Baker McKenzie has launched the Arbitration Bill Progress Tracker, hosted on Global Arbitration News. The Tracker provides an overview of the Arbitration Bill, a guide to the key proposed changes and implications if the Bill is passed, and maps out the Bill’s progress, which will be updated regularly. The UK government asked the Law Commission to review the Arbitration Act 1996 to determine whether any amendments are required in order to ensure that the Act remains fit for purpose and continues to promote the UK as a leading destination for commercial arbitration. The Arbitration Bill was int ..read more

Conti 11. Container Schiffarts-GMBH & Co. KG M.S. v. MSC Mediterranean Shipping Co. S.A., 91 F.4th 789 (5th Cir. 2024)[1] Factual Background In November 2000, Mediterranean Shipping Company (“MSC”), a Swiss corporation based in Geneva, chartered M/V FLAMINIA, a cargo vessel, from Conti, a German corporation. The charter agreement required all disputes arising thereunder to be arbitrated in London. From 2000 to 2012, MSC operated the FLAMINIA without issue.   In June 2012, a Houston-based employee of MSC (USA), a wholly-owned New York subsidiary of MSC, received a request from a chemic ..read more

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Recently in CNG v G and Another [2024] HKCFI 575,[1] The Honourable Madam Justice Mimmie Chan of the Court of First Instance dismissed an application to set aside an award. At the outset, Chan J has made yet another effort to summarise the important principles set out in many of the Courts’ decisions on challenges to awards or their enforcement: Arbitration is a consensual process of final dispute resolution to which parties voluntarily agree, with whatever inherent defects and risks there may be, and there are only limited avenues of challenge to the award. The limited recourse parties have ..read more

Welcome to the 17th edition of the Baker McKenzie International Arbitration Yearbook. We are pleased to bring you our analysis of notable developments in international arbitration over the past year from over 40 jurisdictions worldwide. As with the editions before it, the 2023-2024 Yearbook covers important legislative and case law updates from each jurisdiction. This includes: New arbitral rules from many institutions including the SCC (Stockholm), CAM (Milan), CIAM (Madrid), SCCA (Saudi Arabia), CIETAC (China), SHIAC (Shanghai), TAI (Thailand) and AIAC (Malaysia) The ongoing reform of arbit ..read more

In a recent decision published on 11 January 2023, the Swiss Federal Supreme Court (“SFSC”) confirmed the International Centre for Settlement of Investment Disputes’ (“ICSID”) decision upholding China’s objection regarding the arbitral tribunals’ jurisdiction (case no. 4A_172/2023 [in German], intended for official publication). Factual background The dispute at stake originated from ICSID arbitration proceedings seated in Geneva, Switzerland (case no. ADM/21/1), and was based on the Bilateral Investment Treaty between China and Singapore (“China-Singapore BIT“). The claimants’ (and ..read more

The Cairo Regional Centre for International Commercial Arbitration (CRCICA) recently published its new CRCICA Arbitration Rules, which have entered into force with effect from 15 January 2024 (the “2024 CRCICA Rules“). The CRCICA Arbitration Rules were last updated in 2011 and have now been revised to meet the needs of the evolving arbitration landscape in the MENA region, as well as internationally. The 2024 CRCICA Rules, which remain based on the UNCITRAL Arbitration Rules with modifications, have introduced provisions on consolidation of arbitrations, early dismissal of claims, Emergency A ..read more

On January 1, 2024, China International Economic and Trade Arbitration Commission’s (CIETAC) newly amended arbitration rules (the 2024 Rules) have taken effect. As compared with the previous version which had been implemented for more than 8 years (the 2015 Rules), the 2024 Rules have introduced a significant number of new rules. These revisions reflect the development of China’s arbitration practice in the past years, and feature CIEAC’s efforts in aligning with the international standards. 1. Party Orientated Rule Improvements Preservation application to the non-PRC court In the past, CIETAC ..read more

In a recent General Assembly of the Dubai Court of Cassation (“Cassation Court”) case,[1] the Cassation Court has expressly reversed its previous position regarding the effects of a party’s failure to pay arbitration costs on the validity of the arbitration agreement. In accordance with Article 20 of Dubai Law No. 13 of 2016 on the Judicial Authority in the Emirate of Dubai, the General Assembly (which comprises the Head of the Cassation Court and at least eight judges appointed pursuant to a resolution of the Chairman) has the power to consider and determine, inter alia, the issues concerning ..read more

In Therium Litigation Funding A IC v Bugsby Property LLC[1] the English Commercial Court had its first opportunity to consider the enforceability of Litigation Funding Agreements (“LFAs“) following the decision of the Supreme Court in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others[2] (“PACCAR “). In PACCAR, the Supreme Court held that where litigation funders are to be remunerated by reference to a share of damages obtained by a funded party, those funders are providers of ‘claims management services’ as defined in section 58AA of the Courts and Legal ..read more