Arbitral Tribunal

Arbitral Tribunal, Counsel, Guerrilla Tactics, IBA Guidelines on Party Representation, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives

(Loyola University Chicago School of Law)/ /5 Comments
Institute for Transnational Arbitration (ITA)

There have been increasing calls over the past few years for an international code of conduct for counsel in international commercial arbitration, and for arbitrators to have more power to control counsel conduct. The growing concern is related to significant changes that have taken place in international arbitration practice. Arbitration is no longer controlled by…

Arbitral Tribunal, ECJ, Portugal, Preliminary Ruling

(PLMJ - Sociedade de Advogados, RL)/ /Leave a comment

By José Miguel Júdice and Luís Castilho, PLMJ – Sociedade de Advogados Three years after the entry into force of the Portuguese Tax Arbitration Regime, the European Court of Justice (“the Court”) has, in the Ascendi Case (Case 377/13), finally issued a groundbreaking decision regarding the long standing question of whether the Tax Arbitral Court…

Arbitral Tribunal, Arbitration, Russia, Sanctions, UN and Int’l Organizations

(AZHA Avocats)/ /Leave a comment

By Resolution of 27 March 2014, the United Nations (UN) General Assembly condemned the violation of Ukraine’s territorial integrity (A/RES/68/262). The Security Council remained, however, powerless to impose against Russia economic sanctions which all UN member States would have had to implement. In the absence of such “multilateral” sanctions, the European Union (EU) and the…

Arbitral Tribunal, Arbitration, Arbitration Act, Arbitration Proceedings, Arbitrator Challenges, Arbitrators

(BCH Advogados)/ /3 Comments

In his President’s Message (ASA Bulletin, Vol. 32, no. 2, 2014), Elliott Geisinger proposes a real challenge to the arbitration community. In a simple but rather persuasive rhetorical style, Geisinger places in confrontation Me. Paul Philibert Confus, Avocat à la Cour and Sir Reginald Muddle, QC, giving life to a debate that seems to be…

Annulment, Arbitral Tribunal, Hearings, LCIA Arbitration, Witness

(Bryan Cave Leighton Paisner LLP)/ /Leave a comment
Bryan Cave Leighton Paisner LLP

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…

Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration clause, Energy, Gas Supply Agreements, Price revision

(Bratschi Wiederkehr & Buob)/ /Leave a comment
ArbitralWomen

Sandra De Vito Bieri with Anton Vucurovic 1)Sandra De Vito Bieri, attorney at law, LL.M., is a Partner and Co-Head of the Arbitration Practice Group of Bratschi Wiederkehr & Buob in Zurich and Member of the Arbitration Court of the Swiss Chambers’ Arbitration Institution; Anton Vucurovic, attorney at law, LL.M., is a Partner and Head…

Appointment of arbitrators, Arbitral Tribunal, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Corporate Counsel's view, Counsel, Uncategorized

(MDisputes)/ /Leave a comment

Critical negotiation moments punctuate the entire timeline of an international arbitration, from before it starts to even after it is over. And when these moments arise, a practitioner’s ability to negotiate effectively can sometimes be as important as their mastery of the subject matter. After all, what use is technical skill if you cannot deploy…

Arbitral Tribunal, Costs, Costs in arbitral proceedings, IBA Guidelines on Party Representation, Sanctions

(González-Bueno & Asociados)/ /Leave a comment

The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s institution or the ArbitralWomen. Guidelines 26 and 27 of the IBA Guidelines on Party Representation in International Arbitration have again raised the debate on the extent that Arbitral Tribunals are entitled to deal…

Arbitral Tribunal, Arbitration, Arbitrators, ICCA Miami 2014

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

On Monday, 7 April, at the 2014 ICCA Miami Conference, the international-arbitration community gathered to address the question, “Who are the arbitrators?” The answer, panel attendees were told, was “male, pale, and stale” – that is, a large majority of the individuals chosen to serve as international arbitrators are male, from North America or Western…

Arbitrability, Arbitral Tribunal, Arbitration Agreements, Enforcement of an arbitration clause, Fraud, India

(ICC International Court of Arbitration)/ /1 Comment

and Niyati Gandhi, National Law School of India University in Bangalore The issues arising out of allegations of fraud in international commercial arbitration can be listed by way of two closely connected questions: 1) Do arbitral tribunals have the substantive jurisdiction to make determinations upon allegations of fraud? 2) If the contract containing an arbitration…

Arbitral Tribunal, Jurisdiction, Set aside an arbitral award

(Linklaters)/ /Leave a comment
Linklaters

By Roland Ziadé and Claudia Cavicchioli, Linklaters LLP On 17 December 2013, the Paris Court of Appeal added a new chapter to the Jnah vs. Marriott saga, when it ruled on an action to set aside an arbitral award issued on 3 February 2012 by which an arbitral tribunal denied jurisdiction over claims brought on…

Arbitrability, Arbitral seat, Arbitral Tribunal, Arbitration Agreements, Arbitration Awards, Argentina, BIT, Investment Arbitration, Investor, SCOTUS, Transparency in investment arbitrations, Treaty, U.S. Supreme Court, UNCITRAL Arbitration Rules, vacatur

(DLA Piper) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

It has been over two years since the DC Circuit Court of Appeals (“Circuit Court”) vacated an award in a bilateral investment treaty arbitration (BG Group PLC v. Republic of Argentina (UNCITRAL)) concluding that the panel did not have authority to adjudicate the dispute because the claimant had not satisfied a pre-arbitration requirement, namely, litigating…

Arbitral Tribunal, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Sanctions

(McGowan ADR)/ /Leave a comment

I. Power To Sanction Courts generally enjoy power to enforce procedural rules and orders by various means, such as fines, adverse inferences, cost/fee awards, preclusion of evidence, and even default judgment. Surprisingly, when arbitrators employ such measures, they enter a legal frontier of unsettled law. Why? An arbitrator’s procedural power derives from private contract, not…

Applicable Law, Arbitral Tribunal, Arbitration Awards, Enforcement, Qatar, Set aside an arbitral award

(Qatar International Center for Conciliation and Arbitration)/ /Leave a comment

A controversial decision by Qatar’s Court of Cassation has ruled on the necessity for arbitral awards to be rendered in the name of His Highness The Emir of Qatar. The said ruling issued on 12 June 2012 (Petition No. 64/2012) set aside an arbitral award rendered under the auspices of the Qatar International Center for…

Arbitral Tribunal, Arbitration, Arbitration Proceedings, Costs in arbitral proceedings, ICSID Convention, Investment Arbitration

(International Moot Court Competition Association (IMCCA))/ /Leave a comment

and Oleg Temnikov Foreword The tribunal in Mesa Power Group, LLC v. Canada (PCA Case No. 2012-17, Procedural Order No. 2, 18 January 2013) recently stated with regard to bifurcation of proceedings that: “[I]t is good… to let the parties ‘know where they stand’… at an early stage and not to impose the burden of…

Arbitral Tribunal, Arbitration, Arbitration Proceedings, Arbitrators

(Budin & Associés Avocats)/ /1 Comment

Introduction Unable to make this year’s ASA Conference I accepted the invitation to submit a brief paper which I entitled: “Six Modest Proposals Before You Get to the Award”. A principal theme was Tribunal logistics and attention. I was happy to receive some positive feedback and have given this theme more thought. Arguably I have…

Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Proceedings, Brazil, kompetenz-kompetenz

(Mattos Muriel Kestener Lawyers)/ /Leave a comment

The facts On January 9, 2008, in the middle of the Amazon Rainforest, the dam of a hydroelectric power plant ruptured liberating 3.1 billion liters of water and precipitating an environmental mishap. Brazilian authorities hastily cornered the electricity generation company. The electricity generation company hastily pointed the finger at the builder of the hydroelectric power…

Arbitral Tribunal, Arbitration Awards, Arbitration Institutions and Rules, Costs in arbitral proceedings, International arbitration, Investment Arbitration, Singapore International Arbitration Centre, Witness

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

The Singapore International Arbitration Centre (“SIAC”) has issued new rules that came into force on April 1, 2013. The rules changes are accompanied by new Practice Notes for cases administered by SIAC under its rules and the UNCITRAL rules that also came into force on the same date. While the changes do not reflect a…

Applicable Law, Arbitral Tribunal, Arbitration, Arbitration Awards, Investment agreements, Investment Arbitration, Uncategorized

(University of Victoria Faculty of Law)/ /Leave a comment

At a conference a few years back, a well-known and respected arbitrator was speaking on the topic of predictability and consistency of arbitral decision making in investment treaty arbitration.  The arbitrator asked whether arbitrators should fly solo or in flocks.  He made a strong and persuasive case for the independence of the arbitrator, to fly…

Appointment of arbitrators, Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Consumer contracts, Costs in arbitral proceedings, Discovery, Dispute Resolution, Dispute resolution clause, Efficiency, International arbitration, Mediation, Pre-arbitration Dispute Settlement Procedures, Uncategorized

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

A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively. The 2011 survey of corporate counsel developed by researchers at Cornell University’s Scheinman Institute on Conflict…

Arbitral Tribunal, Arbitration Awards, Arbitrator Challenges, Arbitrators

(Schellenberg Wittmer)/ /3 Comments
Schellenberg Wittmer

Co-authored by Christopher Boog and Benjamin Moss, Schellenberg Wittmer An arbitral tribunal’s duty to render an enforceable award is frequently used by commentators and counsel alike in support of positions on myriad matters ranging from procedural fairness and jurisdiction to the application of mandatory foreign law. Its considerable malleability has indeed made it very attractive…

Arbitral Tribunal, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrator Challenges, Arbitrators, arbitrators’ conduct, Confidentiality, Conflicts of interest, Costs, Costs in arbitral proceedings, Damages, Disclosure, Dispute Resolution, Enforcement, Investment

(University of Portsmouth)/ /1 Comment
Institute for Transnational Arbitration (ITA)

As its Council Member I attended the ICC Institute of World Business Law’s 32nd annual meeting on ‘Third-Party Funding in International Arbitration’ held in Paris on 26 November 2012. It was a grand success as it drew many professionals, arbitrators, experts, academic specialists and, above all, representatives from some major third-party funding bodies such as…

Arbitral Tribunal, Discovery, International arbitration, Section 1782 Discovery, U.S. Supreme Court

(King & Spalding)/ /Leave a comment

Last week, the U.S. Court of Appeals for the Eleventh Circuit, which sits in Atlanta, waded into the debate concerning whether 28 U.S.C. § 1782 — which provides U.S. district courts with the power to order parties to give testimony or produce documents “for use in a proceeding in a foreign or international tribunal” —…

Arbitral Tribunal, Arbitration, Switzerland

(WilmerHale & Queen Mary University of London)/ /Leave a comment

Switzerland may be one of the world’s most important arbitral seats, even so one would scarcely expect arbitration to hold much interest for the tubercular residents of Davos in Mann’s novel Der Zauberberg or The Magic Mountain. Yet aficionados of arbitration who persevere to the sixth chapter of his lengthy book are treated to a…