REUTERS | Darrin Zammit
July 26, 2018

Do companies registered in British Overseas Territories and Crown Dependencies have adequate investment protection?

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
July 19, 2018

EU-reka! The application of EU law by Swiss-seated arbitral tribunals

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
July 12, 2018

Policing due process in expedited arbitration

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
July 6, 2018

What role will arbitration have in future disputes involving climate change?

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
July 5, 2018

Implications of economic sanctions on international arbitration

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
July 2, 2018

The UAE Federal Arbitration Law: an initial verdict (Part 2)

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
June 29, 2018

Permission to appeal on a point of law: Agile Holdings Corporation v Essar Shipping Ltd

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 →

REUTERS | Jon Nazca
June 28, 2018

Arbitration in Africa: Babatunde Fagbohunlu, SAN, Nigeria, part 2 of 2

Our Arbitration in Africa series continues with Babatunde Fagbohunlu, SAN, Partner at Aluko & Oyebode in Nigeria.

In Part 1, Babatunde discussed his personal and professional background, including his current role. He also considered arbitral institutions and centres in Nigeria, as well as arbitral procedure. In Part 2, he examines the courts’ support for arbitration in Nigeria, recognition and enforcement of awards, and investment treaty arbitration. He also considers the challenges facing arbitration practitioners and arbitrators in Nigeria, and offers advice to those hoping to pursue an arbitration career in Nigeria. Continue reading →

REUTERS | Mohammed Salem
June 22, 2018

Diversity in arbitration: what would Don Draper do?

Diversity in arbitral appointments has been in the news again, following the publication of the latest Queen Mary, University of London (QMUL)/ White & Case International Arbitration Survey. The responses to the survey suggest that, to date, the most visible efforts to improve diversity have been seen in the field of gender diversity: almost 60% of the respondents either strongly agreed or agreed that progress had been made. This is perhaps attributable to the efforts of bodies such as Arbitral Women to promote female arbitrators; there is also evidence that female arbitral appointments have increased since the 2015 launch of the Equal Representation in Arbitration Pledge. Continue reading →

REUTERS | Darrin Zammit Lupi
June 21, 2018

Arbitration in Africa: Babatunde Fagbohunlu, SAN, Nigeria, part 1 of 2

Our Arbitration in Africa series continues with Babatunde Fagbohunlu, SAN, Partner at Aluko & Oyebode in Nigeria.

In Part 1, Babatunde discusses his personal and professional background, including his current role. He also considers arbitral institutions and centres in Nigeria, as well as arbitral procedure. In Part 2, he examines the courts’ support for arbitration in Nigeria, recognition and enforcement of awards, and investment treaty arbitration. He also considers the challenges facing arbitration practitioners and arbitrators in Nigeria, and offers advice to those hoping to pursue an arbitration career in Nigeria. Continue reading →