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A Happy New Year with the 2021 DIFC-LCIA Rules
At the dawn of the New Year, following their adoption in November 2020, the revised DIFC-LCIA Rules of Arbitration (the “2021 DIFC-LCIA Rules”) have now entered into force with effect from 1st January...
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International Law Talk Podcast and Arbitration: Arbitrating in the Emergency...
International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration,...
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How Far to Reach an International Standard? The Applicable Standards for...
In 2019, Mainland China and Hong Kong entered into a groundbreaking bilateral arrangement regarding interim measures for arbitration, i.e., Arrangement Concerning Mutual Assistance in Court-ordered...
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Will Taiwan Become a Model Law Jurisdiction?
Although Taiwan’s legislative and judicial practices already conform to the spirit of the New York Convention (“Convention”) and the Model Law, it appears that non-Taiwanese parties nevertheless remain...
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Guidance from Ukraine: Are Emergency Arbitration Decisions in Investment...
The institution of emergency arbitration (EA), in general, and its usage in investment treaty-based disputes, in particular, is a relatively new procedural tool. In investment disputes, EA has...
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Rekindling the Debate on Enforcement of Foreign Seated Emergency Awards in India
Recently the Supreme Court of India in Amazon.com NV Investment Holdings Inc. v. Future Retail Ltd, (“Amazon v. Future”) took a progressive step by enforcing an emergency order/award rendered by an...
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Emergency Award or Approaching Court for Interim Relief? – Has the Amazon...
In August 2021, the Indian Supreme Court (‘Court’) in Amazon v. Future found an emergency award rendered in an arbitration seated in India (New Delhi) to be enforceable as if it were an interim order...
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In Recap: ICC Asia-Pacific Conference on International Arbitration 2022 (Part I)
At the recent hybrid 7th ICC Asia-Pacific Conference on International Arbitration (the “Conference”), a palpable sense of happiness and community resonated throughout the day. Mr Justin D’Agostino...
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Australian Arbitration Week Recap: The Great Debate – In an Emergency, Do You...
The annual “Great Debate” took place on the fourth day of Australian Arbitration Week. This event, organised with the support of hosting sponsor Corrs Chambers Westgarth, has now become a mainstay of...
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When Not to Enforce: Status of Enforcing Foreign Emergency Awards in Singapore
On 7 October 2022, the High Court of the Republic of Singapore (“High Court”) delivered a landmark decision on the enforceability of foreign emergency arbitration awards in CVG v CVH. The High Court...
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Bid Challenges: What Role Can Arbitration Play in Tender Disputes?
Competitive tendering for construction and engineering contracts is an essential element of business for the industry. Huge expenditure is devoted to public infrastructure projects and effective...
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Arbitration or Court Proceedings in Emergencies: Tipping the Scale from a...
Introduction An emergency by definition is a “sudden serious and dangerous event” that requires “immediate action”. For instance, shareholder A needs to prevent shareholder B from publicizing...
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2022 Year in Review: Coming of Age of Indian Arbitration
In recent years, arbitration in India has grappled with numerous challenges. Recalcitrant parties knocking on the doors of trigger-happy courts ensured, unfortunately, that arbitration was viewed with...
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“I love my job”: An Ode to SCC Emergency Arbitration
Readers of this blog need little convincing of the advantages of arbitration over litigation. Historically, one of the hold-out trump cards of litigation was the possibility of court-ordered (and thus,...
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First ICC Arbitration Conference in the South of Brazil Marks a Milestone
In 2023, the ICC International Court of Arbitration (“ICC Court”) celebrated 100 years as the world’s leading arbitral institution. To celebrate this milestone, on 25 May 2023, the ICC Court and the...
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Enforcement of Foreign Interim Measures in Italy: Is the Reformed Italian...
The recent reform of Italian arbitration law, which went into effect on 28 February 2023, has finally put an end to the historical prohibition for Italian-seated sole arbitrators and arbitral tribunals...
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The 2023 SIAC Draft Rules: Raising the Bar for Efficiency
On 22 August 2023, the Singapore International Arbitration Centre (“SIAC”) published the Draft 7th Edition of the SIAC Rules (the “Draft Rules”) for public consultation. The Draft Rules introduce...
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Chile’s CAM Santiago Unveils Its First Regulation On Emergency Arbitration
On 11 August 2023, the Santiago Arbitration and Mediation Center (“CAM Santiago”) – Chile’s main arbitration center – presented its new regulation on emergency arbitration, which was incorporated into...
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The Plurinational Constitutional Court of Bolivia Sets a Limit on its Own...
Generally, by virtue of the principle of territoriality, the national courts of a State have jurisdiction only over persons and acts committed within the territory. In this context, the national courts...
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Emergency Arbitration in the English Arbitration Bill: A Leap Forward?
Following the recommendations of the Law Commission of the UK (here, here and here), the English Arbitration Act 1996 (EAA) is presently undergoing a substantial reform phase after nearly 27 years. The...
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