Arbitration

Arbitration, Consent, Domestic Courts, obligation to arbitrate, Procedure, Stay of Proceedings, United States, Waiver

(Chinese University of Hong Kong, Faculty of Law)/ /1 Comment
YSIAC

The Sixth Circuit Court of Appeals recently ordered a fund management committee (‘SBC’) to arbitrate its dispute with Navistar International (‘Navistar’) – at Navistar’s request – despite the fact that Navistar refused SBC’s own request for arbitration, ignored SBC’s formal notice of arbitration, and then litigated SBC’s claim in court for over a year (Art…

Arbitration, Mediation, Uncategorized

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In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what may have become the “greatest reform in the history of the country’s judicial system”.1 Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate…

Anti-suit injunction, Arbitration, CJEU

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On 13 May 2015, the CJEU handed down judgment in Gazprom (C-536/13). As readers will recall, the case concerns whether an EU court must refuse to give effect to an anti-suit award granted by an EU seated arbitral tribunal on the basis that such a measure is incompatible with EU Regulation 44/2001 (the “Brussels I…

Admissibility, Arbitration, ICC Arbitration, Set aside an arbitral award

(Reed Smith)/ /Leave a comment
Linklaters

The so-called Jnah v. Marriott saga belongs to the category of cases that are seemingly never-ending. It is telling that the contracts which gave rise to the various disputes between the Lebanese company Jnah Development SAL (“Jnah”) and the US company Marriott International Hotels Inc. (“Marriott”) were concluded in 1994. On 18 March 2015, the…

Arbitration, Arbitrators, Public Policy

(AZHA Avocats)/ /2 Comments

On the ground that arbitration is a consensual and neutral means of dispute resolution, it has been suggested that arbitrators ought to be wholly and exclusively at the service of the parties and that they are not entrusted with a mission to defend public interests. There may be reasons to call this view into question….

Arbitral Award, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Best practices, Commercial Arbitration, Document Production, Due process, International arbitration, International Legal Theory and Teaching, Procedure, Uncategorized

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As a fitting tribute to the vision of the first dedicated arbitration education institution, the School of International Arbitration (SIA) marked its 30th anniversary with a two day conference looking back and looking forwards. Entitled “The Evolution and Future of International Arbitration: The Next 30 years”, it brought together over 200 graduates, academics and practitioners…

Arbitration, Asia-Pacific, Russia, Sanctions

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

and Brenda Horrigan and Rebecca Soquier, Herbert Smith Freehills LLP, Shanghai The sanctions arising out of the Ukrainian crisis have led commercial entities to consider their options for resolving current or potential disputes. In this post, we consider the impact of the sanctions against Russia on the future of dispute resolution for Russian entities and…

Arbitration, Surveys

(The Center for American and International Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

In connection with the upcoming 2015 ITA Workshop in Dallas on June 17-19, we are now conducting a survey on the experiences of arbitration practitioners with enforceability of arbitral awards. We write to invite your participation. As you may recall, last year we launched the 2014 ITA Survey on the Enforcement of Arbitral Awards, and…

Arbitration, Dispute Resolution Boards

(Dispute Resolution Board Foundation)/ /Leave a comment

As contracts containing Dispute Adjudication Boards (“DAB’s”) as a mandatory prerequisite to arbitration are on the increase (and being recognised as such by many legal systems) what issues are there around enforcing the establishment of such a Board? There is always, especially when a contentious situation has arisen, a party more reluctant to engage in…

Arbitration, Investment Arbitration, Investment protection, Investor, Mediation

(Washington and Lee University School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The University of Virginia’s Spring 2014 symposium focused on the topic of international development. One panel focused on the role of international politics in the context of international dispute settlement. With the mandate to examine elements related to both politics and development, I was asked to explore outcomes in investment treaty arbitration (ITA) as a…

Arbitration, Arbitration Institutions and Rules, ASEAN, Asia-Pacific, Expedited arbitration, International arbitration, Singapore International Arbitration Centre, Statistics

(Singapore International Arbitration Centre)/ /Leave a comment
YSIAC

SIAC ended speculation as to who would succeed Dr Michael Pryles as the next President of the SIAC Court of Arbitration by announcing, at the SIAC Annual Appreciation Event on Monday 2 March 2015, the appointment of Mr Gary Born of Wilmer Cutler Pickering Hale and Dorr LLP, with effect from 1 April 2015. At…

Arbitration, Construction arbitration, Dispute Resolution Boards

(Dispute Resolution Board Foundation)/ /3 Comments

Introduction Initially created as a tool for construction contracts, a dispute board may be defined as an intermediate dispute resolution mechanism established at the outset of the project and remaining in place until the end thereof whereby board members, with the expertise of the relevant construction sector, upon request provide prompt recommendations or decisions whenever…

Ad hoc arbitration, Arbitration, ICSID Arbitration, Statistics, UNCTAD

(Australian National University)/ /1 Comment

Both UNCTAD and ICSID have recently released documents designed to provide snapshots of key developments and trends in investor-State arbitration. Both documents draw upon a statistical analysis of case filings and outcomes to generate overviews of the lay of the land in this area of law. The documents highlight a number of important trends, and…

Arbitration, Arbitration Act, Australia, Commercial Arbitration, Domestic Courts

(Australian National University)/ /Leave a comment

The question of what constitutes an “arbitration” is unlikely to be one that arbitral practitioners have cause to ponder on a daily basis. In fact, such a question might appear at first to be purely theoretical or academic. A recent case (ASADA v 34 Players) from the Victorian Supreme Court in Australia, however, shows the…

Arbitration, Book Review, Investment Arbitration

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Institute for Transnational Arbitration (ITA)

I am grateful for the opportunity to introduce to the readers of this blog my new edited book: Litigating International Investment Disputes – A Practitioner’s Guide. International investment arbitration is increasingly complex and specialized, and this book seeks to guide new and experienced practitioners through the workings and details of international investment arbitration proceedings –…

Arbitration, Arbitrators, Surveys

(Pepperdine University School of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

In 2013, an extensive survey of experienced commercial arbitrators in the U.S. was conducted by the Straus Institute for Dispute Resolution with the cooperation of the College of Commercial Arbitrators (CCA), an organization of more than two hundred of the most experienced arbitrators in the U.S. The Survey provides considerable new data on arbitrators’ experiences,…

Arbitration, Arbitration Institutions and Rules, DIFC, Dubai, Middle East, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

By virtue of a recent Decree (see Decree No. (47) of 2014 Reshuffling the Board of Trustees of the Dubai International Arbitration Center, issued in Dubai on 7 December 2014), HH Sheikh Mohammed Bin Rashid Al Maktoum, the Ruler of Dubai, has appointed Dr. Habib Al Mulla, founder of former Habib Al Mulla & Co,…

Appointment of arbitrators, Arbitration, Competition Law, Court of Arbitration for Sport

(Schellenberg Wittmer Ltd, Switzerland)/ /Leave a comment
Schellenberg Wittmer

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…

Arbitration, Arbitrator Intelligence, Awards, Database

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Arbitrator Intelligence

and Alex Wiker, Dickinson School of Law On January 14, the Pilot Project for Arbitrator Intelligence—whose launch was first announced here on the Kluwer Blog—came to an official close. We could not be more pleased with the Pilot results, which we will share with readers below. But first, a bit of background about the methodology…

Arbitration, Arbitration Act, China, CIETAC

(WunschArb)/ /1 Comment

The split between CIETAC headquarters in Beijing and its two former Shanghai and Shenzhen sub-commissions following the adoption of CIETAC’s 2012 Arbitration Rules has remained in the spotlight. The feud escalated with the assertion of independence by the two sub-commissions and the revocation by headquarters of their authorisation to administer cases. To add to the…

Arbitration, Singapore, Singapore International Commercial Court

(Herbert Smith Freehills LLP)/ /3 Comments
Herbert Smith Freehills

At the opening of the legal year in Singapore on 5 January 2015, the Singapore International Commercial Court (“SICC“) was officially launched. In the words of Chief Justice Menon, the SICC is intended to “build upon and complement the success of [Singapore’s] vibrant arbitration sector and make [Singapore’s] judicial institutions and legal profession available to…

Arbitration, Colombia, Latin America, Predictability, United States

(Bilzin Sumberg Baena Price & Axelrod LLP)/ /Leave a comment

Perhaps on a daily basis, in at least one city somewhere in the Western Hemisphere, an international-arbitration practitioner is asked to describe the benefits of arbitration over litigation in Latin America. The common refrain: “Predictability.” As conventional wisdom goes, this almost automatic response is borne out of the notion that litigating in many Latin American…

Arbitral Tribunal, Arbitration, Witness, Witness Statement

(Budin & Associés Avocats)/ /Leave a comment

As counsel, I know the excitement and curiosity when, receiving the other party’s filing, I turn to the Witness Statement volume first: which witnesses have they put forward? How did they explain certain key meetings or documents? Are they bringing Mr. A to testify? Later, of course, I read the statements repeatedly and scribble marginal…