Meet the ICCA Authors

ICCA’s publications are compiled with the assistance of dispute resolution specialists from around the world. The ICCA Yearbook provides an annual update on key developments in the field, which includes commentary on the court decisions on the New York Convention 1958 provided by contributors from jurisdictions across the globe. The ICCA Handbook covers arbitral law practice in over 80 countries. The Handbook contains authoritative country reports prepared by leading arbitrators, academics and practitioners on national arbitral practice.


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ICCA HANDBOOK COUNTRY REPORT FOR ENGLAND AND WALES

"England and Wales have enjoyed a long and distinguished arbitral tradition. Some twenty years after the arbitration framework was restated in the Arbitration Act 1996, arbitration continues to flourish. Supported by a robust, swift, effective and pro-arbitration judiciary with specialist arbitration experience, London attracts practitioners, parties and arbitrators from all over the world."

- Karyl Nairn QC, Partner, and Maximilian Szymanski, Associate, Skadden, Arps, Slate, Meagher & Flom (October 2019)


ICCA HANDBOOK COUNTRY REPORT FOR ECUADOR

"Ecuador has had an arbitration law in place for more than 20 years now. Although Ecuador’s experience with arbitration has not always been smooth, the current government is focused on boosting arbitration to promote foreign investment to improve the country’s economy. For instance, the Organic Code for Production, Commerce and Investment now provides that the Ecuadorian State should agree on arbitration to resolve any dispute regarding investment contracts that exceed ten million dollars. Additionally, Ecuador has amended the General Organic Code of Procedures, and currently international awards are not required to be homologated prior to enforcement."

Javier Robalino Orellana, Managing Partner, Ferrere Abogados, María Teresa Borja, Senior Associate, Ferrere Abogados, Esteban Baquero, Senior Associate, Ferrere Abogados, Paula Alomía BarberánParalegal, Ferrere Abogados (July 2019)


ICCA HANDBOOK COUNTRY REPORT FOR TURKEY

"Turkey has been on an upward trajectory for international commercial arbitration for several decades. It now has a modernised legislative framework, revised judicial hierarchical structure to provide for finality of awards and an internationally focused arbitration centre, the Istanbul Arbitration Center (ISTAC). The changes are all geared towards making Turkey a centre of attraction for arbitration, particularly in respect of disputes emanating from the Middle East and Asia. With its strategic location and updated legal system, Turkey looks likely to challenge some of the more established arbitration centres."

- Ali Yeşilırmak Professor, Ibn Haldun University School of Law, Utku Cosar Partner, Coşar Avukatlık Bürosu and Dogan Gultutan International Arbitration Associate, Baker McKenzie London (July 2019)


ICCA HANDBOOK COUNTRY REPORT FOR Japan

"The Cabinet of Japan has recently approved the basic policy aiming to develop a foundation to activate international arbitration in Japan as one of the important policies of the Japanese Government. In response, the Japan International Dispute Resolution Center was established in 2018 and the other necessary measures will be implemented accordingly."

- Tatsuya Nakamura, Professor of Law, Kokushikan University, Tokyo and Yasuhei Taniguchi, Professor Emeritus of Kyoto University, Of Counsel at Matsuo & Kosugi & Judge of Singapore International Commercial Court (April 2019)


ICCA HANDBOOK COUNTRY REPORT FOR RUSSIA

"In 2016 Russia undertook an arbitration reform which in fact resulted in serious deviations of Russian legislation from the UNCITRAL Model Law on international commercial arbitration. Most recent practice of Russian State courts with regard to arbitration was discussed in a new version of the National Report published in 2019."

- Dr Boris Karabelnikov, Independent Arbitration Expert, formerly Professor of the Moscow School of Social and Economic Sciences (February 2019)


ICCA Handbook Country Report for Belgium

"The Belgian Arbitration Law adopted in 2013 and updated in 2016, is based on the UNCITRAL Model Law. It complies with the most modern standards of international commercial arbitration. When the Law derives from the UNCITRAL Model Law, it is because it grants more power to the arbitrators and more freedom to the parties. The Law offers limited grounds for setting-aside proceedings and has been designed for limited court interference."

- Marc Dal, Partner, DALDEWOLF (February 2019)


ICCA Handbook Country Report for Venezuela

“Notwithstanding Venezuela’s ongoing political and economic crisis, the practice of arbitration has continued to grow as a viable dispute resolution mechanism. The Venezuelan Supreme Court has generally supported this development with timely pro-arbitration jurisprudence, although there are still some important challenges.”

- Manuel A. GómezProfessor of Law and Associate Dean of International & Graduate Studies, Florida International University College of Law, Gilberto Guerrero Rocca,Professor of Law, Universidad Católica Andrés Bello, International Programs Manager, Florida International University College of Law and Daniel E. Vielleville, Partner at Assouline & Berlowe, P.A. (December 2018)


ICCA Handbook Country Report for the United States

“The United States remains a friendly jurisdiction broadly supportive of international arbitration, including the enforcement of arbitral awards.  Recent years have seen a trend towards U.S. courts either holding that “manifest disregard” is not a viable ground for vacating an award or if it is available, must be narrowly construed.  In addition, where an award has been set aside at the arbitral situs, most US courts have refused enforcement, although there has been a recent high-profile example of an appellate court upholding enforcement on public policy grounds, despite annulment at the place of arbitration.”

- Catherine Amirfar, Partner and Co-Chair, Public International Law Group, Debevoise & Plimpton LLP, Ina C. Popova, Partner, Debevoise & Plimpton LLP and Natalie L. Reid, Partner, Debevoise & Plimpton LLP (December 2018)


ICCA Handbook Country Report for South Africa

“The introduction of the International Arbitration Act heralds a new dawn for international arbitrations in Southern Africa.”

- Patrick MM Lane SC, member of the Maisels Group in South Africa and 39 Essex Street Chambers, London and Lee Harding, Advocate of the High Court of South Africa and a door member of the Maisels Group, Sandton (December 2018)


ICCA Hanbook Country Report for Mauritius

“This first ICCA report on the Mauritian jurisdiction addresses in detail the salient features of the Mauritius International Arbitration Act 2008 (“the Act”), and of the legal framework which the Mauritian government and judiciary have created over the past ten years to turn Mauritius into a state-of-the-art jurisdiction and a safe seat for international arbitration in Africa and beyond. The Act, which is based on the Model Law, includes innovative features designed in particular to minimise points of contact between the arbitral process and the Mauritian supervisory courts, with all appointing and challenge functions devolved to the Secretary-General of the Permanent Court of Arbitration at The Hague (“the PCA”), rather than the courts. It is complemented by a custom-made judicial framework with dedicated international arbitration judges of the Supreme Court and a direct right of appeal to the Privy Council, and a state-of-the-art international arbitration institution, the Mauritius International Arbitration Centre (“MIAC”), supported by the PCA.”

Salim Moollan QC, Barrister, Essex Court Chambers, London and Anne-Sophie Jullienne, English and Mauritius Practicing Barrister (November 2018)


ICCA Handbook Country Report for Ghana

“There is great potential for growth in arbitration practice in Ghana. More and more, arbitration is seen as an alternative to court litigation which is often perceived as slow and less suited to settlement of commercial disputes.”

- Doe Tsikata, Partner, Reindorf Chambers and Matilda Idun-Donkor, Senior Associate, Reindorf Chambers (November 2018)


ICCA Handbook Country Report for Bermuda

“Bermuda is at the cross-roads of continental US and Canada, Central and South America and the UK (and Europe) – a Model law jurisdiction since 1993, it is an ideal venue for international commercial arbitration with effective airlinks and telecommunication facilities. The Bermuda Government has announced that they are creating an arbitration center in a prime central city location, a boost to local and international practitioners who for a long time have seen Bermuda as an ideal location but have demanded a dedicated facility. Bermuda law on arbitration still operates on two levels, the older 1986 Act based on the pre-1993 and the 1996 Act which enacted Model Law. Case law in Bermuda can be helpful in other jurisdictions and recent cases are set out in the latest update to the Handbook.”

- Narinder Hargun, Chief Justice of Bermuda and Jeffrey Elkinson, Director, Conyers, Dill & Pearman Limited, Barristers & Attorneys of Hamilton, Bermuda (October 2018)


ICCA HANDBOOK COUNTRY REPORT FOR Czech Republic

“The Czech Republic is no stranger to alternative dispute resolution. Its Arbitration Act dates back to 1994 and the country signed its first bilateral investment treaty in the late eighties. Contrary to this, the regulation on mediation is rather new and was codified as late as 2012. In 2016 Czech arbitration underwent a significant change when disputes involving consumers were made non-arbitrable. However, this chapter in the development of Czech arbitration is not yet closed, as the amendment is not retroactive. For this reason Report 2018 reflects the amendment but at the same time points to the previous regulation of arbitration disputes involving consumers. While the Czech Republic is a civil law system, the case-law of the civil courts on arbitration procedures, emanating from the limited review of arbitral awards, provides an important source of interpretation of the Arbitration Act. Thus, along with a review of legislation, Report 2018 also provides highlights of the most noteworthy recent decisions of the civil courts concerning arbitration. Report 2018 also includes a review of the most significant disputes which have arisen out of bilateral investment treaties with the Czech Republic.”

- Miloš Olík, FCIArb, Partner, ROWAN LEGAL, Arbitrator and Mediator (October 2018)


ICCA Handbook Country Report for Costa Rica

"Costa Rica meets high standards to become an important seat for International Arbitration in the Central American Region."

- Marcela Filloy Zerr, Head of the Arbitration, International Negotiations and Foreign Trade Department (October 2018)


ICCA Handbook Country Report for Bulgaria

"I would draw the attention of arbitration practitioners to the recent practice of the Bulgarian Supreme Court of Cassation on annulment of domestic arbitral awards, where the Court has developed the view that the arbitration clause should be regarded as a completely separate agreement from the underlying contract, and on this basis has decided that when a contract is signed by a proxy, its power of attorney should explicitly include the power to enter into an arbitration agreement; that the tacit acceptance by conduct of a contract, entered into by a proxy without authorization does not encompass the arbitration clause in the contract; and that the assignee of contractual receivables does not become a party to the arbitration agreement in the underlying contract."

- Assen Alexiev, Partner at Sabev and Partners law firm (August 2018)

The Country Report for Bulgaria was updated in the 100th supplement of the ICCA Handbook. Read more about this milestone here. 


ICCA handbook country report for Korea

"This edition features the recently amended Korean Arbitration Act. The revised Korean Arbitration Act, which became effective on 30 November 2016, adopts the amendments to the UNCITRAL Model Law in 2006, and incorporates expanded definition of “arbitration” and relaxed formal requirement for a valid arbitration agreement. In addition, the revised Korean Arbitration Act adopts a streamlined process of recognition and enforcement of arbitral awards for efficiency."  

Kevin Kim, Partner and founder of the International Arbitration Practice Group of Bae, Kim & Lee LLC, and Vice President of the ICC Court and Kyongwha Chung, Senior Associate of the International Arbitration Practice Group of Bae, Kim & Lee LLC and Regional Coordination Committees Member (North Asia) of the ICC YAF (August 2018)

The Country Report for Korea was updated in the 100th supplement of the ICCA Handbook. Read more about this milestone here. 


ICCA handbook country report for Malaysia

"The Arbitration Act 2005 (as amended in 2018) now accurately reflects Malaysia’s intention to both fully adopt the UNCITRAL Model Law and arbitration legislation in leading arbitral seats in Asia and beyond. The judicial approach to this renewed Arbitration Act 2005 will be a space to watch.”

“With a slew of legislative and institutional reforms to arbitration in 2017 and 2018, led by innovative initiatives by the Asian International Arbitration Centre (formerly the Kuala Lumpur Regional Centre for Arbitration), Malaysia has re-affirmed its ambitions to emerge as a global player in international arbitration."

- Tan Sri Cecil Abraham, Senior Partner and Daniel Chua, Associate, Cecil Abraham & Partners (August 2018)

The Country Report for Malaysia was updated in the 100th supplement of the ICCA Handbook. Read more about this milestone here. 


ICCA Handbook country report for Spain

"Spain has enjoyed modern arbitral legislation for over a decade now, which since 2012 has been complemented by new legislation in related spheres such as mediation, international legal co-operation and sovereign immunity. There has also been considerable arbitration-related case law in recent years, most importantly and sometimes controversially in relation to the grounds for the annulment of arbitral awards and the content of public policy."

- David J.A. Cairns, Partner and Bernardo Cremades, Senior Partner, B. Cremades y Asociados Madrid (June 2018)


ICCA Handbook country report for Vietnam

"As a fast growing economy in the Asia Pacific region, with a number of recent legislative changes, Vietnamese arbitration has largely caught up the deficit and it now has much in common with the more familiar arbitration jurisdictions around the world.  Foreign and domestic parties can certainly now give serious consideration to incorporating Vietnamese arbitration clauses in their contracts."

- Hew R Dundas, Chartered Arbitrator, DipICArb CEDR-Accredited Mediator, International Arbitrator, Mediator & Expert Determiner and Dzung Manh Nguyen, MCIAr, Independent Arbitrator and Mediator (June 2018)


ICCA Handbook country report for Australia

“International arbitration in Australia is governed by the International Arbitration Act 1974 (as amended), which gives the UNCITRAL Model Law the force of law in Australia. As Australia is a common law jurisdiction, case law is essential to understanding the arbitration landscape and all the key cases are discussed in this 2018 version of the Report.”

- Michael Pryles, Founder President Singapore, International Arbitration Centre, Australia (June 2018)


ICCA Handbook country report for Luxembourg

"As a major European centre for legal services, host to the ECJ, Luxembourg has a pragmatic and open approach to arbitration, bringing together experts from different legal and cultural backgrounds."

- Guy Harles, Founding Partner, Arendt & Medernach (March 2018)


ICCA HANDBOOK COUNTRY REPORT FOR AUSTRIA

"Austria, particularly Vienna, is since the cold war period a popular place for Central European international commercial arbitrations. The Austrian arbitration law complies fully with international standards, as set by UNCITRAL, and the decisions of the Austrian Supreme Court concerning arbitral matters are in line with this."

- Werner Melis, International Arbitrator, Honorary President of the Vienna International Arbitral Centre (VIAC), Of Counsel Baier Attorneys at Law, Vienna (March 2018)


ICCA Handbook country report for Lithuania

"Since joining the EU in 2004, Lithuania has made enormous progress in many areas, with its efforts toward gaining energy independence being perhaps the most apparent evidence. These developments, combined with earlier privatization procedures and an increasing number of investments and international commercial transactions with both Eastern and Western parties, have resulted in an increase in investment and complex international arbitration disputes, especially in the field of energy. Lithuania is striving to boost its economy further and is listed by the World Bank as No 16 out of 190 countries in the world for ease of doing business. Thus, taking into account investors’ intentions to resolve their disputes in a neutral forum, the trend is expected to continue."

- Vilija Vaitkute Pavan, Partner and Giedre Aukstuoliene, Associate Partner, Ellex Valiunas (March 2018)


ICCA Handbook country report for Peru

"In 1996, Peru approved its first modern Arbitration Law, which was replaced by an UNCITRAL Model Law-based regime in September 2008. In the two decades since, the practice of arbitration has been consolidated in Peru. Today, most contracts between private parties and all contracts that the Peruvian State enters into with private parties are submitted to arbitration. It is thus not surprising that the Arbitration Center of the Lima Chamber of Commerce, Peru’s main arbitral institution, has reported handling 4,000 cases from 1996 to 2017, in a value exceeding 4,600 million dollars."

- Fernando Cantuarias Salaverry, Dean, Law School, Universidad del Pacifico (March 2018)


ICCA Handbook Country Report for Greece

"International arbitration in Greece has been growing rapidly over the past few years, while the Greek arbitration market is becoming familiar with investment arbitration as well, including ICSID proceedings. It is my wish that international and domestic arbitration fall under the same legislative umbrella in the near future, forming a consolidated system."

- Ioannis Vassardanis, Managing Partner, Ioannis Vassardanis & Partners (March 2018)


ICCA Handbook country report for Poland

"In Poland, like in many other jurisdictions, arbitration is presently subject to a process of re-evaluation of basic presumptions concerning its axiology and practical usefulness. At the same time, the legislation continues (or, at least, continued until recently) the process of liberalization of the arbitration law. The reform which entered into force on 1 January 2016 provides, in particular, for a limitation of appeal against state court decisions on the recognition and enforcement of an arbitral award, or on its setting aside, to one instance only; such cases shall be heard in the first instance by the appellate courts. This will make possible a considerable reduction of the duration of post-arbitration proceedings in Poland."

- Andrzej Wisniewski, Of counsel and Legal Advisor, Markiewicz and Partners (March 2018)


ICCA Handbook country report for Serbia

 “Last September the Serbian Chamber of Commerce celebrated the seventieth birthday of its arbitral institution, which was recently renamed “Permanent Arbitration” (previously Foreign Trade Arbitration). For five years, its competitor on the dispute resolution market in Serbia has been the Belgrade Arbitration Center, founded by prominent members of the Serbian arbitration community. Both institutions also offer mediation services.”

- Maja Stanivuković, Professor of Law, Novi Sad University and President, Belgrade Arbitration Centre (December 2017)


ICCA Handbook country report for Ireland

“In a recent decision of the Irish High Court, U.Dori Construction v Greaney [2017] IEHC 444, the court declined the application of one party to court proceedings in Israel that one of the opposing party's witnesses be cross examined in Ireland in circumstances where the witness was due to give evidence on similar matters before an $80m ICC arbitration in London. The court referred to the significant procedural advantage that would be conferred on the applicant in the arbitration by having a "dry run" at the cross-examination of the witness, which the court clearly considered had the potential for creating an unfairness in the arbitration.”

- Michael M. Collins, Senior Counsel at the Irish Bar and Monckton Chambers and Gearóid Carey, Senior Associate, Matheson Solicitors (October 2017)


ICCA HANDBOOK COUNTRY REPORT FOR LATVIA

"The new Latvian Arbitration Law which entered into force on 1 January 2015 and which applies to both domestic and international arbitration has not met the expectations of bringing significant improvement to the regulation of arbitration in Latvia. Nonetheless, it has considerably reduced the high number of arbitral institutions by imposing stricter requirements for their establishment. The role of national courts to examine the validity of arbitration agreement is now also firmly recognized. Parties opting for arbitration in Latvia would be well-advised to familiarize themselves with the new Law and its peculiarities."

- Girts Lejins, Founding Partner, Co-head of Litigation practice group, COBALT and Eva Kalnina, Senior Associate, Lévy Kaufmann-Kohler (December 2016)


ICCA HANDBOOK COUNTRY REPORT FOR THE United Arab Emirates

"The UAE has continued to establish itself as the regional hub for arbitration in the MENA region, an extension of its role as a trade corridor between East and West and as a stepping stone for investment into Africa.  In recent years the UAE has seen the development of an innovative and unique product in the form of arbitration ‘free-zones’.  The Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM) provide modern, up to date, Model Law-inspired arbitration legislation, and supportive arbitration-friendly common-law courts, that bring the UAE’s arbitral framework into the 21st century. While the ‘on-shore’ (non-DIFC or ADGM) arbitral framework requires updating, decisions of the UAE courts on matters such as enforcement are promising and bode well for the future of arbitration in the region."

- Sami Tannous, Partner at Freshfields Bruckhaus Deringer LLP, Samantha Lord Hill, Senior Associate and Amr Omran, Associate in Freshfields Bruckhaus Deringer LLP’s International Arbitration Group (August 2016)


ICCA HANDBOOK COUNTRY REPORT FOR BANGLADESH

"In 2001, Bangladesh replaced its earlier arbitration legislation with a new law based substantially on the UNCITRAL Model Law. With the increase in foreign investment in the public and the private sectors, international commercial arbitration has received greater attention in recent times. As a parallel development, commercial mediation has been introduced in general civil procedure law and revenue law in order to expedite resolution of disputes. There is now a good amount of arbitration-related case-law that has led to useful interpretation of the statutory provisions. Execution of arbitral awards remains a challenge, because the lower-tier civil courts have exclusive jurisdiction to execute awards, and the slow pace in disposal of execution cases may frustrate the very purpose of arbitration."

- Kamal Hossain, Head of Chambers, Sharif Bhuiyan, Partner and Tanim Hussain Shawon, Senior Associate at Dr. Kamal Hossain & Associates (June 2016)