The 1996 Brazilian Arbitration Act (the “BAA”), which subjects domestic and international arbitrations to the same set of rules, has been modified only once through the 2015 amendment (the “2015 Amendment”). On July 6, 2022, Brazilian party leaders signed a Motion of Urgency to bypass the standard legislative process – which usually comprises public consultations…

The New York International Arbitration Center’s (“NYIAC”) annual Grand Central Forum took place on 13 July 2022. The event coincided with the 55th session of the United Nations Commission on International Trade Law (“UNCITRAL”) held in New York which, among other topics, focused on the recent fourth draft of the joint ICSID-UNCITRAL Code of Conduct…

Two years since it was published, the draft of the Code of Conduct for Adjudicators in International Investment Disputes is still subject to discussion and refinement by States and other stakeholders participating in the UNCITRAL Working Group III (WG III). This evolving instrument, developed jointly by the ICSID and UNCITRAL Secretariats, is the first attempt…

Arbitration proceedings most often involve complex disputes, where technical issues require specific technical, scientific, legal or financial expertise, leading parties to appoint one or more experts to support their position and assist the arbitral tribunal. The 2018 LCIA Note on Experts in International Arbitration reported that, out of some 300 new arbitrations registered each year…

In 2017 Spain was ordered to pay Eiser €128 million on account of its failure to afford fair and equitable treatment. This award was subsequently annulled because the claimant-appointed arbitrator omitted to disclose a professional relationship with the claimants’ damages expert which led to, inter alia, the tribunal being improperly constituted. The full costs of…

In establishing an International Chamber of the Paris Court of Appeal in 2018, France signalled its desire to make Paris a favoured venue for resolving complex international disputes. The International Chamber has jurisdiction in France over any and all disputes that involve international commercial interest, which include, in particular, disputes related to commercial and transport…

“To disclose or not to disclose?” no longer seems to be a question for international arbitrators. The narrative and policy space surrounding the independence and impartiality of international arbitrators has been consistently driven towards maximum disclosure obligations. This is evidenced in recent legal instruments seemingly blurring the lines between the recognized ethical standards for arbitrators,…

The pandemic did not prevent French courts from bringing their share of arbitration-related developments, although they remained almost inactive from March to June. This post succinctly reviews some of 2020’s noteworthy developments.   Important Decisions of the Paris Court of Appeal’s International Section Operational since March 2018, the International Chamber of the Paris court of…

Competitive tendering for construction and engineering contracts is an essential element of business for the industry. Huge expenditure is devoted to public infrastructure projects and effective competition is essential to achieve value for money and appropriate use of public funds. The World Bank estimates that Governments worldwide spend US$9.5 trillion in public contracts every year….

The ITA (Institute for Transnational Arbitration) – ALARB (Latin American Society of Arbitration) Americas Workshop took place virtually on 2-4 December 2020. The conference focused on the role of arbitrators, their liabilities, challenges, and the need for increased diversity efforts. The conference was co-chaired by Julie Bédard (Skadden, New York), and Maria Inés Corrá (Bomchil, Buenos…

Egypt recently set out a legal framework for the protection and regulation of personal data. The legislation was brought about to regulate the protection of personal data which is stored and processed electronically. However, the law is silent on its application to arbitration and arbitral proceedings. The intersection between arbitration and data protection is not…

The strength of any dispute settlement mechanism will depend upon its consistency with the requirements of independence and impartiality. Disclosures made by adjudicators prior to adjudicating a dispute, and challenges raised against adjudicators during the course of dispute settlement, target a perceived absence of independence or impartiality. The purpose of this post is to juxtapose…

The availability and scope of ‘discovery’ or document production significantly differs across jurisdictions, most notably when comparing litigation in common law and civil law courts. In the field of international arbitration, the compromise position adopted by the International Bar Association’s Rules on the Taking of Evidence in International Arbitration is to permit disclosure of documents…

On May 1, 2020, the Secretariats of ICSID and UNCITRAL released the first draft of the Code of Conduct for Adjudicators in Investor-State Dispute Settlement (ISDS). I had the privilege of working extensively on the drafting of the Code as a Scholar in Residence at ICSID, and I think this is an important development in…

The UK Supreme Court will hear an appeal from Halliburton Company v Chubb Bermuda Insurance Ltd [2018] EWCA Civ 817 on whether an arbitrator may accept appointments in multiple references concerning the overlapping subject matter with only one common party, without giving rise to an appearance of bias and without disclosure. As it stands, the…

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…

The 10th panel session of the ICCA Sydney Congress 2018 with The Honourable P A Bergin, Singapore International Commercial Court; Dr. Shen Hongyu, Supreme People’s Court (China); Flip Petillion, Petillion (Belgium); and Henri C. Alvarez, Vancouver Arbitration Chambers (Canada) and moderated by Stephen L. Drymer, Woods LLP (Canada), continued this year’s theme of evolution and…

On December 12, 2017, the Supreme Court of Japan rendered its first decision on the setting aside of an arbitral award based on an arbitrator’s failure to disclose facts allegedly constituting a conflict of interest, reasoning that, in order for the award to be set aside on this ground, it is necessary that the arbitrator…

The IBA Guidelines on Conflicts of Interest focus on when an arbitrator should disclose potential conflicts, as well as when he or she should simply not accept appointment. For the most part, they do not specifically address the potential disqualification of an arbitrator. Nonetheless, the Guidelines, even though non-binding, have become quite influential in the…

The English High Court has reinforced its pro-arbitration stance in two recent judgments in the case of P v Q [2017] EWHC 148 (Comm.) and [2017] EWHC 194 (Comm.). Much attention has been devoted to the failed application under section 24 of the English Arbitration Act 1996 (the “Act”) to remove the arbitral tribunal on…

As of 1 February 2017 shareholders in a Russian company may refer their corporate law disputes to arbitration. Still, except for disputes from share purchase agreements or those involving securities registrars, having an arbitration clause in a company charter, a shareholders’ agreement (“SHA“), or elsewhere which submits corporate disputes to arbitration is not enough. A…

On 12 April 2016, the Paris Court of Appeal rejected the request for annulment brought by the Greek Company S.A.J. & P. Avax (“Avax”) against an ICC partial award on the ground that the chairman of the tribunal lacked independence. This is the fifth decision rendered in this case by French courts and in all…

The ICC’s adoption, on 12 February 2016, of a “Guidance Note for the disclosure of conflicts by arbitrators,” which “aims at ensuring that arbitrators are forthcoming and transparent in their disclosure of potential conflicts” (See ICC Press Release dated 23.2.2016, “ICC Court adopts Guidance Note on conflict disclosures by arbitrators”), is a development of interest…