In this edition, our lawyers provide updates on important legal and practice developments from around the world, from the impact of the European energy crisis on international arbitration and a review of regional developments in Dubai, to a refreshed look at some of the more perennial procedural issues in international arbitrational.
Our lawyers take a look at recent trends in arbitration, including how the importance of ESG in corporate policies and investment decisions has resulted in a surge in the number of disputes in this area, and the likely impact this will have on claims brought in international arbitration. We also consider the topic of energy prices in Europe, a matter currently at the forefront of many of our clients’ minds, which will prompt greater scrutiny of existing contracts, particularly in respect of sanctions relief, and mechanisms for early exits and price reviews. With the invasion of Ukraine still ongoing, the inevitable fall out will be legal disputes, most of which we are expecting to see determined in international arbitration, and perhaps even under the emergency measures provided by certain institutional rules.
We explore some of new developments across our practice, such as the creation of the Hague Court of Arbitration for Aviation, the new 2022 DIAC rules in Dubai, recommendations for reform of the Arbitration Act in England and Wales, and the impact of two recent decisions that have redefined the landscape around US discovery in support of arbitration. Our contributors even take us off the planet in a consideration of the rights of, and recourse available to, those impacted by debris falling from space.
Finally, we revisit some age-old issues, with our lawyers providing a guide to the anatomy of the arbitration agreement, reviewing the various procedural requirements around serving a Notice of Arbitration and continuing our analysis of enforcement of arbitral awards against states, particularly in light of the current geopolitical climate.
US discovery in support of arbitration
Two recent decisions have further defined the landscape around US discovery in support of arbitrations.
The Law Commission’s provisional recommendations for reform of the Arbitration Act 1996
25 years after the Arbitration Act 1996 came into force, the Law Commission published a consultation paper containing its provisional proposals for reforming the Act.
Turning the taps off? Arbitration and the European gas crisis
Despite governments intervening to mitigate the effects of the war and related sanctions, the scale of the crisis as Europe enters winter is likely to mount.
ESG disputes in international arbitration
As the importance of ESG in corporate policies and investment decisions increases, so too will the number of disputes arising out of ESG-related issues.
The anatomy of an arbitration agreement
This article dissects the ‘standard’ components of arbitration agreements and provides examples of where poor drafting has resulted in unnecessary litigation.
Taking flight: The Hague Court of Arbitration for Aviation
This article is an early review of the HCAA, in which we consider the need for an aviation-specific arbitration centre and take a look at the key features of the HCAA.
What if space junk trashes your business
While we are yet to see any major destruction caused by space debris, it is no longer just the stuff of science fiction.
Recognition, enforcement and recovery of investment treaty awards: Part II
We examine foreign state immunity laws and their interaction with domestic regimes for the recognition and enforcement of investment treaty awards in more detail.
Notices of arbitration: getting off on the right foot
We highlight in this article points for drafting and delivering notices of arbitration that pass muster.
Impact of the current geopolitical climate on award enforcement against states
Enforcing an arbitral award against a state presents unique challenges, distinct from the commercial arbitration sphere.