Regions

India related commercial contracts: dispute resolution and governing law clauses

Herbert Smith Freehills has published a new edition of its well-regarded Guide on dispute resolution and governing law clauses in India-related commercial contracts. The Guide is intended to assist in-house counsel who handle India-related commercial contracts on behalf of non-Indian … Continue reading

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Filed under Arbitration clauses, Asia, India, News, Publications and Guides

Taiwan’s CAA adopts new international arbitration rule

Taiwan’s Chinese Arbitration Association (“CAA“) has adopted new arbitration rules for arbitrations seated outside Taiwan. The Chinese Arbitration Association Rules, International (known as the “CAAI Rules“) came into effect on 1 July 2017 and are intended to apply to arbitrations … Continue reading

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Filed under ADR, Asia, Hong Kong & China

SIAC opens Representative Office in Gujarat International Finance Tec-city (GIFT) India

The Singapore International Arbitration Centre (SIAC) has opened its second representative office in India in the International Financial Services Centre (GIFT IFSC) in GIFT, Gujarat, to assist in the promotion of international commercial arbitration Pursuant to Prime Minister Modi’s push … Continue reading

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Filed under ADR, Asia

NAFTA Renegotiation: ISDS reform objectives

The United States will lobby for changes to the investor-state dispute settlement (“ISDS”) provisions of the North American Free Trade Agreement (“NAFTA”) in the upcoming discussions to renegotiate the regional treaty. ISDS reform is one of several “negotiating objectives” announced … Continue reading

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Filed under Investment Arbitration, ISDS, Public International Law, The Americas, Trade Agreements

MCIA recognised by the Supreme Court of India as an appointing institution

As previously reported here and here, the Mumbai Centre for International Arbitration (MCIA) was launched in October 2016, to promote institutional arbitration in India. The MCIA has been established as a joint initiative between the government of Maharashtra in India … Continue reading

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Filed under ADR, Arbitration laws, Asia

EU – Japan Economic Partnership Agreement announced

On 6 July 2017 the EU and Japan announced an agreement in principle on their Economic Partnership Agreement (“EPA“).  The scale of this agreement is eye-popping: once in effect the EPA will cover nearly 40 percent of all goods exports, … Continue reading

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Filed under Asia, East Asia, EU, Europe, ISDS, News, Trade Agreements

ICC to open representative office in Abu Dhabi

The ICC has announced that it will be opening a representative office in the United Arab Emirates to service the Middle East and North Africa region.  The office aims to be open by early 2018 in the new arbitration hearing … Continue reading

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Filed under Institutions, Middle East, News

Australia is the first state in the Asia-Pacific region to sign the Mauritius Convention

On 18 July 2017, Australia became the first state in the Asia-Pacific region to sign the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention. Globally, Australia was the 21st signatory to the Mauritius … Continue reading

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Filed under ADR, Australia, UNCITRAL Model Law

Apology legislation passed in Hong Kong – what does it mean for you

On 13 July, Hong Kong’s Legislative Council passed a law (the Apology Law) intended to facilitate the resolution of civil disputes in the territory. The Apology Law, which is expected to be gazetted and come into force shortly, reforms the … Continue reading

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Filed under ADR, Asia, Hong Kong & China

Second Circuit Upends Enforcement of ICSID Awards in New York, Eliminates Circuit Split

In a ruling handed down on July 11, 2017, the United States Court of Appeals for the Second Circuit resolved a circuit split that had sown legal uncertainty on the correct procedure for the enforcement in the United States of … Continue reading

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Filed under Enforcement, Investment Arbitration, ISDS, Public International Law, Sovereign Immunity, The Americas