Recently, an UNCITRAL Working Group has concluded its work by proposing a “Convention on international settlement agreements resulting from mediation” (A/CN.9/942) with the aim of enabling the enforcement of such settlements via domestic courts. Continue reading
On 27 July 2018, the Court of Appeal delivered its judgment in Viorel Micula and others v Romania and European Commission (Intervener). It maintained the stay of enforcement granted by Blair J in the High Court, but overturned his decision on security, ordering that Romania should provide £150 million as a term of the stay (but not making compliance with the order on security a condition of the stay). The decision reveals a delicate balancing act by the court between the UK’s obligations under the ICSID Convention and its duties under EU law. Continue reading
The recent case of Sodzawiczny v Ruhan provides useful guidance on the meaning of a “matter” for the purpose of a mandatory stay under section 9 of the English Arbitration Act 1996 (AA 1996). Continue reading
On 31 July 2018, the International Chamber of Commerce (ICC) released its full statistical report for 2017. For the first time, the report is available to the public free of charge. Continue reading
On 18 July 2018 the State of California passed a new law which expressly enables foreign qualified lawyers to appear in international commercial arbitrations in the state. The new legislation, which takes effect from 1 January 2019, provides that members of a “recognized legal profession in a foreign jurisdiction” and who are “admitted or otherwise authorized to practice as attorneys or counselors at law or the equivalent” can provide legal services in an international commercial arbitration or related dispute resolution mechanism if certain conditions are satisfied. This is welcome news to the international arbitration community. Until now, following the decision of the California Supreme Court in Birbrower, Montalbano, Condon & Frank, PC v Superior Court, there had been strict restrictions on foreign lawyers (and in fact any non-Californian lawyers) in providing arbitration services in California. Continue reading
Investment protection has become a linchpin of investment policies adopted by both developing and developed Middle Eastern jurisdictions over the past two to three decades. In the light of steadily diminishing oil reserves, the oil-rich nations in particular have become acutely aware of the need to attract foreign direct investment (FDI) for their sustained economic development in a post-oil era. As a result, most Middle Eastern countries have concluded both bilateral and multilateral investment treaties (BITs and MITs), as well as free trade agreements (FTAs) of regional and international reach. Some, in particular Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE) have adopted foreign investment laws. Investment laws typically afford foreign investors a number of:
Thomson Reuters Legal Business published a report in July entitled, The impact of Brexit on dispute resolution clauses, setting out the results of its survey which asked 94 respondents about their current and future plans for jurisdiction and choice of law clauses. Notably for London arbitration practitioners, the study found that 10% of respondents were now providing for arbitration rather than court litigation in their contracts following the Brexit referendum result and, of this number, 63% favoured arbitration in England. In addition, 20% of the group of respondents that are yet to make any changes to their contracts but may look to do so in the near future also stated that they may opt for arbitration over litigation in their contracts. Again, England was the preferred seat. Continue reading
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
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
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