REUTERS | Kevin Lamarque

Just as the increasing use of law clerks in the US court system has led to increased academic study and public discussion of their role and function, so too has the increased use of tribunal secretaries in international arbitration promoted discussion about their use and role. However, the nature of international arbitrations is such that issues regarding the use of tribunal secretaries are different from those regarding the use of judicial assistants or law clerks. Continue reading

REUTERS | Jason Lee

Since its launch in 2013, China’s high-profile Belt and Road Initiative has gained considerable momentum. This blog considers the types of disputes likely to emerge from the initiative and the extent to which the recent efforts to “internationalise” its domestic dispute resolution mechanisms will help China capitalise on dispute resolution work arising from the Belt and Road Initiative, now or in the future. Continue reading

REUTERS | Yiannis Kourtoglou

In Nori Holdings Ltd v Public Joint-Stock Co Bank Otkritie Financial Corporation, the claimants’ application for a final anti-suit injunction to restrain proceedings in Russia and Cyprus met with mixed success. While the court was willing to grant the anti-suit injunction to restrain Russian court proceedings, it refused to do the same in relation to proceedings in Cyprus, holding that the Court of Justice of the European Union’s (CJEU’s) judgment in West Tankers, on so-called intra-EU anti-suit injunctions, remained good law. Continue reading

REUTERS | Darrin Zammit

The short answer is no. Bilateral investment treaties (BITs) are international treaties between two states where the states provide investors with a range of protections when they make foreign direct investments. But it is a little known fact that some of the most popular places in which investment vehicles are incorporated do not provide investors with these important protections. In other words, companies incorporated with tax efficiency in mind may not have important protections when they make investments internationally. Continue reading

REUTERS | Stefan Wermuth

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

REUTERS | Gregg Newton

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

REUTERS | Alister Doyle

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

REUTERS | Maxim Shemetov

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

REUTERS | Ahmed Jadallah

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

REUTERS | Mike Blake

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