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 applying the 1958 New York Convention, 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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Meet the Yearbook Authors ⬇︎

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Meet the Handbook Authors >>


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ICCA Yearbook Updates from Malaysia

"The Federal Court, the apex court of Malaysia, in Arch Reinsurance Ltd v. Akay Holdings Sdn Bhd [2018] MLJU 2117, considered the thorny question of arbitrability. The Federal Court decided that disputes in relation to charges under the National Land Code 1965 were not arbitrable, as the Code allowed a party to enforce such a charge by court proceedings, which rights in the Code are exhaustive and exclusive. Therefore, any attempt at contracting out of these rights, by way of an arbitration agreement, would be void as being contrary to public policy. This judgment shows that, although Malaysia is an arbitration friendly jurisdiction, there are limits to the types of disputes that are arbitrable."

- Thayananthan Baskaran, Partner at Baskaran, Kuala Lumpur (January 2020)

ICCA Yearbook Updates from the Dominican Republic

"The Dominican Republic has a relatively short history and limited jurisprudence on the application of the New York Convention on recognition and enforcement. Notwithstanding, one can appreciate the fact that, while unhappy parties may be very creative in conjuring arguments seeking to defeat recognition and enforcement, Dominican courts are well-versed on the New York Convention and have consistently applied it."

- Josefa Sicard-Mirabal, Esq., Independent Arbitrator and Adjunct Professor of Law (January 2020)

ICCA Yearbook updates from Hungary

“Although Hungary is member to the New York Convention from its inception, the related case law of national courts has not been published in English before. Making available the Hungarian decisions of the last 20 years to the international arbitration community was a gap that needed filling, to demonstrate the pro-arbitration approach of this jurisdiction.”

- Richard SchmidtManaging Partner of SMARTLEGAL Schmidt & Partners (January 2020)

ICCA Yearbook updates from China

“China has launched a series of landmark policies and measures to accelerate the reform and innovation of commercial arbitration. China aims to cultivate well-recognized international arbitration centers and its strengthened judicial support helps create a pro-arbitration environment.”

Arthur Dong, Founding Partner, AnJie Law Firm, Beijing (October 2019)

ICCA Yearbook updates from Bosnia and Herzegovina

“Bosnia and Herzegovina (BH) is on the path of strengthening and modernizing its arbitration framework. Such a transition is of crucial importance for the country's overall development especially given that an effective arbitration framework is a key factor in attracting foreign investors and increasing judiciary efficiency. Recent decisions show that the BH judges are aware of the supportive role they play in this process and, accordingly, their readiness to adopt a pro-arbitration interpretation of the relevant law and facts. Some of these decisions are reported in the Yearbook Commercial Arbitration, which will continue to monitor these positive developments in BH.”

Nevena Jevremovic, Co-Founder and President of the Association ARBITRI (October 2018)


ICCA YEARBOOK UPDATES FROM BRAZIL

"The enactment of Brazilian Law of Arbitration, in 1996, amended in 2015, as well as the rafitication of the New York Convention have changed the situation for foreign arbitral awards as they do not need to go through a double homologation process anymore. Since 2005 the Superior Court of Justice is the Brazilian High Court responsible for the recognition and enforcement of foreign arbitral awards and has developed case law that guarantees the broad acceptance of international arbitration in Brazil. Brazilian jurisprudence on the recognition and enforcement of foreign awards and the application of the New York Convention is monitored in the yearly selection of decisions I provide for publication in the Yearbook Commercial Arbitration."

- Nadia de Araujo, Senior Partner Nadia de Araujo Advogados, Professor of Private International Law at Pontifical Catholic University, and Arbitrator (January 2019)


ICCA Yearbook updates from Albania

“Since 2000, when Albania ratified the New York Convention of 1958, the Albanian courts have systematically applied it, along with the provisions of the Albanian Code of Civil Procedure. In the 2018 publication of the ICCA Yearbook, we bring some of those Albanian courts decisions, most importantly a decision of the Joint Panels of the Albanian Supreme Court, which aims to unify the practice of the Albanian courts by stating the proper procedure for recognition and enforcement of foreign arbitral awards.”

Flutura Kola Tafaj, Partner, Kola & Associates Law Firm and Professor of Law, University of Tirana, Faculty of Law and Silvana Çinari, Associate, Kola & Associates Law Firm and  Lecturer, University of Tirana, Faculty of Law (October 2018)


ICCA Yearbook updates from Russia

“I would like to draw the attention of the readers to two recent decisions of the Russian courts. In case no. 307-ES17-640 (A56-13914/2016), the Russian Supreme Court held that lack of means on the side of the claimant does not preclude international arbitration. The present decision is an important step towards the validity of arbitration clauses in Russia; it should restrict the practice by which claimants undermine arbitration bringing a case to a court by arguing lack of means on its side to commence arbitration."

"Case no. A40-67511/2017, Tatneft v. Ukraine, is one of the first cases when the Russian courts apply the new Russian legislation on state immunity from enforcement.  A lot of particular issues arose in the present case. For example, a court of first instance held that an arbitration clause provided for in Art. 9 of the 1998 Russia-Ukraine BIT did not extend to the proceedings for the recognition and enforcement of an arbitral award rendered against the State and, therefore, Ukraine enjoyed immunity from execution. In contrast, a cassation court reversed the first instance decision. It held that Ukraine waived immunity from jurisdiction by agreeing to the arbitration agreement. At this time (Oct. 2018) the case is still pending before the Russian courts.”

- Mikhail Samoylov, LLM (MIDS), Associate at Egorov Puginsky Afanasiev & Partners (October 2018)


ICCA YEARBOOK UPDATES FROM Korea

“The Korean courts have exercised pro-enforcement discretion when reviewing arbitral awards by minimizing judicial intervention. It is regularly justified to construe narrowly the grounds for refusing recognition and enforcement of an arbitral award. In the Mann Hummel GmbH decision, the claimant produced a document to the arbitral tribunal, but not to the respondent out of confidentiality concerns. The Court denied a violation of the respondent’s right to be heard. In a shipbuilding contract case, the respondent disagreed with the amount awarded regarding breach of the contract and invoked the principle of proportionality. The Court held that even if awarded damages amounted to two thirds of contract price, it could not be considered sufficient to constitute a violation of public policy. My translations of these and other Korean decisions are published in the 2018 Yearbook."

- Inho KimMember of the UNIDROIT Governing Council and Professor of Law at School of Law, Ewha Womans University (January 2019)


ICCA YEARBOOK UPDATES FROM ALBANIA, ARGENTINA, BELARUS, BELGIUM, BELIZE, BOSNIA-HERZEGOVINA, COLOMBIA, CROATIA, KAZAKHSTAN, KENYA, KYRGYZSTAN, LUXEMBOURG, SEYCHELLES and SOUTH AFRICA

"Perhaps the greatest achievement of the ICCA Yearbook is that practitioners of international commercial arbitration around the world refer to it as the number one source for court decisions interpreting the New York Convention. With judges in numerous jurisdictions having to decide the same questions, the need for this truly global work of reference is self-evident. For those looking for the best practices and mistakes in other jurisdictions, the Yearbook has become indispensable. 

To name but one example: Ever since the notorious Norsolor decision (reported in Yearbook XI (1986) pp. 484-491), French courts have been infamous for recognizing and enforcing annulled arbitral awards. While Luxembourg followed the French approach in a few early decisions (for example in a decision reported in Yearbook XXIV (1999) pp. 714-723), the recent Pemex decision of the Luxembourg Court of Appeal (reported in Yearbook XLII (2017) pp. 433-436) clearly rejected that approach. Of course, opinions on which of these decisions represent best practices and which constitute mistakes will differ."

 - Michael Wietzorek, Associate at Taylor Wessing in Munich, Germany (January 2019)