Arbitral Tribunal

Ad hoc arbitration, Arbitral Award, Arbitral Tribunal, Arbitration, Europe, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, Turkey, Uncategorized

, (Baysal & Demir Law Firm)/ /Leave a comment

The Public Policy Exception as an Unruly Horse There is an ongoing quest for a uniform application of the New York Convention. However, the interpretation of the exceptions to enforcement still varies. Albeit applying the same provisions, national courts continue to adopt different approaches to the enforcement of foreign arbitral awards. This is particularly true…

Arbitral Tribunal, Costs, Experts

(Durham Law School) and (Penn State Law and Dickinson School of Law)/ /Leave a comment

Arbitration in the 21st Century requires some bold, fresh thinking.  We must seek flexibility and innovation if legal civilization is to survive. 1) Thomas E. Carbonneau, The Law and Practice of United States Arbitration, xxix (6th. ed. 2018) Similarly,  when the market speaks strongly, we should  listen very carefully. We believe that open and free…

Arbitral Tribunal, Arbitration Institutions and Rules, Arbitrators, Diversity

(Queen's University Faculty of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

Jay-Z changed the rap game. Can he change the arbitration game? In a new lawsuit, the rap star (legal name: Shawn C. Carter) seems to be trying. Carter has recently won a temporary order staying arbitration for a dispute in New York. The memorandum of law in support of the petition for a stay (filed…

Africa, Arbitral seat, Arbitral Tribunal, Arbitration Proceedings, CAJAC, Commercial Arbitration, Interviews with Our Editors

(Equanimity Arbitration)/ /Leave a comment

With development in the African continent on the rise, the region is seeing the introduction and/ or revamping of its arbitration centres. One such development is the establishment of the China Africa Joint Arbitration Centre (CAJAC) to resolve commercial disputes between Chinese and African parties. Not an unsurprising development given China’s commitment to invest $60…

Arbitral Tribunal, Arbitration, Arbitration institution, Cybersecurity

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

The advent of the EU General Data Protection Regulation (GDPR), which came into force on 25 May 2018 within the EU and the European Economic Area, has sparked a renewed debate within the arbitration community about importance of adequate consideration being given to the collection, preservation and protection of data in arbitral proceedings. The GDPR…

Appointment of arbitrators, Arbitral Tribunal, English Arbitration Act

(Clyde & Co. LLP)/ /Leave a comment
YIAG

Party-appointed arbitrators have recently been the subject of much debate in the arbitration community. There are those who see the ability to ‘choose’ an arbitrator as one of the fundamental pillars of arbitration. For others, it is a time- and cost-consuming exercise leading to potential conflicts and an increased likelihood of arbitrator challenges, both of…

Africa, Arbitral Tribunal, Arbitration, Arbitrators, Counsel

(SOAS, University of London)/ /Leave a comment

Diversity in arbitration is currently topical, and this drove our engagement with it in relation to race (particularly African) in this survey. Related to this, is the entrenched perceptions against African arbitration practitioners which has negatively impacted on their participation in international arbitration (including Africa-connected disputes). The primary perception is that African arbitration practitioners are…

Arbitral Tribunal, Arbitration, Arbitrators, Sole Arbitrator

(Independent Practitioner based in Bogota, Colombia)/ /Leave a comment

During a recent conference on international arbitration, an in-house lawyer mentioned that whenever faced with the possibility of agreeing to an arbitration clause that provides for a sole arbitrator, she noted certain resistance within the company. There seemed to be a certain apprehension on placing the burden of deciding a dispute on a single person…

Arab World, Arbitral Tribunal, United Arab Emirates

(Paxus LLP)/ /Leave a comment

On May 3rd, the President of the United Arab Emirates (UAE) signed Federal Law No. 6 of 2018 (‘Law’) – the nation’s first federal arbitration legislation. According to the Federal National Council, this law has been formulated with the objective of maintaining and encouraging inflow of investments, and to comply with the UAE Vision 2021….

Arbitral Tribunal, Arbitration, Arbitration Proceedings, ICCA Sydney 2018

(Corrs Chambers Westgarth)/ /Leave a comment
Young ICCA

The morning session at ICCA Sydney Conference 2018 on “Revisiting Conventional Wisdom in the Organization of Arbitral Proceedings” was moderated by Chiann Bao and had the insightful contributions of Funke Adekoya SAN, Dr. Fuyong Chen, Klaus Reichert SC and Prof. Nayla Comair-Obeid. Chiann Bao insisted that we ought to deal with issues of procedure by…

Arbitral Tribunal, Arbitration, Energy, Energy Charter Treaty, Spain

(Colibra Insurance)/ /Leave a comment

The initially alluring and subsequently vehemently amended incentives for investments in renewable energy projects across Europe have given rise to a significant number of arbitration claims brought on basis of the Energy Charter Treaty (ECT) and various BITs. Currently there are tens of pending investment treaty arbitrations with respect to renewable energy projects in Spain,…

Arbitral Tribunal, Arbitration, Consolidation, HKIAC, ICC, kompetenz-kompetenz, SCC, SIAC

(Drew & Napier)/ /1 Comment
YSIAC

The potential ramifications on a party’s right to challenge an award made in a consolidated proceeding should inform a party’s decision to adopt institutional rules or national arbitration laws that allow for consolidation. Ensuring as a preliminary matter that the mechanism for consolidation and any waiver provisions in the institutional rules or national arbitration laws…

Arbitral Tribunal, Arbitrator Intelligence, Arbitrators

(Bocconi University)/ /1 Comment
Arbitrator Intelligence

Today, most arbitration practitioners have heard about Arbitrator Intelligence. They have seen it referenced in this blog space, heard it mentioned at a conference, or noticed that it has been identified as an important new innovation. But as often as people say they have heard of Arbitrator Intelligence, they also still have basic questions about…

Arbitral Tribunal, BIT, European Commission, European Union, Intra-EU BITs

(Macchi di Cellere Gangemi)/ /1 Comment

  The present analysis critically focuses on some aspects of the Opinion on the intra-EU BITs issued by AG Wathelet in the Achmea case (Case C-284/16) in September 2017. The Opinion has been extensively commented on in previously published posts on this blog. As such posts have noted, the AG’s position that intra-EU BITs are…

Arbitrability, Arbitral Award, Arbitral Tribunal, Arbitration, Arbitration Act, Arbitration Agreement, India

(Avsai Legal)/ /Leave a comment

Non-arbitrability of disputes is a ground for setting aside the arbitral awards under Sections 34(2)(b) and 48(2) of the Arbitration and Conciliation act 1996 (the “Act”), the award is against the public policy of India. Arbitrability, here, refers to the objective arbitrability of the disputes, i.e., whether the national law imposes any restriction on the…

Arbitral Tribunal, Arbitration, Arbitration Act, India

/ /1 Comment
YIAG

This post critically examines the recent Supreme Court judgment in TRF Limited vs. Energo Engineering Private Limited where the court held that a person who is ineligible to be appointed as an arbitrator cannot even nominate an arbitrator. This judgment was in the context of a unilateral arbitration clause (“unilateral clause”) in which one party…

Arbitral Tribunal, Arbitration, Arbitration Institutions and Rules, Cybersecurity

(Bryan Cave Leighton Paisner LLP)/ /1 Comment
Bryan Cave Leighton Paisner LLP

Cybersecurity bears particular significance to the realm of international arbitration. In addition to the ambient cybersecurity risks faced by each participant in international arbitral proceedings, the need to share information between the parties, the tribunal and the institution for the resolution of a dispute increases the likelihood that data will be lost or breached. Arbitral…

Arbitral Tribunal, Arbitration, Arbitrator's mandate, Arbitrators

(Clyde & Co. LLP)/ /1 Comment
YIAG

(a.k.a why is it always Bill?) To those unfamiliar with this popular Hasbro™ family game, each team has a board with 24 faces on it – the faces vary in colour, shape, gender, facial hair and attire. In the conventional game each side ‘picks their person’ and the other player has to whittle down the…

Arbitral Tribunal, Arbitration, Set aside an arbitral award, South Korea

, (Bae, Kim & Lee LLC)/ /Leave a comment
Bae, Kim & Lee LLC

A recent decision of the Seoul Central District Court provided guidance as to when a party should be considered to have waived its right to object to instances of non-compliance in arbitration proceedings. This post provides a summary of the Court’s judgment case and considers the possible ramifications of the Court’s reasoning for parties involved…

Appointment of arbitrators, Arbitral Tribunal, Arbitration

, (Allen & Overy)/ /2 Comments
YSIAC

In April 2010, Professor Jan Paulsson delivered his inaugural lecture as holder of the Michael R. Klein Distinguished Scholar Chair at the University of Miami School of Law where he expressed the view that the practice of unilateral appointments (or nominations) of arbitrators is a moral hazard which should be removed. This lecture sparked debate…

Arbitral Tribunal, Arbitrator Challenges, Arbitrators, Code of Ethics, IBA Guidelines on Conflicts of Interest, Portugal

(BCH Advogados)/ /1 Comment

In many ways, Portugal is a remarkable arbitration-friendly jurisdiction. Not only a new UNICTRAL Model based law has been enacted a few years back now, but also its courts have proved to be very supportive of arbitration. The deference that they have been showing to the validity of the arbitration clause inserted in derivatives master…

Arbitral Award, Arbitral Tribunal, Deliberations, Set aside an arbitral award, Spain

(Bryan Cave Leighton Paisner LLP) and (Mannheimer Swartling)/ /2 Comments
Bryan Cave Leighton Paisner LLP

The obligation for an arbitral tribunal to deliberate before rendering an award is at the heart of the arbitral process. In fact, parties typically agree to submit their disputes to a panel of three arbitrators for the purpose of ensuring objectivity, well thought decisions and equal treatment. Deliberation is so fundamental to the arbitral procedure…

Arbitral Tribunal, English Arbitration Act, LCIA Arbitration, Tribunal Secretary, Uncategorized

(Clyde & Co.)/ /Leave a comment
Clyde & Co.

The recent decision in P v Q [2017] EWHC 148 (Comm) provided, for the first time, guidance on how a Court will approach an application for disclosure in support of an application to remove Arbitral Tribunal members under s.24 Arbitration Act 1996. Background The Claimant had brought an application to remove two wing members (the…

Arbitral Tribunal, Arbitration, Commercial Arbitration, Confidentiality

(National Academy of Legal Studies and Research (NALSAR University of Law, Hyderabad))/ /3 Comments

The terms ‘Privacy’ and ‘Confidentiality’ had been used in arbitration interchangeably until the latter half of 20th century. While ‘Privacy’ means that no third party can attend arbitral conferences and hearings, ‘Confidentiality’ refers to non-disclosure of specific information in public. Private hearings do not necessarily attach confidentiality obligations to the parties to arbitration. The general…