𝐈𝐭'𝐬 𝐍𝐨𝐭 𝐉𝐮𝐬𝐭 𝐭𝐡𝐞 𝐒𝐭𝐚𝐭𝐞 𝐂𝐨𝐮𝐫𝐭𝐬 Having attended numerous conferences focused on investments in Central Asia, I've noticed that many investors are uncertain about what to expect regarding dispute resolution. They often assume the legal terrain is unwelcome and unfamiliar, and that dispute resolution is limited to state courts. However, the region has much more to offer. In recent years, Central Asia has experienced significant growth in foreign investment, becoming increasingly attractive to global investors. This transformation has turned the region into a hub for international trade and investment. According to the ICC Report for 2023, Central Asia accounted for approximately 12% of the ICC's caseload, up from about 10% for the combined CEE and CA regions in 2022. Responding to this transformation, local arbitration institutions are starting to play a larger role in the regional arbitration arena. Two local institutions are particularly noteworthy: the Tashkent International Arbitration Centre and the International Arbitration Centre at the Astana International Financial Centre. In this piece, Craig Tevendale, Olga Dementyeva, Derek Lee, Siddhant Ahuja and I discuss what these institutions have to offer. You will see that they closely adhere to international best practices with their respective rules and, in some respects, go even further. Their modern frameworks, combined with recent pro-arbitration developments in Kazakhstan and Uzbekistan, are likely to provide significant reassurance to investors, fostering a more stable and conducive environment for foreign investments. For a deeper dive, visit our HSF Central Asia blog! #HSF #CentralAsia #AIFC #TIAC #disputeresolution #arbitration https://lnkd.in/evq-Nch5
Alexander Gridasov, MCIArb’s Post
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𝐂𝐡𝐢𝐧𝐚'𝐬 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐍𝐞𝐭𝐰𝐨𝐫𝐤 𝐁𝐨𝐨𝐦𝐬, 𝐇𝐚𝐧𝐝𝐥𝐢𝐧𝐠 𝐌𝐢𝐥𝐥𝐢𝐨𝐧𝐬 𝐨𝐟 𝐂𝐚𝐬𝐞𝐬 In a remarkable display of progress, China's arbitration landscape is experiencing unprecedented growth. With 282 arbitration institutions now established nationwide, the country is rapidly becoming a powerhouse in alternative dispute resolution. 𝐊𝐞𝐲 𝐡𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭𝐬: • Over 5 million cases handled to date • Total case value exceeding ¥8 trillion or approximately $1.13 trillion • There was involvement of parties from more than 100 countries and regions This growth reflects China's commitment to building a credible and effective arbitration system. The country is not resting on its laurels, however. Efforts are underway to revise the arbitration law, aligning it with advanced international standards and enhancing provisions for foreign-related arbitration. In addition, the development of international commercial arbitration centers is also gaining momentum. In 2023 alone, eight pilot institutions handled 79,000 cases valued at ¥600 billion, showcasing China's increasing role in global dispute resolution. Looking ahead, China aims to further enhance the credibility of its arbitration system by: 1.) Improving operational mechanisms of arbitration institutions 2.) Strengthening oversight of both institutions and personnel As the global arbitration landscape evolves, these developments in China present both opportunities and challenges for international businesses and legal practitioners. At THAC, we're committed to helping you navigate the changing dynamics of international arbitration. Our expertise spans various jurisdictions, ensuring you're well-prepared for disputes in emerging markets like China. Credit: https://lnkd.in/eEM_nW_C . For more information on how THAC can assist with your arbitration needs in this evolving landscape, visit https://lnkd.in/gcbwmt86 #THAC #Arbitration #ChinaArbitration #DisputeResolution #InternationalTrade #LegalInnovation
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In our latest edition of HFW International Arbitration Quarterly, edited by Nicola Gare and Peter Sadler, we share articles from colleagues across our network of global offices. First, we have an article from William Hold from our Geneva office, discussing a recent Swiss Supreme Court decision concerning the validity of intra-EU investment disputes. That is followed by an article from Nick Braganza and Nicole Leahy from our Dubai office discussing the recent successes of the DIAC. Next, we have an article from Edward Beeley and James Henson in our Hong Kong office discussing the intersection of insolvency and arbitration under the laws of England, BVI, Hong Kong, and Singapore. Following which, Nicola Gare from the London office gives an update on the reforms to the 1996 English Arbitration Act. We then have an update on bias challenges and developments in ICC arbitration from Julien Fouret, Gaëlle Le Quillec, Camille Dupuy, and Joy Harb from our Paris office. Finally, Suzanne Meiklejohn, Sadhvi Mohindru, and Aaron Tan from our Singapore office look at a Singapore Appeal judgment on early case dismissal. We hope you enjoy this quarter's Update and please do not hesitate to reach out to the authors if you would like to discuss the topics discussed. Read the full publication here: https://lnkd.in/exFMyc3X #InternationalArbitration #Arbitration #InvestmentDisputes #DIAC #Insolvency #1996EnglishArbitrationAct #ICC
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It’s international arbitration statistics season! The China International Economic and Trade Arbitration Commission, World Bank’s International Centre for Settlement of Investment Disputes and the Netherlands Arbitration Institute have all released their caseload statistics for 2023. You can learn more in this alert by James Wagner, Andy Taylor, Christopher Jefferies and Emily Evans. #Arbitration #InternationalLaw #Litigation
Arbitration Institution Digest: Part One
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We were delighted to sponsor and participate in the 2nd International Chamber of Commerce ICC Tokyo Arbitration Day on April 23. Kelvin Poon SC, Head of our International Arbitration Practice and Deputy Managing Partner in Singapore, shared insights at the panel titled “Exploring the Future: Adopting ICC Arbitration under the Amended Japan Arbitration Act”. The discussion focused on Japan's endeavours to streamline international dispute resolution through some amendments to the Arbitration Act and the enactment of the Act for Implementation of the United Nations Convention on International Settlement Agreements. The session provided valuable insights into leveraging ICC arbitration under these updated Acts. This event not only provided a platform for thought leadership but also showcased our firm's commitment to staying at the forefront of legal innovation and global arbitration practices. Learn more about our Regional International Arbitration Practice: https://lnkd.in/g8PWgzGp Visit Arbitration Asia, a one-stop arbitration website which spotlights on Asia: https://lnkd.in/gi_-tbc3 #ICC #Tokyo #event #arbitration #disputes #litigation #disputeresolution #event #seminar #Singapore #legalupdate #clientupdate #RajahTannAsia #RTA #LawyersWhoKnowAsia
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⚡ On 11 October 2024 the International Commercial Arbitration Court - ICAC invites colleagues, arbitrators, arbitration practitioners and friends of the ICAC to the annual XIth INTERNATIONAL ARBITRATION READINGS IN MEMORY OF ACADEMICIAN IGOR POBIRCHENKO. For three years now Ukraine has been going through the darkest times in history. What unprecedented challenges has the international arbitration faced, how has the arbitration community adopted, and what is there ahead? The topic of this year's Readings - "Arbitration at times of unprecedented challenges: the future is being shaped today". 📌 Agenda highlights: 🔷 International arbitration and investment attractiveness We will discuss the potential of arbitration in stabilizing the economy, its impact on investment inflows, Ukraine’s prospects to become a seat for investment arbitration. 🔷 Impact of military conflicts and sanctions on arbitration This session will focus on wartime arbitration dispute resolution: first takeaways and lessons learnt, arbitration with a sanctioned element and the impact of sanctions on the performance of contractual obligations. 🔥 Follow the updates on our page to stay tuned. The registration for the most anticipated arbitration event of the year in Ukraine will open soon!
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[#PAW2024] Day 3 – Rajah & Tann Asia was delighted to be the first Asian-based law firm to participate in the Paris Arbitration Week and host a seminar on “The Rise of Arbitration in Asia”. Asia has become one of the world’s most important arbitration regions. Singapore is ranked alongside London as the most-preferred arbitration seat. Hong Kong is third. Among arbitral institutions, Singapore International Arbitration Centre is second, and the HKIAC third, among most-popular arbitral institution. China International Economic and Trade Arbitration Commission (CIETAC) is ranked fifth. During the last decade, the arbitration in Asia seems to have caught up with the leading and well-established arbitration seats elsewhere. Asian arbitral institutions have also started to take on a leading role through a number of innovations. Nowadays, developments in Asia tend to have broader implications on the global dispute resolution landscape. With the increase in cross-continental transactions and investment, particularly between Asia and Europe, a deeper understanding of the legal framework, practical differences, and cultural issues can only enhance our roles as stakeholders in the industry. The esteemed panel of experienced arbitration specialists included Kelvin Poon SC, Chuan Thye Tan SC, Dr. Vanina Sucharitkul, FCIArb and Tianyu MA from Rajah & Tann Asia, Mariel Dimsey from CMS, Michael Polkinghorne from White & Case LLP, Bernard Hanotiau from Hanotiau & van den Berg, and Christine Artero from The Arbitration Chambers. Key topics discussed during the panel: 👉 Factors behind the growth of arbitral hubs in Asia and the success of their institutions 👉 Challenges of dispute resolution in cross-cultural contexts 👉 Outlook of international arbitration in the Asian region and the expected wider impact #arbitration #disputeresolution #Asia #SoutheastAsia #RajahTannAsia #RTA #LawyersW
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China has tried to demonstrate that they are open for business by introducing its own Arbitration system. This article gives a comprehensive overview of this, with the an evaluation of whether inroads have been made with regards international business trust in it. Was pleased to contribute my thoughts on why I think China’s Arbitration system is not an attractive option as there is still no clear separation between State Security measures and economic activity. https://lnkd.in/guRx-C_v
Jury still out on China’s full-court press to become arbitration destination
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Access to a new issue of the Institute for Transnational Arbitration Arbitration Report here👇🏼
💡We are excited to announce a new issue of the Institute for Transnational Arbitration 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐑𝐞𝐩𝐨𝐫𝐭 is now available on 𝗞𝗹𝘂𝘄𝗲𝗿 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻. In the second issue of for this month, we feature timely reports on awards, cases, legislation and other current developments from over 60 countries, organized by country, together with reports on new treaty ratifications, new publications and upcoming events around the globe. ITA is grateful to the reporters for this issue including Ismail Selim, Reporter for the The Cairo Regional Centre for International Commercial Arbitration (CRCICA) ; Marianella Ventura , Reporter for Centro de Arbitraje CCL; and Elizaveta Mikaelyan, Reporter for the Russian Arbitration Center at Russian Institute of Modern Arbitration. Special thank you to General Editor Roger Alford and Co-Managing Editors, Monique Sasson and Dr Crina Baltag, FCIArb. Click here to read the full issue: https://lnkd.in/g9xJpANV
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Happy international arbitration statistics season! The China International Economic and Trade Arbitration Commission, World Bank’s International Centre for Settlement of Investment Disputes and the Netherlands Arbitration Institute have all released their caseload statistics for 2023. You can learn more in this alert by my Faegre Drinker colleagues James Wagner, Andy Taylor, Christopher Jefferies and Emily Evans. #Arbitration #InternationalLaw #Litigation
Arbitration Institution Digest: Part One
faegredrinker.com
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Happy international arbitration statistics season! The China International Economic and Trade Arbitration Commission, World Bank’s International Centre for Settlement of Investment Disputes and the Netherlands Arbitration Institute have all released their caseload statistics for 2023. You can learn more in this alert by my Faegre Drinker colleagues James Wagner, Andy Taylor, Christopher Jefferies and Emily Evans. #Arbitration #InternationalLaw #Litigation
Arbitration Institution Digest: Part One
faegredrinker.com
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