On Tuesday 22 April 2019, the Chartered Institute of Arbitrators (Singapore) issued their Guidelines for Witness Conferencing in International Arbitration (the “Guidelines”), providing tribunals, witnesses and parties with guidance in the conduct of witness conferencing.   Witness Conferencing Witness conferencing is the process by which two or more witnesses give evidence concurrently before a tribunal….

Experts play a pivotal role in many international arbitrations. Usually, they are there to testify what went wrong. However, their know-how of the subject matter of the arbitration and their technical expertise may also be used to explain what went right. One approach to giving an arbitral tribunal the benefit of such an explanation, when confronted…

In this continuing series of blog posts, we have been using Dispute Resolution Data (DRD)’s growing repository of international arbitration case data to analyze the extent to which such cases reach various outcomes, whether it be an award being rendered, administrative closure, dismissal, impasse, or settlement/withdrawal (which we treat as a single, distinct outcome). Our…

Following up on Efficient Arbitration – Part 2: Launching an Efficient Arbitration, where we addressed efficiency tools available at the early stages, we now provide an overview of options to save time and costs up until the award. As we continue our efficiency series, we will zone in on a selection of efficiency tools and…

[I]t is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done. If you sought to distil [the connection between ISDS’s transparency and legitimacy] to a single point, it would be that transparency is a necessary condition of…

by Sonja Heppner, Trinity College Dublin, School of Law The text of the proposed Trans-Pacific Partnership (‘TPP’) as agreed upon between the United States and Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam on 5 October 2015 provides for public arbitral hearings. The approach taken by the prospective signatories of…

Procedural orders rarely become the subject of blog posts, much less the impetus for concerted action among states anxious to control the strategic space on which investment treaty arbitrations unfold. However, a series of orders in Detroit International Bridge Company v. Canada generated controversy when the tribunal steadfastly excluded representatives of the United States from…

An English court recently ruled on important questions relating to arbitration due process. In Interprods Ltd v De La Rue International Ltd, [2014] EWHC 68 (Comm), the Queen’s Bench Division of the High Court dismissed an application to annul an arbitral award rendered by a sole arbitrator sitting in London. The circumstances that gave rise…

I spent some time earlier this month covering the Chevron-Ecuador hearings that took place in the Federal District Court in New York City. Much has been written about the outcome of those proceedings – and the denial of a request by Ecuador for an injunction against a bilateral investment treaty arbitration started some months ago…