Appointment of arbitrators

Annulment, Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Bias, International arbitration

(White & Case LLP)/ /Leave a comment
White & Case

CIETAC’s Vice Chairman and Secretary General recently announced at a conference in London that CIETAC may soon permit parties to select arbitrators from outside the CIETAC list. As the CIETAC Rules currently allow parties to appoint off-list only if they have agreed to do so, this announcement suggests that CIETAC may in the future allow…

Appointment of arbitrators, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, ICSID Convention, Investment Arbitration, Venezuela

(University of Victoria Faculty of Law)/ /1 Comment

The four most recent ICSID disqualification decisions (Universal Compression v. Venezuela, OPIC Karimum v. Venezuela, Tidewater v. Venezuela and Urbaser v. Argentina) have unanimously rejected applications to disqualify arbitrators on ICSID tribunals.  This post addresses an issue raised in three of the most recent decisions—disqualification based on repeat appointments by the same party or counsel—and…

Appointment of arbitrators

(Notre Dame Law School)/ /1 Comment

José Augusto Fontoura Costa of the São Paulo Law Faculty has just published a fascinating paper analyzing the process by which WTO panelists and ICSID arbitrators are nominated. What is most interesting about his thesis is that he offers a different conception of why we have elite arbitrators, but not an elite cadre of WTO…

Appeal, Appointment of arbitrators, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, Commercial Arbitration, Dispute resolution clause, Domestic Courts, Enforcement of an arbitration clause, English Law, ICC Arbitration, Nationality requirement in arbitration clauses, Supreme Court

(White & Case LLP)/ /2 Comments
White & Case

One of the key issues that now awaits the decision of the U.K. Supreme Court in Jivraj v. Hashwani is whether there is a contract between the parties and the arbitrators, such that the arbitrators may be considered “employees” of the parties (and thereby subject to the law prohibiting discrimination by employers)? If there is…

Anti-arbitration, Appointment of arbitrators, Arbitral seat, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, Dispute resolution clause, International arbitration

(MDisputes)/ /4 Comments

The Arab Spring transforming the societies of the Middle East has raised more than a few questions among us in-house folk about what this will mean for dispute resolution in the region. Will civil institutions, in particular the courts, be a reliable mechanism in the coming years for upholding contractual rights, including agreements to arbitrate…

Anti-arbitration, Appointment of arbitrators, Arbitration clause, Commercial Arbitration, Damages

(MDisputes)/ /1 Comment

Certain practices are as unwholesome as they are repeated with hard-headed stubbornness that they merit the denomination “worst practice”. A good New Year’s resolution for those engaging in international arbitration would be to pledge to stop engaging in them. I’ll limit myself to throwing stones at my own glass house: the worst practices committed by in-house counsel like myself and the lawyers we appoint.

Appointment of arbitrators, Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, ICC Arbitration, National Arbitration Laws, Partial award, Set aside an international arbitral award

(Castaldi Mourre & Partners)/ /2 Comments

Amongst the many issues raised by the now famous Tecnimont case, which we analyzed in our 19 May 2009 blog , was the relevance in setting aside proceedings of institutional rules relating to challenges. The ICC partial award had been quashed by a 12 February 2009 judgment of the Court of Appeal of Paris, because…

Appointment of arbitrators, Arbitrators, Europe

(Dr Stefan Kröll, LL.M., Rechtsanwalt)/ /3 Comments
Institute for Transnational Arbitration (ITA)

In a recent contribution to this list serve Alexis Mourre vigorously defended the parties’ right to appoint their own arbitrator. The appointment of an arbitrator is probably one of the single most important decisions during an arbitration. In so far it is not surprising that the right to appoint ones own arbitrator is regularly mentioned…

Appointment of arbitrators, Arbitration Agreements, New York Convention

(International Council for Commercial Arbitration)/ /1 Comment
Freshfields Bruckhaus Deringer

In Safety National Casualty Corp. v. Certain Underwriters at Lloyd’s, London, 587 F.3d 714 (5th Cir. 2009), the Fifth Circuit addressed the following question: does the McCarran-Ferguson Act authorize state law prohibiting arbitration agreements in insurance contracts to reverse-preempt the New York Convention or the New York Convention’s implementing legislation (the Federal Arbitration Act, or…