REUTERS |
May 18, 2020

The ADGM courts adopt memorandum of understanding on enforcement of awards with UAE MoJ

In another push to expand the area of free movement of onshore and offshore ratified awards, the Abu Dhabi Global Market (ADGM) courts have recently entered into a memorandum of understanding with the Ministry of Justice of the United Arab Emirates (see Memorandum of Understanding between Ministry of Justice United Arab Emirates and Abu Dhabi Global Market Courts Concerning the Reciprocal Enforcement of Judgments, dated 4 November 2019). Following its adoption on 4 November 2019, the MoU entered into force with immediate effect (see clause 19). Continue reading →

REUTERS | Gary Hershorn
May 15, 2020

The New York Court of Appeals overturns the Appellate Division’s ruling regarding functus officio

A unanimous New York Court of Appeals (New York’s highest court) decision in Am. Int’l Specialty Lines Ins. Co. v Allied Capital Corp. (AISLIC) delved into functus officio, a doctrine that this court had not closely examined in almost 130 years (Flannery v Sahagian). In this re-examination of functus officio, the court overturned the Appellate Division First Department’s ruling in this case (see Blog post, Is it really final? American International Specialty Lines Insurance Company v Allied Capital Corp). Continue reading →

REUTERS | Benoit Tessie
May 14, 2020

Agreement for the termination of intra-EU BITs signed: the bell tolls?

On 6 May 2020, the European Commission announced that a majority of EU member states had signed the Agreement for the Termination of Bilateral Investment Treaties (BITs) between the Member States of the EU. The agreement will have a significant impact on the protective measures bestowed upon EU investors who have businesses in other EU countries, as well as foreign investors who rely on passport rights through one EU member state to gain access to the wider common market. Continue reading →

REUTERS | Denis Balibouse
May 13, 2020

BCLP international arbitration survey 2020: A right of appeal in international arbitration: second bite of the cherry: sweet or sour?

Although procedures for court challenge of an award on the basis of procedural irregularity or jurisdictional error are widely available across jurisdictions, the ability to bring an appeal against the tribunal’s decision on the substantive issues in dispute is not. The principle of finality is enshrined in the rules of major arbitral institutions, and in the national arbitration laws of the majority of popular arbitration seats. Continue reading →

REUTERS | Michaela Rehle
May 11, 2020

Have member state BITs changed since 2013?

As required by Regulation 1219/2012, the so-called Grandfathering Regulation, the European Commission recently published a report regarding the legal status of the approximately 1,300 bilateral investment treaties (BITs) that EU member states have concluded with third states, covering the period from 2013 until the end of 2019. A closer analysis of the report shows that not much has changed so far. However, changes can be expected due to domestic pressure in the member states. Continue reading →

REUTERS | Navesh Chitrakar
May 7, 2020

The era of specialised arbitration: Part one: Art, sport, finance

In international commercial arbitration, the key arbitral institutions (ICC, LCIA, SIAC, HKIAC, SCC) are generalist institutions. They are not industry specific and can administer a dispute relating to just about anything commercial. However, in recent years, certain specialised arbitral institutions/courts have emerged which provide industry specific rules, procedures and decision makers. This blog, divided into two parts, provides a brief overview of the specialised arbitration that is available in a variety of sectors. This first part will look at the worlds of art, sport and finance, and the second part will look at the energy, construction, maritime and aviation sectors. Continue reading →

REUTERS | Dado Ruvic
May 4, 2020

Dealing with the difficulty of reluctant third party witnesses in international arbitration? English Court of Appeal moves the goalposts in A v C

Arbitration practitioners are well aware of the inherent difficulties that can arise where important evidence is required from reluctant third parties. Where the evidence in question is pivotal to a party’s case and the witness refuses to give evidence, it can be difficult for that party to make their case either comprehensively or convincingly. Continue reading →

REUTERS |
April 23, 2020

Follow the guidance: the ICC Court’s plan to mitigate the impact of COVID-19

The 2019 novel coronavirus disease (COVID-19) pandemic has affected all aspects of our lives in ways unimaginable. Dispute resolution is no exception. Several arbitration institutions, organisations and practitioners have identified tools for adapting the dispute resolution process to the new reality, including through the use of technology that offers to replace physical hearings with virtual ones. Continue reading →