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Delos GAP Symposium 2024: Evidence In Corruption Matters: How Much Is Needed?...
On 4 September 2024, Delos hosted the “Delos GAP Symposium 2024” at the Paris Arbitration Centre by Delos. The topic of this year’s symposium was “Corruption & International Arbitration”. After...
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Angel Samuel Seda and Others v Colombia: New Pathways in the Application of...
One of the most contentious issues in investor-state dispute settlement (“ISDS”), leading to an extensive scholarly debate, and yet one of the least decided legal questions in arbitral practice is the...
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The ECtHR and the Recognition of International Arbitral Awards: The Court’s...
On 5 March 2024, the European Court of Human Rights (“ECtHR” or “the Court”) delivered its judgment in Iliria S.R.L. v. Albania (“Iliria”), a case concerning a complaint under Article 6(1) of the...
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The Deutsche Telekom v India Saga: Multi-Jurisdictional Proceedings,...
Large arbitral awards have generally given rise to multi-jurisdictional post-award litigation (see Yukos). The Deutsche Telekom v India saga is a similar instance, with the Republic of India (“India”)...
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Enforcing Interim Awards in Pakistan – Finality or Binding?
The pro-enforcement presumption is now well-established in Pakistan, where the doctrine continues to be regularly tested before the Pakistani courts. This blog post analyzes the latest developments...
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New VIAC Selected Arbitral Awards Published Through the ITA Arbitration...
The Vienna International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC)’s Selected Arbitral Awards are intended to provide a unique and valuable insight into a diverse range of...
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Recognition and Enforcement of Foreign Arbitral Awards in China Between...
This post provides an analysis of 203 cases concerning the recognition and enforcement of foreign arbitral awards in Mainland China between 2012 and 2022. Part I presented statistics on recognition and...
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Recognition and Enforcement of Foreign Arbitral Awards in China Between...
This two-part article provides an empirical analysis of hundreds of cases concerning the recognition and enforcement of foreign arbitral awards in Mainland China between 2012 and 2022. In summary, the...
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Change of Trend: Award Condemns Peru to Compensate Investor for Breach of the...
Despite the good results obtained for several years in its defense from investment arbitration claims, the Republic of Peru has become one of the countries with the highest number of arbitration claims...
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Colombia’s Supreme Court of Justice: Recent Decisions on Recognition and...
This post addresses the recognition and enforcement of foreign awards in Colombia and summarizes two important cases decided in 2022 by the Civil Chamber of the Colombian Supreme Court of Justice...
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Global Impact of the Pandemic on Arbitration: Enforcement and Other Implications
The COVID-19 outbreak as of now affects 183 states and a number of territories. Out of 164 State signatories to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the...
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Virtual Hearings to the Rescue: Let’s Pause for the Seat?
The COVID-19 pandemic catapulted discussions on online dispute resolution methods like no other phenomenon. With this, determining the proper seat for online arbitration has become the center of...
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The Border of Slovenia and Croatia – Where the CJEU Reached the Frontier of...
On 11 December 2019, the Advocate General Priit Pikamäe delivered its Opinion recommending the Court of Justice of the European Union (“CJEU”) to declare that it does not have jurisdiction to rule in...
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The Consequences of the Non-Disclosure of Conflict of Interest on the...
Arbitrators and tribunal-appointed experts are at all times obliged to disclose any and all circumstances that might give rise to doubts as to their impartiality and independence. This is one of the...
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The New York Convention in the Hungarian Court Practice in Two Decades –...
This post analyses the decisions of Hungarian courts rendered under the New York Convention (“Convention”) and published in the last two decades. The decisions were initially made available to the...
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Is There Finally a (Partial) Solution to the 2017 Hungarian Arbitration Act’s...
As reported in earlier blog posts on the Kluwer Arbitration Blog, 1) See, e.g., Zoltán Novák, New Arbitration Act in Hungary, Kluwer Arbitration Blog, 15 October 2017; Alexandra Bognár, Hungary: Are...
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Is the D.D.C. Becoming a Specialized Enforcement Court?
Introduction The enforcement bar is becoming more specialized. This development follows the trend in U.S. litigation towards increasing specialization and the growth of niche practice industries; but...
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Libra v CODESP: Is Arbitration in the Brazilian Ports Sector Salvageable?
A long-term dispute between Libra Terminais S.A., Libra Terminais Santos S.A., two companies belonging to one of the major port operating groups in Brazil (“Libra”), and the Dock Companies for the...
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Could a Reduction in a State’s Income Violate Public Policy – A View on Turkey?
The Public Policy Exception as an Unruly Horse There is an ongoing quest for a uniform application of the New York Convention. However, the interpretation of the exceptions to enforcement still varies....
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Costs in International Arbitration – Are Changes Needed?
A little under ten years ago Sir Rupert Jackson proposed significant reforms to reduce the costs of litigation in England and Wales. It is fair to say that while his reforms have received both praise...
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