22 December 2022 • 3 minute read
Arbitration Team Coffee Break - December 2022
Events
On 25 January 2023, the Racial Equality for Arbitration Lawyers (REAL) annual conference will take place. More to come on this! Meanwhile: Save the date!
News
New Supplemental Swiss Rules for Corporate Law Disputes by the Swiss Arbitration Centre
The Swiss Arbitration Centre recently published its new Supplemental Swiss Rules for Corporate Law Disputes, which will come into effect on 1 January 2023. Check out the text of the new rules and their explanatory note here.
Turkmenistan and Suriname accede to the New York Convention
Turkmenistan and Suriname recently acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention).
As for Turkmenistan, the Convention entered into force on 2 August 2022. The application to the Convention was made only with reference to recognition and enforcement of awards made in the territory of another contracting state. Turkmenistan also expressed reservation regarding retroactive application of the Convention, that is that the Convention only applies to awards that are issued after its entry into force.
In Suriname, the Convention will enter into force on 8 February 2023. Check out more here.
Rockhopper award – ICSID committee to hear Italy’s bid to annul award
As you may recall from our newsletter of 25 November 2022, the Italian Republic filed an application to the ICSID tribunal for the annulment of the Rockhopper award, issued on 23 August 2022.
On 7 December 2022, the ICSID ad hoc committee was constituted to hear the respondent’s application for annulment of the award.
The committee includes Michael Nolan (chair), Eva Kalnina, and Carita Wallgren-Lindholm.
Book review
Arbitrato, contratti e diritto del commercio internazionale – Studi in onore di Giorgio Bernini (Arbitration, contracts and international trade law. Essays in Honor of Giorgio Bernini)
On 17 November 2022, Associazione Italiana per l’Arbitrato and the Milan Chamber of Arbitration organized a roundtable on the book “Arbitration, contracts and international trade law. Essays in Honour of Giorgio Bernini,” edited by Fabrizio Marrella and Nicola Soldati, published by Giuffré in 2021.
The book, as its title suggests, has been edited in honor of the esteemed Italian professor and lawyer, Giorgio Bernini. Bernini has been a pioneer of Antitrust Law in Italy and a world-renowned expert in private international law, international trade law and transnational commercial law. He also served as the Italian Minister of foreign commerce.
The essays included in the book – written in English, Italian, French and Spanish by the many national and international contributing professors – are a testament of the international approach of Bernini’s studies, concerning international commercial law and arbitration.
The volume is divided into three parts: an introductory section and two chapters.
The introductory section contains letters from intellectuals who met Professor Bernini. They describe his personality and attitude, both in private and public life.
The first section contains essays on contracts and international trade law, exploring topics such as party autonomy, law applicable to contracts containing international features, force majeure in international trade law and arbitration, Incoterms 2020.
The second section concerns arbitration and deals with various topics such as the drafting of awards in Investor-State arbitration, impartiality in international arbitration and the application of UNIDROIT principles in the context of international investment arbitration.
Click here for more information on the volume!
Good to know
Check out the article by Dario about the impact of international financial sanctions on the administration of international arbitration proceedings as a result of the EU’s 4th Sanctions Package (EU Council Regulation 2022/428).