Last week saw the launch of a new gender diversity initiative: the Equal Representation in Arbitration Pledge. The campaign for gender diversity in arbitration is not a new one. But it is hoped that the Pledge will create renewed impetus for change by rallying the arbitration community and mainstreaming the issue. Continue reading
The saga regarding German judicial review of the so-called “intra-EU jurisdictional objection” has reached its final stage. In the matter of Slovakia’s application to have an arbitral award of EUR 22 million in favour of Dutch insurer Achmea (formerly Eureko) set aside, the German Federal Court of Justice has requested guidance from the European Court of Justice (ECJ) and thereby forced it to take a position on intra-EU bilateral investment treaties (BITs) (Docket No. I ZB 2/15). This may have an effect on the 200 plus BITs in force between EU member states. Continue reading
The Lord Chief Justice’s BAILII lecture in March of this year again raised the old chestnut of whether English arbitration law has got it right in terms of appeals from arbitration awards. This has been an ongoing topic of debate for decades, and one which tends (in the words of Colman J in his 2006 lecture, “Arbitrations and Judges – how much interference should we tolerate?”) to get people “hot under the collar”. Continue reading
Users in the field of commodity trading and shipping are willing to have their dispute settled through a resolution process that is in line with their way of conducting business. Can arbitration in Switzerland answer these particular needs? Continue reading
On 2 May 2016, it was reported that Denmark has proposed to the other EU member states to mutually terminate the existing bilateral investment treaties (intra-EU BITs) between them.
Much attention is often given to the rise of regional arbitration centres and the competition that they provide to the established arbitration centres in Europe and North America. Perhaps less is said about the relationship between the “generalist” (for want of a better word) centres, such as the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA), and the more specialist centres that cater to particular industries or types of disputes.
The UK’s referendum on its future in the European Union is now only weeks away. The referendum comes at a time when arbitration in England is already facing both external and internal pressures. London continues to face competition from other successful arbitral seats. Its closest neighbour, Paris, has always had a strong offering, and Zurich, Geneva and Stockholm boast well-established arbitration markets. Further afield, the Asia-based institutions are constantly evolving, most recently seeking to capitalise on the perceived sensitivity to EU sanctions amongst London arbitration’s Russian client basis. Continue reading
“There can never be surprises in logic.”
(Ludwig Wittgenstein, Tractatus Logico-Philosophicus.)
It is fair to say that the decision of the District Court in the Hague setting aside the US$50 billion Yukos awards against Russia has been met with no small measure of surprise by much of the arbitration community. But a logical analysis suggests that perhaps we should not be surprised at all. Continue reading
The Inter-Pacific Bar Association (IPBA) is an organisation with some similarities to the International Bar Association (IBA), with a regional focus on Asia-Pacific. Its annual conference (the 26th) was this year in Kuala Lumpur between 13 and 16 April. The conference is well attended by lawyers and others with an interest in legal developments and issues in the Asia-Pacific region, although not only lawyers from that region attend. In recent years there has been a notable increase in the number of attendees from Europe and other areas outside Asia-Pacific. Continue reading
The Hong Kong International Arbitration Centre (HKIAC) and the Hong Kong Government are focused on building Hong Kong as an arbitral centre for the resolution of intellectual property disputes, proposing new legislation and creating a specialist IP panel of arbitrators. Continue reading