The unique way arbitrators organize and regulate themselves has been increasingly an interest of mine. Being within the world of arbitration it is easy to forget how unique the arbitration ‘market’ and the arbitrators’ ‘function’ is. Undoubtably one of the most curious aspects of international arbitration is how distinctive the process of ‘professionalisation’ of arbitrators…

The Task Force’s 2018 Report on Third-Party Funding has finally been released. Here are comments on eight of the most interesting points.   Third-party funding involves an entity, with no prior interest in the legal dispute, providing financing to one of the parties.   One of the trickiest issues regarding third-party funding (TPF) has been defining…

Hot on the heels of Singapore’s liberalising third party funding (TPF) for arbitration, Hong Kong followed with similar legislation. Keen to ensure the new regime works, the Singapore Ministry of Law is already seeking feedback on whether cases are being funded, businesses are benefiting from the liberalisation, and whether to expand third party funding.1) Singapore…

If you are a counsel in an ongoing arbitration, you have two obligations: 1) navigate your ways through provisions of the applicable law so that you can litigate as a professional; 2) satisfy your client with your service and make sure that all his questions are answered properly. Especially, if an arbitrator (whether or not…

The lack of consensus on ethical standards of conduct for counsel in international arbitration has given rise to two enduring problems. First, lawyers may find it hard to know how they should act where the professional rules of their home jurisdiction differ from, or conflict with, those at the seat of arbitration. Second, parties themselves…

Back in 2010, an arbitral tribunal composed by Luis Ramallo García (chairman), Miguel Temboury and Santiago Gastón ordered Puma to pay € 98 million to Estudio 2000 for the wrongful termination of their distribution contract. Notably, Mr. Gastón – appointed by Puma – did not sign the award. It was later revealed that he was…

On March 30, ITA and ASIL co-hosted their annual meeting in Washington, DC, and this year’s theme was “A Spotlight on Ethics in International Arbitration: Advocates, Arbitrators and Awards.” One of the panels explored the question of where best to house authority for determining the ethical obligations of parties and their attorneys. I moderated the…

The Swiss Arbitration Association (“ASA”) has called recently for the creation of a transnational body, the Global Arbitration Ethics Council, to whom matters of alleged unethical conduct would be referred. This entity would provide a truly global solution to a global problem and overcome one of the main criticisms levelled against both the IBA Guidelines…