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3 February 20239 minute read

Arbitration Team Coffee Break

February 2023

Joint Conference on the Impact and Future of Technology in International arbitration

On 10 February 2023, the CIArb Joint Conference on the Impact and Future of Technology in International Arbitration will be held in Paris and online.

The conference is jointly organized by the CIArb European Branch (France Chapter) and the CIArb London Branch. It will explore the impact technology is having on arbitration.

After Jonathan Wood’s keynote speech on the need for international arbitration to encourage investment in technology, the event will be structured in two panels, with a Q&A session at the end.

The first panel will focus on how can technology help a party win its case, and the second will deal with document management and production in light of GDPR and of cybersecurity threats.

The complete programme and the speakers participating in the discussion can be found here.

Save the date! “IAD Arbitration Days,” - 4 July 2023

On 4 July 2023, the second edition of the Italian Arbitration Day, “Fairness and international arbitration: Who, how and when,” organized by the Milan Chamber of Arbitration (CAM) and the Italian Association for Arbitration (AIA), will take place.

The conference programme has not yet been published.

Subscribe to the Milan Chamber of Arbitration’s newsletter for the latest news or check the official website for updates on the conference programme and on the opening of registrations!

L’arbitrato nella riforma Cartabia” – Venice, 3 February 2023

On 3 February 2023, “L’arbitrato nella riforma Cartabia,” organized by the Venice Chamber of Arbitration and the Venice Bar Association will take place in Venice. Academics and practitioners will discuss the 2022 Italian Code of Civil Procedure Reform and its impact on arbitration.

The panel and the complete event programme, along with more practical information, can be found here.

AIA-CAM Willem C. Vis Pre-Moot – Rome, 23/24 February 2023

The VIII edition of the Italian Association for Arbitration (AIA)-CAM Pre-Moot will take place in Rome on 23 and 24 February 2023 for teams participating in the XXX edition of the Willem C. Vis International Commercial Arbitration Moot. The Call for Arbitrators is still open! You’ll find more details and information here.



Investor seeks anti-anti suit injunction to enforce ECT arbitration award against the Kingdom of Spain

In November 2022, an ICSID ad hoc committee declined the Kingdom of Spain’s application to annul the award issued under the Energy Charter Treaty (ECT) in 2019, at the end of the investment arbitration proceedings between the Kingdom of Spain and the investor 9Ren Holding (9Ren).

The Kingdom of Spain then applied to the Luxembourg courts seeking an anti-suit injunction against 9Ren, to prevent it from enforcing the award. The Kingdom of Spain argued that the enforcement of the award would amount to a breach of public policy since, in light of the famous Court of Justice of the European Union’s judgments in Achmea and Komstroy, the ECT’s arbitration clause was invalid, and thus the arbitral tribunal lacked jurisdiction to decide on the case.

On 17 January 2023, 9Ren resorted to the US District Court for the District of Columbia seeking an anti-anti suit injunction against the Kingdom of Spain, arguing that it would be necessary to “prevent grave and irreparable harm to 9REN’s ability to enforce the Award and to protect this Court’s jurisdiction and duty to apply United States law implementing the ICSID Convention.”

Read more here.

Court of Arbitration for Sport (CAS) confirms the suspension of contract between football players and football coaches with clubs affiliated to the Ukrainian Association for Football (UAF) and the Football Union of Russia (FUR)

On 13 January 2023 CAS issued a press release concerning arbitration awards rendered in the arbitration proceedings between the Ukrainian club FC Shakhtar Donetsk and the Fédération International de Football Association (FIFA), and the Russian clubs FC Zenit JSC, FC Dynamo Moscow, FC Sochi, PFC CSKA Moscow, FC Krasnodar, FC Lokomotiv, FC Rostov, FC Rubin and FIFA.

CAS confirmed that, under Annex 7 (“Temporary rules addressing the exceptional situation deriving from the war in Ukraine”) to the Regulations on the Status and Transfer of Players – as amended by the Bureau of the FIFA Council’s decision dated 20 June 2022 – UAF’s and FUR’s players or coaches had the option to unilaterally suspend their contracts until 30 June 2023, as long as it was not possible to reach an agreement with the club before 30 June 2022.


Book review

Ferrari, Recognition and Enforcement of Foreign Arbitral Awards – A Concise Guide to the New York Convention's Uniform Regime, Elgar, 2023

We were intrigued by the publication of this book, and we added it to the list of books to be purchased. Stay tuned for the book review in a following edition of our A-Team Coffee Break!


Good to know

Check out the article by Dario on the compatibility between preventive evidentiary assessment instruments and arbitration under Italian law.