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18 January 20237 minute read

Arbitration Team Coffee Break

January 2023
Events

11th ITA-IEL-ICC Joint Conference on International Energy Arbitration, 19-20 January 2023

The Institute for Transnational Arbitration, jointly with the Institute for Energy Law of The Center for American and International Law and the ICC, organized the 11th ITA-IEL-ICC Joint Conference on International Energy Arbitration. The event, which will take place in Houston on 19-20 January 2023, will address the most recent developments of international energy arbitration in 2022.

Arbitrating construction disputes – 20 January 2023

On 20 January 2023 the event “Arbitrating construction disputes,” organized by the CIArb Italian Chapter, will take place. Check out the program and the speakers here.

DLA Piper Milan Investment Arbitration Pre-Moot, 26-27 May 2023

DLA Piper’s Milan office will organize and host the pre-moot of the Frankfurt Investment Arbitration Moot (FIAM) on 26-27 May 2023. The event, which is now in its fourth edition, will take place at the firm’s office and will help teams from all over the world to improve their advocacy skills in view of the final rounds of the FIAM, which will be hosted by the Goethe University of Frankfurt in June. Save the date!

 

News

2022: The Year in Review

On 7 January 2023, the International Arbitration Reporter published its 2022: The Year in Review report, with a detailed analysis of the news and developments published in 2022. The report highlights the main trends and developments that have emerged in International Arbitration in 2022.

In particular, the International Arbitration Reporter looks back at Russia’s invasion of Ukraine and its effect on investor-state arbitration disputes, the new developments in the standoff between the EU and investor-state tribunals on intra-EU disputes and the significant developments regarding both the NAFTA and the ECT.

New rules for the SCC Arbitration Institute

On 1 January 2023, a revised version of the SCC Arbitration Rules, Rules for Expedited Arbitrations, Mediation Rules, SC Rules for Express Dispute Assessment and the SCC Arbitration Institute Procedures for UNCITRAL entered into force.

Amongst the various changes to accommodate the institution’s change of name and general rebranding, the most relevant modifications include a new provision in Article 32. The provision clarifies that the Arbitral Tribunal may decide on whether hearings will be conducted in person or remotely; and the modification of Article 29, aimed at clarifying which information has to be included in the Statement of Claim and Statement of Defence.

France withdraws from the Energy Charter Treaty (ECT)

As reported in a previous edition of our Arbitration Team Coffee Break, in October 2022 France announced its withdrawal from the ECT. Following its declaration, France has now taken a further step, having sent an official notification of withdrawal to the ECT’s depositary in December 2022.

ICSID 2022 annual report

On 10 December 2022 ICSID published its Annual Report for 2022. The arbitral institution administered 364 cases (50 of which started in 2022 fiscal year). As the report highlights, the majority of arbitration proceedings were instituted under the ICSID Convention (48 cases), followed by arbitrations invoking the Additional Facility Rules (two cases). Find out more here.

 

Book review

The UNCITRAL Model Law on International Commercial Arbitration
A Commentary

Gilles Cuniberti

Gilles Cuniberti, Professor of Comparative and Private international Law at the University of Luxemburg, recently published The UNCITRAL Model Law on International Commercial Arbitration.

The book provides a detailed overview of the provisions of the UNCITRAL Model Law on International Commercial Arbitration, and a deep and comparative analysis of its implementation in the jurisdictions which have adopted the Model Law.

The book features:

  • comparative study of the provisions of the Model Law;
  • an analysis on the interpretations of the Model Law given by courts focusing on proceedings from both common and civil law jurisdictions (such as Singapore, Hong Kong, India, Australia, Canada, Germany, Austria and Spain).
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