Three Crowns LLP’s Post

Reza Mohtashami KC, a partner in the London office of Three Crowns LLP, and Vamika Puri, an associate in the Singapore office, have contributed two chapters to The Plurality and Synergies of Legal Traditions in International Arbitration: Looking Beyond the Common and Civil Law Divide, recently published by Kluwer Law International. The book was edited by Nayla Comair-Obeid and Stavros Brekoulakis. Reza authored the chapter, “Some Observations on the Civil Law: Common Law Dichotomy – The Approach to Procedural and Legal Issues”. Vamika co-authored the chapter on “Judicial Intervention, Perception and Reaction: The Civil-Common Law Approaches”, with Dr. Michael Hwang SC. To find out more and to view the publication online, click below.

We are very pleased to share that Paxus LLP and Founder & Principal Suzanne Spears have been ranked in the Legal 500’s 2025 UK Guide for Public International Law and International Arbitration. Follow the link below to learn more. #PublicInternationalLaw #InternationalArbitration #HumanRightsLaw #HumanRights

The University of Virginia School of Law magazine features Paul Hastings Global Co-Chair of International Arbitration Jonathan C. Hamilton in its latest edition, coining him as “A ’Vigilante’ of International Arbitration.” The piece highlights his leadership as editor-in-chief of the Virginia Journal of International Law (VJIL) and path to resolving high-profile disputes worldwide. #InternationalArbitration #InternationalLaw

Honored to share that Freshfields Bruckhaus Deringer has once again been ranked Band 1 in the Chambers Global Guide 2024 for both International Arbitration and Public International Law. 🏆 A testament to our exceptional team's dedication and expertise. #ChambersGlobal2024 #LegalExcellence #InternationalArbitration #PublicInternationalLaw

Dear Connections, I'm thrilled to announce that my new article has been published whose name is "What Is the Role of Terms of Reference in the Transactions of International Arbitration Law. A Comparative Analysis Between ICC Arbitration Rules and the Code of International Arbitration in Turkey, Law No:4686" on Turkish Law Blog today. I am always open to recommendations and suggestions. I hope it is beneficial for all readers. For access to my essay, please click the link: "https://lnkd.in/dyDCf_mA"

Party Autonomy in International Arbitration: Balancing Sovereignty and Legal Boundaries: the article focuses on how International arbitration upholds party autonomy in choosing applicable laws, diverging from constraints imposed by national courts.... Read Full Article at: https://lnkd.in/gaJ6K_gC White Code VIA Mediation & Arbitration Centre #Party #autonomy #International #arbitration #Choice #of #law #Lex #fori #Boilerplate #provisions #Judicial #oversight

📢 Calling all students, professionals, and academics interested in international comercial law and international arbitration! 🖊 Do you have a Vis Moot topic you always wanted to publish about, but could never get to? Are you interested in academically exploring and sharing your knowledge on a cutting-edge topic on international arbitration or international commercial law? Or do you simply want to review a book and share your thoughts with the arbitration community? 📝 If you are looking to publish your article in a world-renowned, peer-reviewed journal read by thousands of academics, professionals, and mooties from across the world, then submit your article to Vindobona.journal@maa.net and vj@maa.net and spread the word! For more information on author guidelines, please refer to https://lnkd.in/d5XaVjXs if you have any questions, please email Vindobona.journal@maa.net and vj@maa.net.

The proposed amendment to the German Arbitration Law introduces some ground breaking reforms to the arbitration landscape. Some of these reforms include; the recognition of free-of-form arbitration agreements for specific categories of parties; increased procedural economy; digitalization of arbitration (remote hearings & digital delivery of awards); provision for appointment of arbitrators in multiparty arbitrations; recognition of dissenting opinions in 3-member arbitral tribunals; publication of awards; and, the possibility of retrial of a case by Court in an application to set aside an award in exceptional circumstances, etc. Perhaps the most interesting reform amongst all these is the provision for Setting Aside Negative Decisions on Jurisdiction. Under the new German law, where an arbitral tribunal rules that it DOESN’T have jurisdiction in a matter, the aggrieved party can apply to the Higher Regional Court to review that decision & if it finds that the tribunal has/had jurisdiction, it may refer the dispute on the merits back to the tribunal. In contrast with the Ugandan Arbitration Law, the Arbitration & Conciliation Act Cap. 4 explicitly caters for situations where the Arbitral Tribunal rules that it has jurisdiction. S.16(6) thus provides that; “Where the arbitral tribunal rules as a preliminary question that IT HAS JURISDICTION, any party aggrieved by the ruling may apply to the court within thirty days after having received notice of that ruling, to decide the matter.” I observe that the Act is silent on situations where the Arbitral Tribunal rules that it does not have jurisdiction in a matter. Without a clear provision, this is often taken as a termination of the Arbitral Tribunal’s mandate. The absence of such a provision or remedy creates challenges in the efficiency of arbitral proceedings as the aggrieved party may be left with no choice but to take the lengthy cumbersome court litigation route yet the High Court would have concluded differently from the arbitrator’s decision. This could be a potential area for reform.

Last week, the Knesset (Israeli parliament) unanimously passed the International Commercial Arbitration Law – 2024, closely aligning with the UNCITRAL Model Law on International Commercial Arbitration, a framework already adopted by 90 states worldwide. This landmark legislation represents a pivotal milestone for both global entities conducting business in Israel and practitioners in dispute resolution. With the adoption of this Law, Israel now joins the ranks of 123 Model Law jurisdictions, enhancing its reputation as an efficient seat of arbitration. While the International Commercial Arbitration Law largely mirrors the provisions of the Model Law, there are specific instances where it diverges to adhere to Israel’s legislative principles. Attached for your reference is a memo coauthored by myself and my colleagues dror varsano, Sivan Wulkan, and Maya Katz Hilburg, outlining these unique provisions. https://lnkd.in/dQn7YMRE

The Thirteen Annual Smit-Lowenfeld Prize: Rekha Rangachari, Kabir A.N. Duggal, and Adam Masurovsky  https://lnkd.in/eBEBvu5y Rekha Rangachari, Kabir Duggal, Ph.D., and Adam Masurovsky are the recipients of the 2024 Smit-Lowenfeld Prize for best article in the field of international arbitration published in 2022. They are being recognized for their article entitled, "One Size Fits All? Comparing Civil Law and Common Law Approaches to Evidence and Its Application in International Arbitration," which published in the Dispute Resolution Journal (Vol. 76, Issue 1, pp. 53-74). The article provides a broad comparative view of the historical differences between the common law and civil law traditions. It further addresses how these two traditions influence evidentiary procedure in international arbitration, focusing in particular on: (i) witness testimony, (ii) document production, and (iii) the role of the tribunal. In each instance, the article explores the key differences and overlap between the two major attempts to harmonize evidentiary procedure-the IBA Rules and the Prague Rules.