Vis Moot

2022-08-01 07:45:17 𝗧𝗼 𝗘𝗻𝗳𝗼𝗿𝗰𝗲 𝗼𝗿 𝗡𝗼𝘁 𝘁𝗼 𝗘𝗻𝗳𝗼𝗿𝗰𝗲 𝗦𝗲𝘁 𝗔𝘀𝗶𝗱𝗲 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝗹 𝗔𝘄𝗮𝗿𝗱𝘀.

The Paper on "𝗔𝗿𝘁𝗶𝗰𝗹𝗲 𝗩(𝟭)(𝗲) 𝗼𝗳 𝘁𝗵𝗲 𝗡𝗲𝘄 𝗬𝗼𝗿𝗸 𝗖𝗼𝗻𝘃𝗲𝗻𝘁𝗶𝗼𝗻: 𝗧𝗼 𝗘𝗻𝗳𝗼𝗿𝗰𝗲 𝗼𝗿 𝗡𝗼𝘁 𝘁𝗼 𝗘𝗻𝗳𝗼𝗿𝗰𝗲 𝗦𝗲𝘁 𝗔𝘀𝗶𝗱𝗲 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝗹 𝗔𝘄𝗮𝗿𝗱𝘀?" by Dr Crina Baltag, FCIArb was published in the Journal of International Arbitration Special Issue on Empirical Work in Commercial Arbitration, Volume 39, Issue 3 (2022) pp. 397 – 410 - available here

Takeaways from this paper:

• in 10% of offensive enforcement actions, the defendant raised the argument under Article V(1)(e) of the New York Convention that the award was set aside at the seat;

• in only 34% of these cases has the court upheld the defendant’s argument;

• the Netherlands: the set aside exception was raised in approximately 64% of the enforcement cases, and upheld in 35% of the cases;

• the United States: the set aside exception was raised in 50% of the enforcement cases, and upheld in 50% of the cases ;

• England and Wales: the set aside exception was raised in 25% of the enforcement cases, and upheld in 75% of the cases.

• French courts would generally enforce arbitral awards which are set aside, as it has recently done so in 𝘙𝘦𝘱𝘶𝘣𝘭𝘪𝘤 𝘰𝘧 𝘉𝘦𝘯𝘪𝘯 𝘷. 𝘚𝘎𝘚 𝘊𝘰𝘮𝘱𝘢𝘯𝘺 – 𝘎𝘦𝘯𝘦𝘳𝘢𝘭 𝘚𝘶𝘳𝘷𝘦𝘪𝘭𝘭𝘢𝘯𝘤𝘦 𝘚𝘰𝘤𝘪𝘦𝘵𝘺 𝘚𝘈.

The dataset is available to public - here

@vismoot Open / Comment

2022-07-26 10:57:56 ICSID Rules and Regulations.

In case you missed: updated ICSID's 2022 Rules and Regulations came into effect on July 1, 2022. The amended rules were developed over the past five years—and mark the most significant modernization of ICSID’s procedures in the Centre’s history.

• Convention, Regulations and Rules - here;
• Additional Facility Rules and Regulations - here;
• Mediation Rules and Regulations - here;
• Fact-Finding Rules and Regulations - here.

@vismoot Open / Comment

2022-07-22 14:37:12 ​​ Young Energy Disputes Arbitration Center Mentorship Program.

Applications are now open for the first edition of the “Young EDAC Mentorship Program”!

The aim of the Program is to establish a platform where expert lawyers (our mentors) can share their experience with the younger generation of lawyers. The main topics to be discussed during the Program will be international arbitration and energy disputes.

Mentors (alphabetically):
• Fatih Isik,
• Nazli Dereli Oba,
• Andreas Schregenberger,
• Svenja Wachtel, and
• Elina Zlatanska.

The mentees of the Program will have the unique opportunity to make use of the immense experience of mentors and consult the mentors on the critical decisions of their careers.

September-November 2022.

Application requirements:
• Law students or young lawyers (maximum 30 years of age);
• a CV,
• motivation letter indicating their interest and (if applicable) experience in international arbitration (interest/experience in energy arbitration will be a plus),
• a document proving fluency in English (IELTS, TOEFL or other internationally acknowledged tests are admissible),
• a successful applicants will be interviewed.

Application Deadline:
18 August 2022, 23:59 (GMT+3) | 01:59 (GMT+5).

Please submit the required documents via email to c.arihan@arbitrationcenter.org or a.shirinyans@arbitrationcenter.org.

@vismoot Open / Comment

2022-07-20 09:38:49 Internship with UNCITRAL.

A great internship opportunity with UNCITRAL (in their various locations)!

Internships must be for a period between 2 - 6 months and various starting dates are available between 1 October 2022 to 31 March 2023.

Applications must be submitted TODAY - 20 July 2022 through the following link - here.

The internship is UNPAID.

Credits to MAA

@vismoot Open / Comment

2022-07-18 21:39:45 Internships at the London, Washington D.C. and the Hague offices of IBA.

IBA is recruiting for the Legal Internship Programme with the IBA’s Human Rights Institute, Legal Policy & Research Unit and the Executive Director.

Please email your application form, CV, cover letter and writing sample to internprogramme@int-bar.org.

Undergraduate law students, postgraduate law students, and newly qualified lawyers are welcome to apply. However, if you are a current student, please make sure that you are eligible to work full-time during the period mentioned above.

For more information and to download the application form, please visit the website here.

@vismoot Open / Comment

2022-07-16 16:44:53 Is Investor-State Dispute Settlement an Appropriate Forum for the Resolution of Investment Disputes Arising from Armed Conflicts?

The recent armed conflict in Ukraine has everyone thinking about solutions to address the problem.

In two recent posts on Opinio Juris, the fabulously talented duo of Amanda Lee FCIArb and Naimeh Masumy discuss: "Is Investor-State Dispute Settlement an Appropriate Forum for the Resolution of Investment Disputes Arising from Armed Conflicts?"

Check out these insightful posts:
• Part I here
• Part II here

Credits to Kabir Duggal, Ph.D

@vismoot Open / Comment

2022-07-14 22:40:29 The right to be heard in public courts was considered to be constitutional right of an applicant despite the existing arbitration clause in the contract.

In the initial proceedings before the German civil courts, the complainant, a professional athlete, asserted inter alia claims for damages and compensation for pain and suffering against two sports associations that had imposed and implemented a doping ban on the complainant. The Federal Court of Justice found the complaint inadmissible because the complainant had agreed to an arbitration clause mandating dispute resolution before the Court of Arbitration for Sport (CAS) located in Lausanne, Switzerland. The complainant challenged this decision in her constitutional complaint.

The German Constitutional Court found that the weighing of the right of access to justice, on the one hand, and the freedom of contract and the autonomy of association, on the other hand, did not conform with constitutional requirements.

More details about the decision are available here.

@vismoot Open / Comment

2022-07-12 11:21:07 Tech arbitration trends.

Join the Silicon Valley Arbitration & Mediation Center (SVAMC) for a discussion about hot topics relating to the management of risks in technology outsourcing and joint ventures, and how to navigate the resolution of such disputes through the arbitration process.

12 July 2022
05:30pm (BST) | 09:30pm (GMT+5)

The event is being hosted by Hogan Lovells at its UK office.

To register, click the link here

@vismoot Open / Comment

2022-07-11 10:42:36 Metaverse and Arbitration from Digital Coffee Break.

If you are new to the metaverse, this interview is the right starting point to get accustomed to it. If you already own your metaverse goggles, you will dive deeper in the legal part of the metaverse when enjoying this interview.

The topic covered in the interview:

• What is the metaverse and metaverse legal?

• What are the potential disputes that may arise when transferring your business to the metaverse and why could arbitration be a good choice to solve the disputes?

• Should moot courts competitions be moved (even partially) to the metaverse and how can law schools prepare the next generation for this new kind of disputes?

It seems clear that the metaverse is growing and with it, new disputes will arise, new legal questions will be asked.

- friendly version is available here. PDF-version is here.

@vismoot Open / Comment

2022-07-08 09:57:40 Two major recent judgments on arbitration matters were issued by the UK Privy Council and the US Supreme Court. The UK Privy Council determined that a foreign court judgment may create an issue estoppel at the stage of enforcement in another country… Open / Comment