21 July 2023 • 10 minute read
Arbitration Team Coffee Break
July 2023News
European Commission issues a proposal to withdraw from the Energy Charter Treaty
On 7 July 2023, the European Commission issued a proposal for a coordinated EU withdrawal from the Energy Charter Treaty (ECT). In the past year already Spain, Germany, France, and the Netherlands and most recently Slovenia, Poland, and Luxembourg announced their intention to unilaterally exit the ECT. Following this, the European Commission formally proposed to the European Union and all its member states to withdraw in a “coordinated and orderly manner” from the ECT, considered “outdated and unfit for the Union’s ambitions and visions relating to the European Green Deal”. It is however to be noted that the ECT contains a sunset clause, which continues to protect investments in place at the time of withdrawal.
2022 annual reports by DIAC, LCIA and CAM
The annual reports of the Dubai International Arbitration Centre (DIAC), London Court of International Arbitration (LCIA) and Milan Chamber of Commerce (CAM) have been released. Check the statistics of the arbitral proceedings administered by said arbitral institutions in 2022 at the relevant links.
SCC Practice Note: Prima Facie Jurisdiction Between 2013-2023
On 3 April 2023 the Arbitration Institute of the Stockholm Chamber of Commerce published a new practice note on its decisions on prima facie jurisdiction issued between 2013 and 2023. The practice note provides important insights on the SCC’ stance in relation to its prima facie jurisdiction, and presents concrete cases and decisions issued in the last decade. Between 2013 and 2023, the SCC determined its prima facie jurisdiction in a total of 269 cases, while only 11 cases were dismissed for manifest lack of jurisdiction. The document is available here.
Equal representation for expert witnesses (ERE) 2023 survey report
On 20 June 2023, the Equal Representation for Expert Witnesses Initiative (ERE) released a report outlining the results of their recent survey on equal representation for expert witnesses, which involved 620 male and female lawyers and experts from 32 different countries.
Visit the following link to view the results and to read the full report.
“Procedural Innovations in Arbitration: Techniques, Use and Trends”
On 3 July 2023, we attended the event “Procedural Innovations in Arbitration: Techniques, Use and Trends” organized by AIA-Arbit-40 and YAAF in the context of the Italian Arbitration Day. After welcoming remarks, the keynote speech by Gaëlle Filhol focused on the role of innovation in international arbitration. Arbitration depends to a large extent on the will of the parties, and also on the tools they adopt to speed up proceedings and to make them more suitable to their needs. However, Gaëlle Filhol warned that these tools can also have negative effects (for example, huge production of documents may be used as a tool only to delay proceedings and to aggravate the position of the other parties).
The keynote speech was followed by a discussion between Manuel Casas and Sara Cremascoli moderated by Riccardo Loschi on the innovations introduced by the recent Italian arbitration reform.
Events
Young International Arbitration Group (“YIAG”) symposium at Tylney Hall, Rotherwick, on 8 September 2023
On 8 September 2023 YIAG will organise a half-day symposium focusing on the cutting-edge advancements in international commercial arbitration and ADR. The symposium will provide a platform for young practitioners to discuss the latest issues in the field, all under the guidance of four expert co-chairs.
ICC FIDIC Conference on International Construction Contracts and Dispute Resolution, Paris, 12-13 October 2023
The ICC and FIDIC will jointly organise the Conference on International Construction Contracts and Dispute Resolution in Paris. The conference is aimed at gathering construction practitioners from across the world to encourage discussion and collaboration.
ICC International Arbitration: The roots of the future, Rome, 19 October 2023
The ICC will celebrate the centenary of the ICC International Court of Arbitration by organizing the first edition of the ICC Italia Arbitration Forum in Rome. The event will delve into the evolution of ICC Arbitration and ADR focusing on the nergy, construction, and investments sector.
ASA Arbitration Practice Seminar, Eisenstadt, Austria, 20 – 22 October 2023
The Swiss Arbitration Association in collaboration with the Vienna International Arbitral Centre (VIAC) will organise this two-day event. The seminar will be managed by practitioners keen both on civil and common law in order to generate a “lively debate among all participants to highlight the diversity of experiences and approaches in international arbitration”.
Club Español del Arbitraje (CEA) – Capítulo italiano: celebrating 10 year anniversary
Save the date for the annual conference organized by CEA – Capítulo italiano on 27 October 2023, celebrating the 10th anniversary! Do not miss the opportunity to take part in the celebration and stay tuned for updates on the event.
Book review
With the summer holidays approaching, we recommend the following brief, but yet interesting summer reading instead of our usual book review!
Klaus Peter BERGER - Contractual Arbitration Clauses and Non-Contractual Claims
In a recent article published in the Journal of International Arbitration, Klaus Peter Berger analyses the relationship between contractual arbitration clauses and non-contractual claims. The main objective of the article is to answer the question whether non-contractual claims are covered by standard arbitration clauses. The question arises because in almost all jurisdictions there are no provisions governing this issue, expect for one: Italy. However, Berger highlights a contradiction in the Italian legal system. Despite the innovative provisions in this sense (808 bis and 808 quarter Code of Civil Procedure), which codify the principle of wide interpretation of arbitration agreement, Italian Corte di Cassazione opts for a more restrictive interpretation. Berger then analyses the issue from the perspective of other jurisdictions, which do not provide for the same innovative legislation in this sense, leaving a gap for interpretation.