on all courts within India. Continue reading →