On 6 March 2018 the Court of Justice of the European Union (“CJEU”) issued its judgment in Case C-284/16 Slovak Republic v Achmea BV. The CJEU ruled that investor-State arbitration clauses in investment treaties concluded between EU Member States (“intra-EU
ARBlog
International Arbitration News, Trends and Cases
ARBlog, published by Hogan Lovells, focuses on international arbitration and dispute resolution. It covers topics such as arbitration procedures, arbitrator duties and impartiality, dispute avoidance mechanisms including mediation and dispute boards, and innovations in arbitration practice like digitalization and remote hearings. The blog discusses legal developments and case law relevant to arbitration, including issues of arbitrator disclosure and bias, efficiency in construction arbitration, and management of arbitration proceedings. It also addresses arbitration in specific sectors such as insurance and construction, providing insights into procedural and substantive arbitration challenges.
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OHADA Arbitration: Reforms adopted to keep the system modern
An updated framework for arbitration
The twin pillars of OHADA – the Uniform Act on the Law of Arbitration and the Rules of Arbitration of the CCJA – have now been updated.
On 15 March 2018, three new texts adopted…
A Cautionary Tale for Commencing Multi-Contract Arbitrations
It’s unusual for English courts to set aside an arbitral award, but the Commercial Court did just that in the recent case of A v B [2017] EWHC 3417 (Comm). It warned parties entering arbitration not to assume a single…
Newly published Judicial Interpretations on arbitration in China
On 29 December 2017, the Supreme People’s Court of China (SPC) published two judicial interpretations (Interpretations) which came into force on 1 January 2018. Both Interpretations sought to clarify and provide consistency to the judicial review process between domestic, foreign-related…
The Morocco-Nigeria BIT: a new breed of investment treaty?
This blog post was first published on the Practical Law arbitration blog.
On 30 August 2017, the Moroccan Parliament ratified the Morocco-Nigeria bilateral investment treaty (“BIT”), which now awaits ratification by Nigeria. This treaty, part of a suite…
Applying for summary procedures in international arbitration: striking the balance
This blog post was first published on the Practical Law arbitration blog.
The scope of arbitrators’ powers to order summary procedures is open to debate. Any application for summary measures requires careful consideration of the possible benefits to be…
Arbitrator bias: should we judge a book by its cover?
This blog post was first published on the Practical Law arbitration blog.
Tribunals have a fundamental duty to act fairly and impartially under section 33(1)(a) of the English Arbitration Act (“AA 1996”). Where a party feels an arbitrator is…
Legal advice privilege in England and the “closest connection” test
This blog post was first published on the Practical Law arbitration blog.
English-seated arbitral tribunals have a great degree of flexibility in determining the applicable rules of privilege. Pursuant to sections 34(1) and 34(2)(d) of the Arbitration Act 1996…
Arbitration: a new forum for business and human rights disputes?
This blog post was first published on the Practical Law Arbitration Blog.
On 27-29 November 2017, the United Nations Forum on Business and Human Rights will convene in Geneva. Its central theme: Access to Effective Remedy. In line with this…
Hong Kong Court Refuses to Grant Crown Immunity to PRC State-Owned Enterprise
In TNB Fuel Services SDN BHD v. China National Coal Group Corporation HKCFI 1016 (“TNB Case”), the Court of First Instance (“CFI”) ruled that a PRC state-owned enterprise (“SOE”) was not entitled to Crown immunity. It upheld an arbitration award…