Arbitrage international

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  •  
    27/03/2024
    Europe

    The CJEU finds that the UK violated its European Law obligations when it complied with pre-existing ICSID Convention obligations without waiting for CJEU to first rule on the issue

    On 14 March 2024, in the case of European Commission v United Kingdom of Great Britain and Northern Ireland, the Court of Justice of the European Union (“CJEU”) found that the UK “seriously compromised the EU legal order” and violated its obligations under the Treaty on the Functioning of the European Union (“TFEU”). This finding concerned a decision by the UK Supreme Court (“UKSC”) to enforce an “intra-EU” ICSID arbitral award on the grounds that the UK’s international obligations under the ICSID Convention pre-dated and were not...
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  •  
    01/03/2024
    International

    Pre-conditions to arbitration and the FIDIC 2nd Edition

    Amendments to the FIDIC 2nd Edition contracts published in November 2022 have narrowed the definition of “Dispute” to more closely align it with the pre-conditions to DAAB and arbitration proceedings specified by the form. The narrower definition raises the potential for new jurisdictional objections to be made in DAAB or arbitration proceedings commenced without compliance with those pre-conditions. In this Law-Now, we consider recent developments in the approach taken to arbitral pre-conditions in a number of international jurisdictions, before considering the specific issues thrown...
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  •  
    09/01/2024
    International

    Justice in the Digital Age: Exploring AI’s Role in International Arbitration

    IntroductionThe use of artificial intelligence (“AI”) in international arbitration has been a topic of debate and discussion long before the launch of chatbot ChatGPT in late November 2022.  Indisputably, the adoption of AI tools by the legal profession provides myriad benefits to both clients and legal practitioners.  For instance, the deployment of programs to undertake cumbersome, high volume, resource intensive legal research and document reviews with significantly greater efficiency and corresponding net time / costs savings. With increased use of AI in the legal...
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  •  
    09/01/2024
    UAE

    The emergence of arbitrateAD

    IntroductionThe United Arab Emirates (UAE) is reinforcing its status as a global hub for international arbitration with the implementation of the Abu Dhabi International Arbitration Centre, which will replace the old Abu Dhabi Commercial Conciliation and Arbitration Centre (“ADCCAC”).Branded as “arbitrateAD”, the new Centre will have a board chaired by His Excellency Abdulla Mohamed Al Mazrui and vice-chaired by the leading international arbitrator Gary Born. ArbitrateAD’s operations will be overseen by Kristen Campbell-Wilson, formerly of the Stockholm Chamber of...
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  •  
    16/11/2023
    Allemagne

    Are arbitration clauses relevant to patent disputes and if yes, why? – The German Federal Patent Court on the interrelation between revocation actions and arbitration

    In a recent series of judgments, the German Federal Patent Court (BPatG) discussed the effects of an arbitration clause contained in a patent and knowhow Licence Agreement and two arbitral awards rendered on the basis of such a clause on the admissibility of several patent revocation actions by the licensee against the patent owner for German patents in the field of brake system technologies.In all judgments, the BPatG assessed in a remarkably detailed and structured manner whether the arbitration clause in the Licence Agreement or the arbitral awards rendered in the preceding arbitration under...
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  •  
    27/10/2023
    International

    In overturning USD 11 billion award for fraud, High Court invites discussion on arbitration’s ability to resolve large disputes involving states

    On 23 October, in The Federal Republic of Nigeria v Process & Industrial Developments Ltd. [2023] EWHC 2638 (Comm), Mr Justice Robin Knowles found that an arbitration award for USD 11 billion had been “obtained by fraud” and thus was “contrary to public policy.” While the Court has yet to decide whether the award should be entirely set aside or remitted to the arbitral tribunal, Mr Justice Knowles invited discussion upon how his factual findings touched upon several key issues central to the rule of law and the conduct of arbitration including the ability of the arbitral...
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