Istanbul Arbitration Week’s Post

Following on from the successful Azerbaijan Arbitration Days conference in Baku which was held in April, TWCOG are one of the proud sponsors of the upcoming Global Disputes Summit in London on 1-3 July 2024. Anthony Way, Managing Partner of TWCOG will also be speaking at the event. The conference will be covering topics such as key trends in International Arbitration, how to choose an Expert and exploring the new dynamics of Arbitration. https://lnkd.in/e9g8EiiX #GlobalDisputesSummit #internationalarbitration #oilgas

🌟 Insights from ISTAW 2024 with Mian Sheraz Javaid! We had the privilege of interviewing Mian Sheraz Javaid, Barrister at No5 Barristers’ Chambers, during ISTAW 2024. 🌍 A Civil-Engineer-turned-Barrister specializing in construction and energy law, Mr. Javaid shared his unique perspectives on the intersection of engineering and dispute resolution. With a global practice spanning jurisdictions like the UK, Pakistan, the DIFC, Singapore, and the Astana International Financial Centre, Mr. Javaid’s experience as an Arbitrator, Mediator, Adjudicator, and Dispute Board Member provided invaluable insights into managing complex disputes in the construction and energy sectors. As the Founding Chair of the Chartered Institute of Arbitrators (CIArb) Pakistan Branch and a global faculty member for ADR training, Mr. Javaid highlighted the importance of education and collaboration in advancing alternative dispute resolution practices worldwide. 🔗 A heartfelt thank you to Energy Disputes Arbitration Center (EDAC) and all our speakers and sponsors for making ISTAW 2024 a platform for meaningful dialogue and innovation in arbitration. Stay tuned for more exclusive interviews and reflections from ISTAW 2024! #ISTAW2024 #InternationalArbitration #EDAC #ConstructionLaw #EnergyLaw #DisputeResolution #GlobalArbitration #Networking

We are pleased to announce Berk Demirkol as a speaker at ISTAW 2024! An esteemed academic and expert in international arbitration and public international law, Dr. Demirkol serves as a faculty member at Galatasaray University. His research focuses on state responsibility, investment treaty arbitration, and the intersection of international and domestic legal systems, making him a prominent voice in the field. Dr. Demirkol’s extensive knowledge and academic contributions provide valuable insights into the evolving landscape of arbitration. We are excited to hear his perspectives and learn from his expertise at ISTAW 2024! #ISTAW2024 #BerkDemirkol #InternationalArbitration #PublicInternationalLaw #SpeakerSpotlight

Key Dates in Arbitration and Crucial Distinctions In the recent case of Friedhelm Eronat -v- CPNC International (Chad) Ltd and Cliveden Petroleum Co. Ltd [2024] EWHC 2880 (Comm), the Commercial Court provided valuable clarification on the distinction between the date an arbitral award is made and the date it is notified to the parties. The case involved a dispute concerning an indemnity deed tied to oil and gas rights. The claimant, seeking to appeal a partial arbitration award, argued that the appeal period should run from the date they were notified of the award rather than its issuance. The Court rejected this argument, confirming that under the Arbitration Act 1996, the date of an award is when it is signed by the tribunal, not when it is served on the parties. Implications for Disputing Parties - Strict Enforcement of Time Limits: In this case, the 30-day appeal period began on the date the award was made (11 April 2024), not the date of notification. - Contractual Precision: The parties’ contract explicitly waived rights to appeal under the Arbitration Act, except within the agreed terms. The Court upheld this agreement, leaving no room for an extension of time. - Prompt Action Required: The judgment highlights the importance of promptly obtaining and reviewing arbitral awards to avoid time-bar issues. Delayed collection or inaction can lead to the forfeiture of valuable rights. This judgment reinforces the importance of clearly understanding procedural rules and deadlines in arbitration. The distinction between the date an award is issued and when it is notified can have significant consequences for the rights of the parties. Time limits for appeals or challenges are strictly enforced, leaving little room for error or delay. #ArbitrationLaw #DisputeResolution #CommercialLitigation #ULA #ProceduralCompliance #TimeLimits #ContractualDisputes #LegalUpdates #BusinessLaw #LitigationRisk

In the Global Arbitration Review Guide to Damages in International Arbitration, Julie Carey, Christian Dippon, and Ralph Meghames summarize key economic considerations when deriving a proper assessment of damages and provide a checklist for arbitrators. Read more:

HFW Paris Partner Julien Fouret has been ranked Thought Leader for Arbitration and France in Lexology's Who's Who Legal rankings. WWL asked Julien, what advice would you give to the next generation of international arbitrators? "Be patient, things are slowly, but surely, changing. The future will include more practitioners, more diverse practitioners, to obtain a decision-making process closer to the actual reality of the world. And it is only then that we can hope to have a system less prone to criticism which appears more like an example for all judicial systems around the world." Read the full WWL Q&A with Julien here: https://lnkd.in/g5H-xjqF Julien specialises in international commercial arbitration and investment treaty arbitration notably in the construction, energy, hospitality, mining, and oil and gas sectors. Find out more about his practice here: https://lnkd.in/e4rSaxj7 #WWL #WhosWhoLegal #ThoughtLeader #Arbitration #InternationalArbitration #InvestmentTreatyArbitration 

Now in its fourth year, İstanbul Arbitration Week is designed to meet the needs of arbitration law firms and in-house lawyers across multiple sectors and jurisdictions, addressing many of the practical challenges and leading topics in the field of international arbitration. #ISTAW2024 #İstanbul #Türkiye #arbitration #internationalarbitration #privatepractice #inhousrlegal #legalcounsel #legalconference #legalevents

Our Of Counsel, Melis BUYUKCELEN, representing our team at Istanbul Arbitration Days! Today, the first day of panels covered various topics such as complex arbitrations, in-house counsels in international arbitration, sovereigns & states disputes, and arbitration in the construction industry. Special thanks to Professor Dr. Ziya Akinci and the Istanbul Arbitration Centre / ISTAC team for their exceptional efforts in organizing this gathering. Anticipating the insightful sessions ahead! #IstanbulArbitrationDays #Arbitration #LegalCommunity #ComplexArbitrations #InternationalArbitration #SovereignDisputes #ConstructionIndustryArbitration #LegalEvents #Istac #MandCOLegal

The English Commercial Court concluded in Aiteo Estern E & P Company Limited v Shell Western Supply and Trading Limited & Ors [2024] EWHC 1993 (Comm), that there was apparent bias by one of the three members of the Tribunal. Aiteo claimed Dame Gloster of apparent bias due to her professional connections with Freshfields. Aiteo applied to the Commercial Court under section 68 Arbitration Act 1996 to set aside the awards on the grounds of apparent bias being a serious irregularity that unfairly affected them. Applying the standard from Halliburton v. Chubb, the Court determined that Dame Gloster's arbitral appointments and Freshfields' expert and advising engagements with her could have reasonably been perceived by an observant and unbiased party as raising the prospect of unconscious bias. The Court stated that given the fact that the Freshfields individuals involved in the advisory and expert engagements were not the same as those involved in the ongoing arbitration in question, it is possible that a "fair-minded observer" would have concluded that Dame Gloster was "on the right side of the line" if the full picture had been disclosed in a timely manner as it emerged. It is uncommon for an arbitrator to be removed due to apparent bias, and the ruling by the UK Commercial Court is a unique instance of a challenge that was successful. This is a useful reminder regarding the importance of timely, complete, and accurate disclosures to avoid accusations of bias. (a) Link to the decision: https://lnkd.in/eyuFeUc7 or (b) view other cases: https://lnkd.in/dKHDHc4 or (C) request to speak with a Prime Dispute Fellow - please email contact@primedispute.com

Looking to venture into international arbitration but not sure where to start? Our highly popular Module 1 course and its accompanying assessment (available separately) will help you to acquire the knowledge needed to: 💡Understand international arbitration as a party, party representative or witness. 💡Carry out the tasks required in preparing for and progressing an international arbitration. 💡 Assist in an international arbitration, communicating effectively with the parties, applying the UNCITRAL Arbitration Rules and adopting appropriate procedures. 📌 Starts: 12 September 2024 🔗 To book and for more information, visit the link here: https://lnkd.in/e57Kiayt Leads towards eligibility for Ciarb Member status (MCIArb) 🚀 #Ciarb #arbitration #legalprofessional #disputeresolution