LEGAL PLUS Global’s Post

Attending today's event on international arbitration with White & Case LLP’s Laetitia Souesme, Poorvi Satija, and trainee Jacob Bennett was incredibly insightful. The speakers shared not only their unique career journeys but also their perspectives on the benefits and complexities of arbitration, providing a fascinating look into the work and challenges within international dispute resolution. Here are a few highlights from the discussion: • The New Arbitration Act: Anticipated for 2025, the upcoming Arbitration Act aims to modernise the UK’s arbitration framework, potentially making it an even more attractive global hub. The Act’s proposed reforms are set to streamline procedures and add clarity—key elements in managing complex, cross-border disputes. • Advantages and Disadvantages of Arbitration: The panel gave a balanced view of arbitration’s strengths—particularly its confidentiality, neutrality, and flexibility for international disputes. However, they also acknowledged some challenges, including the costs and potential delays when managing multi-phase cases. • Enforceability of Awards: Laetitia Souesme emphasised that enforceability is perhaps the most attractive feature of arbitration. The New York Convention allows awards to be recognised in over 160 countries, providing parties with a level of security and predictability that’s often lacking in court judgments. • Neutrality and the ADR Landscape: Poorvi Satija expanded on arbitration’s role within the broader spectrum of alternative dispute resolution, which also includes negotiation, mediation, and litigation. She highlighted the essential impartiality of arbitration tribunals, showing how this neutrality is integral to providing a balanced solution for complex international disputes. • Role of an Arbitration Trainee: Jacob Bennett shared valuable insights into the dynamic role of a trainee in international arbitration. Trainees are encouraged to dive into every stage of the case—whether it’s research, document review, or preparation for hearings. Engaging with the case beyond just assigned tasks is key to success in this field. Thank you to White & Case LLP and Legal Cheek for hosting such an insightful event! For anyone considering a career in international arbitration, this session was a fantastic look at what the field entails and the unique opportunities it presents. #WhiteandCase #InternationalArbitration

Why study Chinese law? The award for top foreign user of the Singapore International Arbitration Centre (#SIAC) for 2023 goes to China (followed by India and USA). Also given the growth of China and the fact that international arbitration often straddles several laws, it is therefore important for me to learn about the Chinese legal system and its laws (and Chinese legal terms), and I have been attending weekly classes conducted by Prof Wei Zhang under the China Ready Programme for the past 10 weeks to do just that.   I went into the course expecting Chinese law to be an entirely different creature. But I was surprised by the large extent to which Chinese law concepts correspond to that in Singapore law (and for that matter, to that in the common law world). Perhaps this should not be surprising considering that Chinese law has its roots from the German civil law system, and there have been active law reform over the years to modernise. These learning points stood out for me: 1️⃣ Arbitration: There is no concept of arbitral seat in Chinese arbitration legislation, but the courts have recognised the concept. Ad hoc arbitration in China (not administered by an arbitral institution) is not recognised/enforceable in China, but ad hoc arbitral awards seated out of China are enforceable in China. 2️⃣ Company law: A Chinese company not only has got a board of directors, it also has this creature called the supervisory board (1/3 must be employee representatives) which supervises the board of directors and has the power to commence legal action against the directors for breach of duty. 3️⃣ Administrative Law: Under the Administrative Reconsideration Law 1999, a person aggrieved by any administration action by a governmental department can make an application to a superior department under the relevant hierarchy for the administrative action to be reconsidered. If the aggrieved person does not agree with the decision by the superior department, he or she can then commence court action.  Module 1 done. Looking forward to delve deeper into the Chinese legal system and thought in the next 2 modules of the programme.

Three Crowns LLP has maintained a band one ranking for international arbitration in the 2024 edition of Chambers Global: Global Market Leaders. In addition, the firm has maintained a leading ranking in public international law. Constantine Partasides KC has been recognised as a “Star Individual” for international arbitration in this year’s guide, and Gaetan Verhoosel KC, Georgios Petrochilos KC, and Todd Wetmore have maintained their leading rankings. Chambers and Partners recognises Three Crowns as a “market-leading global practice”, highlighting the firm’s deep expertise in both commercial arbitration and investment treaty claims and the team’s experience in representing sovereign States and private sector heavyweights. Across the Chambers Global rankings for international arbitration, Three Crowns is the only firm to hold a Band 1 ranking in Chambers Global, Europe, France and the UK (commercial and investor-state). To find out more and to view the full rankings, click below.

Overview of International Arbitration in Pakistan International arbitration in Pakistan is governed by two primary legislative instruments: the Arbitration Act, 1940, which applies to domestic arbitrations, and the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, which pertains to foreign arbitrations. These laws are mandatory and ensure Pakistan's compliance with international conventions such as the New York Convention, to which Pakistan is a signatory. Legislative Framework The Arbitration Act, 1940, and the Foreign Arbitral Awards Act, 2011, form the cornerstone of arbitration law in Pakistan. The former governs domestic arbitration, while the latter implements the New York Convention's provisions into domestic law, facilitating the recognition and enforcement of foreign arbitral awards. Pakistan has ratified the New York Convention, with the reservation that it applies only to awards made in the territory of another contracting state. Additionally, Pakistan is a signatory to the ICSID Convention, further embedding international arbitration practices into its legal framework. Comparison with UNCITRAL Model Law Pakistan's arbitration laws differ significantly from the UNCITRAL Model Law. Key distinctions include the allowance for two arbitrators and an umpire under the Arbitration Act, the courts' power to remit matters back to the arbitral tribunal, and the broader grounds for setting aside an award, which include serious errors of law and apparent errors on the face of the record. Unlike the Model Law, the Arbitration Act does not provide arbitrators with the power to grant interim measures, leaving such authority to the courts.

Resource: How to Break Into International Arbitration: Useful Resources for Young Practitioners and Students Members of Signature Litigation Paris’ International Arbitration team, Partner Flore Poloni and Associate Kimberley Bazelais, were invited recently to contribute to ‘How to Break Into International Arbitration: Useful Resources for Young Practitioners and Students’, a key compendium and resource for aspiring arbitration practitioners worldwide. ‘How to Break Into International Arbitration: Useful Resources for Young Practitioners and Students’ is a widely used and relied upon resource in the arbitration community globally and was originated by renowned international arbitrator and mediator, Professor Mark Kantor. This resource is the product of a collaborative effort between the Georgetown International Arbitration Society (GIAS), Signature Litigation, and Young OGEMID (OGEL Energy Law / Transnational Dispute Management (TDM)). We extend our sincere thanks to those who have contributed to this document: Mark Kantor, Independent Arbitrator; Professor Anne Marie Whitesell, Faculty Director of the Program on International Arbitration and Dispute Resolution, Georgetown University Law Center; Professor S.I. Strong, K.H. Gyr Professor of Private International Law, Emory University School of Law, and Moderator, Young OGEMID; Flore Poloni, Partner, and Kimberley Bazelais, Associate, at Signature Litigation; and Devna Arora, Vice President of GIAS (2023-2024). We encourage members of the international arbitration community to share this resource widely! Read more here: https://lnkd.in/e8P9MZcT

Arbitration Clauses By Dickson Jere A Zambian company was sub-contracted by an international firm to do some works in Zambia. The two signed contracts in which they agreed to refer any disputes to arbitration to be held in Spain before the Spanish Court of Arbitration. Few months into contract, a dispute arose over payment and works done at the site in Zambia. The Zambian company sued in the High Court for Zambia demanding that the case be held in Zambia because it was a Zambian dispute as well as all witnesses were in Zambia. So the convenient forum for the parties was Zambia. It further argued that the Court should approve the appointment of a Zambian Arbitrator and that it will be cheaper. On the other hand, the international company opposed the application and emphasized that once arbitration clauses have been signed by the parties, they cannot be altered by the Courts. In other ways, arbitration clauses are binding on the parties and must be followed to the later! In this case, it was vehemently argued that Parties must adhere to the terms and refer the case to Spain. High Court Judge William Mweemba had to decide this case based on the principles of arbitration law and forum convenience. “I agree with Mr. (Dickson) Jere’s argument that although the dispute arose in Zambia, the Parties are in Zambia and the witnesses are in Zambia, the arbitration will be held in Spain unless the parties decide otherwise with mutual consent or acquiescence…,” said Judge Mweemba in his Ruling. “Courts lack jurisdiction to alter arbitration agreement agreed upon and signed by the Parties,” he further said and referred the case to the Spanish Court of Arbitration. On forum convenience being Zambia, this is what the Judge said: “The legal doctrine of forum conveniens does not apply to arbitration since the parties choose the arbitrators to adjudicate their disputes,” Judge Mweemba said. Always read through the arbitration clauses before signing the contract or indeed seek counsel from lawyers. Most international companies come with standard contracts whereby arbitration clauses refer the dispute to the country of origin. Pay attention - the devil is in the detail. I hope my students will read the full text of the Ruling for further discourse on arbitration law vs forum convenience. Full details read the case of Global Banners Limited v Ceinsa Zambia Limited - 2017/HPC/0205

Great to see Three Crowns LLP maintain a band one ranking for international arbitration in the latest edition of Chambers Global: Global Market Leaders, as well as being recognised as a leading firm in public international law in #ChambersGlobal2024! #internationalarbitration #internationallaw #chambersandpartners

Learn from highly experienced and distinguished tutors with Ciarb’s Global Diploma in International Commercial Arbitration.  Evaristo Treviño Berlanga says, “This course is an extraordinary opportunity to learn the latest trends in international arbitration, to hear from the top specialists in the field, and most importantly, meet highly talented individuals from all over the world who become colleagues and friends.”    There are only a few days left to register your interest in this prestigious Diploma. Don’t miss out!    📌 Starts: 6 September 2024    📍 Worcester College, Oxford    🔗 Register by 28 June 2024: https://lnkd.in/e3X2Wx9b     #Ciarb #arbitration #law #legal #legalprofession #training