The Arbitration Brief

The Achmea Judgment and its Repercussions

On January 15, 2019, a group of distinguished arbitrators, practitioners, and academics got together at American University Washington College of Law to discuss the most important decisions involving States in 2018. While the event consisted of two panels — one on disputes between States and the other on investor-State disputes — there was a decision…

Chinese Africa Joint Arbitration Center: A Solution to Trade Disputes between Africa and China

The increasing trade and investment cooperation between China and Africa, as well as the diversity of individual legal systems across African countries, create a growing need for neutral and cost-effective mechanisms for resolving commercial disputes between African and Chinese parties. These factors prompted the establishment of the Chinese Africa Joint Arbitration Center (CAJAC), which aims…

Incorporation of Arbitration Rules by Reference: Clear and Unmistakable Evidence of an Intention to Delegate the Authority to Arbitrate?

When questions about who should decide issues related to the existence, scope or validity of an arbitration agreement arise, the key rule is that “courts should not assume that the parties agreed to arbitrate arbitrability unless there is ‘clear and unmistakable’ evidence that they did so.” First Options of Chicago, Inc. v. Kaplan, 514 U.S….

Expected Changes to ISDS Mechanisms under the USMCA

Upon its ratification by all parties, the new United States-Mexico-Canada Agreement (USMCA) will make substantial changes to the former North American Fair Trade Agreement’s (NAFTA) investor-state dispute settlement (ISDS) mechanisms found under Chapter 11. US-Canadian investments will experience the most dramatic changes due to the complete elimination of Chapter 11 ISDS mechanisms. There are big…

Reforms to OHADA Arbitration Law

Responding to increased economic and foreign investment across Africa and to establish the Organization for the Harmonization of Business Law in Africa (“OHADA”) as a trustworthy arbitral institution, the OHADA Council of Ministers has revised the Uniform Act on Arbitration Law and the Rules of Arbitration of the Common Court of Justice and Arbitration (“CCJA”)….