Disputes, particularly arbitration, has been predominated by the old pale male. Diversity, though a hot topic, is something that the arbitration field is still striving to achieve. What many would like to see is that all people, male or female, are appointed whether as an arbitrator or a counsel based on their credentials. However, as…

  A common concern for arbitration practitioners in Africa is that when it comes to African seated arbitrations, African practitioners are underrepresented. The African Arbitration Association (AfAA) was set up as a combined vision of practitioners in the region to create a platform that would encourage and create more opportunities for greater representation of African…

On 27 March 2017, the Secretary-General of the Permanent Court of Arbitration (“PCA“) designated an appointing authority in an OIC arbitration by applying the UNCITRAL Arbitration Rules, despite the absence of any reference to these Rules in the OIC Agreement. This decision, which concerns a pending case, DS. Construction v. Libya , could mark the…

The endeavours of the ICC go beyond the definition of an arbitration institution; it is indeed one of the most important agents of cultural integration, incubator of diversity and best arbitration practices. A true manifestation of this is the ICC Young Arbitrators Forum (YAF); a global space for the young arbitration community which provides networking opportunities…

Introduction Section 11 of the Arbitration and Conciliation Act of India, 1996 (the Act), demonstrates in detail the procedure for appointment of arbitrators. It empowers the court to examine the existence of an arbitration agreement while deciding the application for such appointment. The gravity and significance of such proceedings is vast, in both domestic and…

Participants at this year’s Dubai Arbitration Week gathered for the ICC conference hosted by Al Tamimi & Co on 14 November 2018. The conference featured a lively roundtable discussion on the subject of “Arbitrator Disclosure – Local Flavour or International Standards?” chaired by Nadia Darwazeh. The panel comprised practitioners from across the MENA region and…

Party-appointed arbitrators have recently been the subject of much debate in the arbitration community. There are those who see the ability to ‘choose’ an arbitrator as one of the fundamental pillars of arbitration. For others, it is a time- and cost-consuming exercise leading to potential conflicts and an increased likelihood of arbitrator challenges, both of…

Party Appointed Arbitrators and the Drive for Diversity Over the last 8 years, BCLP’s International Arbitration Group has conducted a number of surveys on issues affecting the arbitration process.  In 2017 the survey focused on the issue of diversity [Diversity on Arbitral Tribunals: Are we getting there?] and in 2018 on the issue of party…

This post, which continues the topic considered here and here, discusses the main issues to consider when choosing arbitration to resolve smart contracts disputes, and lists a number of red flags that emerge from a survey of white papers on arbitrating smart contract disputes prepared by the tech community. (1) The Form of Smart Contract…

In the midst of the second edition of the Paris Arbitration Week, Jeantet hosted, on Thursday 12 April 2018, a roundtable on the topic “Arbitrating with States in CEE & CIS”. The speakers of the roundtable were: Cosmin Vasile (Zamfirescu Racoti & Partners), Yas Banifatemi (Shearman & Sterling), Davor Babić (University of Zagreb), Yasmin Mohammad…

The afternoon session at ICCA Sydney Conference 2018 on “Party Autonomy in Choosing Decision-Makers” was moderated by Prof. Dr. Gabrielle Kaufmann-Kohler and had the insightful contributions of Alfonso Gómez-Acebo, Audley Sheppard QC, Natalie Y. Morris-Sharma and Ruth Stackpool-Moore. The session commenced with Prof. Dr. Kaufmann-Kohler underscoring the importance of maintaining party autonomy in international arbitration….

On the heels of a year that has seen the rise of populist nationalism, skepticism of multilateral trade agreements and calls to tighten in some ways the flow of people across borders – perhaps most visibly in the United States and across Europe, but with manifestations elsewhere – many communities saw a retreat from international…

As on May 1, 2017, 60751 cases were pending in the Indian Supreme Court. Likewise, as per the data available, a total of 41,53,957 cases are pending in the twenty-four High Courts in India. The rate at which these cases are disposed, for various reasons like the vacancies for the position of judges, inefficient procedures,…

In April 2010, Professor Jan Paulsson delivered his inaugural lecture as holder of the Michael R. Klein Distinguished Scholar Chair at the University of Miami School of Law where he expressed the view that the practice of unilateral appointments (or nominations) of arbitrators is a moral hazard which should be removed. This lecture sparked debate…

By Mirèze Philippe Special Counsel at the Secretariat of the ICC International Court of Arbitration Founding Co-President ArbitralWomen Member of the Pledge Steering Committee The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s institution. The Equal Representation…

Introduction Saudi Arabia has changed dramatically in the past two decades, and many of those changes have potentially positive implications for international arbitration. As a crucial starting point, the Saudi government has focused intense attention and devoted vast resources to diversify the country’s economy, most interestingly by investing billions of dollars to develop the education…

Claudia Pechstein, 44, is a well-known speed skater – she has won 60 medals at international championships and at the Olympics since 1992. However, the media coverage on her seven year juridical battle against a two year suspension imposed on her for a disputed doping rules violation has put her into the spotlight even more…

In a ruling of earlier this month (see CFI 017/2015 – Emirates NBD Bank PJSC v. Infospan Gulf Inc., ruling of the DIFC Court of First Instance of 3rd April 2016) H.E. Justice Ali Al Madhani, one of the UAE-national resident judges of the DIFC Courts, sitting in the DIFC Court of First Instance, found…

“A course in international arbitration that does not cover the Libya oil arbitration cases of the 1970s would probably be considered incomplete by most standards.” (Arbitration in Asia and Africa: Profiles of Selected Arbitral Institutions, Won Kidane, China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration, International Arbitration Law Library, Volume 23, p.367) This…

The Court of Arbitration of the International Chamber of Commerce began the new year by announcing two interesting and even bold innovations. The ICC Court will now, according to the ICC’s own press release, “publish on its website the names of the arbitrators sitting in ICC cases, their nationality, as well as whether the appointment…

The Report of the International Finance Corporation [IFC] “Investing Across Borders” for the year 2010 outlined that a stable, predictable arbitration regime, as a part of broader framework for the rule of law, is one of the factors that drive foreign investment and it should be country’s top priority. Despite the fact that reforming an…

Introduction It is often said that the choice of a party-nominated arbitrator is the single most important decision a party will make in any arbitration. The right to appoint one of the decision-makers sets the arbitral process apart from litigation, and is touted as a key selling point. When exercising this right, it is now…

Seemingly not a month goes by without a new arbitral institution springing up, from Turkey to Bulgaria, from Georgia to Jerusalem, and from Cambodia to Rwanda. Establishing a new arbitration center, however, is not simply a matter of finding office space or picking a name.  In fact, picking a name can barely even be considered…

and David Mamane and Hannah Boehm, Schellenberg Wittmer With its interim judgment of 15 January 2015, the Higher Regional Court of Munich added a new chapter to the longstanding legal dispute between the German speed skater Claudia Pechstein and the International Skating Union (“ISU”) (see the previous report on this story). The full decision has…