International Arbitration Attorney Network’s Post

Judicial Expropriation in Investor-State Arbitration: Investor-State arbitrations involving unlawful expropriation are often concentrated on acts from a State’s legislative or executive branch. In this configuration, acts such as executive orders or laws are how a State may expropriate foreign investors. In turn, a lesser-known type of expropriation is judicial expropriation, which can be defined as “[t]he taking of contractual and […] Aceris Law - International Arbitration Law Firm #arbitration

Arbitration is one of the mechanisms on the Alternative Dispute Resolution(ADR) continuum. These mechanisms are often referred to as an alternative to litigation or resorting to the courts. Does it then mean that the courts have no role to play in the arbitration process? If they do, what’s the extent to which they can get involved in this process? I’ve written an article about the role of courts in arbitration giving an international perspective steeped in the UNCITRAL model law and the domestic Ugandan perspective based on the Arbitration and Conciliation Act 2000 which governs arbitation in Uganda. Find it here and share your thoughts: https://lnkd.in/dRN4uwDG

A Guide to Arbitrability in International Arbitration

Rosalind Axbey (Herbert Smith Freehills) explores the potential impact of proposed changes to the English Arbitration Act 1996 in her recent blog post. The Arbitration Bill introduces an express power for tribunals to make summary awards when a party lacks a real prospect of success on a particular issue, claim or defence. ❓ While the Law Commission acknowledged the existing implicit power of arbitrators, concerns about due process have hindered its use. The proposed amendment raises questions about parties' willingness to opt-out, considerations based on the nature of transactions, foreign enforcement issues, and the interaction with institutional rules. ⚖ Rosalind delves into the advantages, applicable tests, potential challenges, and the risk of the proposal being misused. Will parties embrace this change, or will concerns prevail? #arbitration #internationalarbitration #arbitrationact #disputeresolution #england #UK

International Arbitration in Morocco: Over the past decades, Morocco has been committed to enhancing its appeal as an arbitration-friendly jurisdiction. Significant reforms have been introduced to its arbitration regime by Law No. 95-17 on Arbitration and Conventional Mediation (“Law No. 95-17” or “New Law”). An unofficial translation of Law No. 95-17 may be found here. New concepts, such as […] Aceris Law - International Arbitration Law Firm #arbitration

I’m thrilled to share my latest article: “Is China Becoming an Arbitration-friendly Jurisdiction for Foreign Arbitral Institutions? A Judicial Perspective”, published on #DisputeResolutionInternational The article delves into the evolving landscape of international arbitration in Mainland China, particularly in the context of the 1995 PRC Arbitration Law. Despite the absence of amendments to this law, Chinese courts are making strides towards creating a more arbitration-friendly environment through their rulings on individual cases. Key topics and cases covered include: 1️⃣ Validity of arbitration agreements opting for foreign arbitral institutions - Longlide case (2013) (ICC arbitration) 2️⃣ Validity of incomplete arbitration clauses - Zublin case (2003) (ICC arbitration), Ningbo Beilun Licheng case (2013) (ICC arbitration) 3️⃣ Adoption of the legal concept of place of arbitration in the absence of legislation - Brentwood case (2015) (ICC arbitration), and Daesung Industrial case (2019) 4️⃣ Broadly interpreting foreign-related factors to allow more cases to be managed by international arbitral institutions - Jangsu Aerospace Wan Yuan case (2012), and Shanghai Golden Landmark case (2015) 5️⃣ Adoption of international guidelines and soft laws to address conflicts of interest of arbitrators - China First Heavy case (2023) (ICC arbitration) 6️⃣ Responding actively to the rules and practices of international arbitral institutions - SPC enforcement case (2021) (ICC arbitration) It is incredible to see that #ICCarbitration has played a pivotal role in shaping the legal principles applicable to foreign-related and international arbitration cases in Mainland China, significantly contributing to the region’s international arbitration development. It is also encouraging to see how #ICCarbitration, with its neutrality and high standards, has helped the Chinese judiciary better understand and trust international arbitration. A special thank you to Claudia Salomon and Alexander Fessas for their insightful visits to China, which provided us with a unique opportunity to gain a deeper understanding and communication with the courts. 📖 Read the full article

This year Baker & McKenzie Dispute Resolution practice again published our Arbitration Yearbook, including a Hungarian chapter authored by my colleague, Réka Vass and myself. Besides looking into changes to the law, institutions and rules, we also cover 10 Hungarian arbitration awards that we believe were the most interesting in the past year from an arbitration law and procedure viewpoint. You will find similar content for other jurisdictions from our colleagues from all over the world. https://lnkd.in/dvKBgTuN #arbitration #Hungary

Find out what Germany has planned for the future of its arbitration law in our latest ArbitrationLinks post #internationalarbitration

𝐀𝐬 𝐭𝐡𝐞 𝐃𝐫𝐚𝐟𝐭 𝐏𝐚𝐤𝐢𝐬𝐭𝐚𝐧 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐀𝐜𝐭 𝟐𝟎𝟐𝟒 𝐚𝐰𝐚𝐢𝐭𝐬 𝐞𝐧𝐚𝐜𝐭𝐦𝐞𝐧𝐭 𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐀𝐬𝐬𝐞𝐦𝐛𝐥𝐲, 𝐦𝐨𝐝𝐞𝐫𝐧𝐢𝐳𝐢𝐧𝐠 𝐨𝐮𝐫 𝐚𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐥𝐚𝐰𝐬 𝐜𝐨𝐮𝐥𝐝 𝐭𝐫𝐚𝐧𝐬𝐟𝐨𝐫𝐦 𝐝𝐢𝐬𝐩𝐮𝐭𝐞 𝐫𝐞𝐬𝐨𝐥𝐮𝐭𝐢𝐨𝐧 𝐟𝐨𝐫 𝐛𝐮𝐬𝐢𝐧𝐞𝐬𝐬𝐞𝐬, 𝐛𝐨𝐭𝐡 𝐥𝐨𝐜𝐚𝐥 𝐚𝐧𝐝 𝐢𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥. The Draft Pakistan Arbitration Act 2024 aims to reform Pakistan's arbitration framework, replacing the outdated 1940 Act with a law that aligns with global standards. 𝐁𝐫𝐢𝐝𝐠𝐢𝐧𝐠 𝐆𝐚𝐩𝐬 𝐰𝐢𝐭𝐡 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐒𝐭𝐚𝐧𝐝𝐚𝐫𝐝𝐬 𝑬𝒙𝒊𝒔𝒕𝒊𝒏𝒈: The 1940 Act only addressed domestic arbitration, lacking provisions for international arbitration or the enforcement of foreign awards. 𝑰𝒏𝒏𝒐𝒗𝒂𝒕𝒊𝒗𝒆: The Draft adopts the UNCITRAL Model Law, modernizing the framework to support both domestic and international arbitration, and aligning with the New York Convention for enforcing foreign awards. 𝐄𝐟𝐟𝐢𝐜𝐢𝐞𝐧𝐜𝐲 𝐚𝐧𝐝 𝐀𝐜𝐜𝐞𝐬𝐬𝐢𝐛𝐢𝐥𝐢𝐭𝐲 𝑬𝒙𝒊𝒔𝒕𝒊𝒏𝒈: Arbitral matters were often delayed by lower-tier civil courts with limited authority. 𝑰𝒏𝒏𝒐𝒗𝒂𝒕𝒊𝒗𝒆: The Draft shifts jurisdiction to district and high courts, expediting the process and streamlining access to arbitration. 𝐄𝐧𝐡𝐚𝐧𝐜𝐞𝐝 𝐀𝐮𝐭𝐨𝐧𝐨𝐦𝐲 𝐢𝐧 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐨𝐫 𝐒𝐞𝐥𝐞𝐜𝐭𝐢𝐨𝐧 𝑬𝒙𝒊𝒔𝒕𝒊𝒏𝒈: Limited guidelines on arbitrator independence, potentially affecting neutrality. 𝑰𝒏𝒏𝒐𝒗𝒂𝒕𝒊𝒗𝒆: Detailed guidelines inspired by the IBA Rules categorize disclosures to ensure arbitrator impartiality, allowing greater party autonomy in arbitrator selection. 𝐂𝐨𝐬𝐭 𝐚𝐧𝐝 𝐄𝐟𝐟𝐢𝐜𝐢𝐞𝐧𝐜𝐲 𝐌𝐞𝐚𝐬𝐮𝐫𝐞𝐬 𝑬𝒙𝒊𝒔𝒕𝒊𝒏𝒈: Costs weren’t consistently regulated, sometimes placing unfair burdens on one party. 𝑰𝒏𝒏𝒐𝒗𝒂𝒕𝒊𝒗𝒆: The Draft provides clear cost regimes for both international and domestic arbitration, adopting the “costs follow the event” principle to improve fairness and transparency. 𝐈𝐧𝐭𝐞𝐫𝐢𝐦 𝐌𝐞𝐚𝐬𝐮𝐫𝐞𝐬 𝐚𝐧𝐝 𝐄𝐧𝐟𝐨𝐫𝐜𝐞𝐦𝐞𝐧𝐭 𝑬𝒙𝒊𝒔𝒕𝒊𝒏𝒈: Limited power for arbitrators to enforce interim measures. 𝑰𝒏𝒏𝒐𝒗𝒂𝒕𝒊𝒗𝒆: The Draft empowers arbitrators to order interim measures that courts can enforce, giving more control to the arbitration process and strengthening its enforceability. Overall, the Draft aims to position Pakistan as an arbitration-friendly jurisdiction, making dispute resolution more reliable and fostering economic growth. How do you think this Draft could impact arbitration practices in Pakistan and internationally? Share your thoughts below!