Arbitration institution

Africa, Arbitration, Arbitration Agreement, Arbitration clause, Arbitration institution, Dubai, UAE, UAE Federal Arbitration Law, UNCITRAL Model Law, United Arab Emirates

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Since the inaugural programme in 2014, arbitration practitioners from the MENA region and beyond have come together to share and discuss recent developments in the field of international arbitration during the Dubai Arbitration Week, an annual event that takes place in November. Dubai Arbitration Week 2018 was no exception. It was full of seminars, conferences,…

Arbitration Agreement, Arbitration institution, Courts, SIAC, Singapore

(Schellenberg Wittmer )/ /Leave a comment
YSIAC

Introduction On 10 October 2018, the Singapore Court of Appeal (“Court of Appeal”) issued its decision on the case of Marty Ltd v Hualon Corporation (Malaysia) Sdn Bhd [2018] SGCA 63 (“Marty v Hualon“) which concerned a dispute over the repudiation of an arbitration agreement. While the case contained a number of interesting issues, this…

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…

Arbitration institution, Arbitration Institutions and Rules, Arbitrators, Confidentiality, India

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YIAG

The proposed amendments (“Bill”) to the Indian arbitration law may soon get the force of law. The Bill is based on the report (“Report”) of a High Level Committee and suggests several changes which may have far-reaching negative effect.   In my earlier post, it was argued that the Report and the Bill have some…

Arbitration institution, Arbitrator Challenges, Conflicts of interest

(ILS Law College)/ /2 Comments

Arbitrator neutrality remains an imperative prerequisite in international commercial arbitration. After all, the primary advantage of arbitration is that parties have the ability to choose their own decision-makers.  The issue of advance waivers typically arises at the time of appointment, when the arbitrator reserves the right to continue as an arbitrator despite the occurrence of…

Africa, Arbitral Award, Arbitral seat, Arbitration institution, Arbitration Institutions and Rules, Ethiopia, Uncategorized

(Equanimity Arbitration)/ /1 Comment

Five years after filing the Permanent Court of Arbitration (PCA) Case No. 2013-32 under the European Development Fund Arbitration Rules (EDF Rules), the claimant, Consta JV (an Italian contractor), would have hoped for a successful award against the CDE (a joint enterprise between the Ethiopian and Djibouti government) that would be upheld by the local…

Arbitration Industry, Arbitration institution, Arbitrators, empirical data, transparency

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London) and (Queen Mary University of London)/ /1 Comment

On 9 May 2018, the School of International Arbitration at Queen Mary University of London, in partnership with White & Case LLP, launched the 2018 Queen Mary/White & Case International Arbitration Survey: The Evolution of International Arbitration. As its title suggests, the survey sought to assess user perceptions of the evolution of key issues in…

Arbitration institution, India

, (Shardul Amarchand Mangaldas & Co.)/ /Leave a comment

On 5 January 2018, the Central Government introduced New Delhi International Arbitration Centre Bill, 2018 (the “Bill”) in the lower house of Indian Parliament (Lok Sabha). This was with the objective of making India an investor-friendly nation. There are few arbitral institutions operating in India – Indian Council of Arbitration (“ICA”), International Centre for Alternative…

Arbitration institution, Japan, JCAA

(University of Sydney & Williams Trade Law) and (Waseda University)/ /Leave a comment

“Japan is Back”?   Prime Minister Shinzo Abe himself is certainly back – having led the Liberal Democratic Party (LDP) to a fifth consecutive election in October 2017. If Abe remains in power for another three years, he will become the longest serving Japanese prime minister since World War II. Although the electorate probably responded…

Arbitration, Arbitration institution, Arbitration Institutions and Rules

(General Electric Company) and (MDisputes)/ /2 Comments

TO: Secretary General, Arbitration Institution FROM: In-house counsel involved in a major contract negotiation Madam/Sir, We are both in-house litigation counsel for a large international company, and your institution was recently proposed for the disputes clause in an important contract. Since neither of us had any previous experience with your institution, we searched your website…

Arbitration, Arbitration institution, Arbitration Institutions and Rules, Asia, Asia-Pacific, Australia, Dispute Resolution

(Corrs Chambers Westgarth)/ /1 Comment
Young ICCA

Overview In 2015, the Chief Justice of the Supreme Court of Victoria highlighted the importance of positioning Australia as one of the next significant regional commercial hubs. Her Honour reiterated this position in a 2017 speech. Interestingly, similar, yet more subtle, comments were featured in a speech in 2009. Other Australian courts have made similar…

Arbitration, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Corporate disputes, Pocket arbitrations, Russia

(Arbitration Center at the Institute of Modern Arbitration)/ /Leave a comment

One of the most significant changes that the new Russian Arbitration Law introduced, which has been in force for past eight months, relates to the requirement of Governmental authorization for establishing an arbitral institution (more discussion on this can be found in some of previous KAB posts available here, here, here). In particular, the Russian…

Arbitration institution, Arbitration Institutions and Rules, Arbitration Pledge, Costs in arbitral proceedings, Diversity, Surveys

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White & Case

White & Case’s recent research should provide some comfort to the arbitral community by showing that arbitral institutions are becoming increasingly flexible and responsive to users’ needs. Flexibility was in fact a characteristic which the 2015 survey conducted by White & Case with Queen Mary University of London established as being one of the most…

Arbitration Agreement, Arbitration clause, Arbitration institution, Arbitration Institutions and Rules, English courts, Singapore

(Norton Rose Fulbright)/ /1 Comment
YSIAC

In TMT Co Ltd v The Royal Bank of Scotland plc [2017] SGHC 21, the Singapore High Court took the view that an arbitration clause did not meet the prima facie standard to warrant a stay of court proceedings because it designated an inapplicable arbitral institution. Commentators have suggested that the decision is “surprising” and…

Arbitration institution, Arbitration Institutions and Rules, Australia, HKIAC, HKIAC Rules, ICC, ICC Rules, Secretary of the Arbitral Tribunal

(Australian National University)/ /Leave a comment

On 1 January 2017, the Australian Centre for International Commercial Arbitration (‘ACICA’) released a new Guideline on the Use of Tribunal Secretaries. This new Guideline addresses a silence in the existing ACICA Arbitration Rules as to the scope for tribunals to appoint arbitral secretaries, and the basis upon which they might be appointed. This post…

Arbitration Act, Arbitration institution, Arbitrators, Bulgaria, Consumer disputes, Set aside an arbitral award

(Colibra Insurance)/ /Leave a comment

Background Bulgarian arbitration law has been an area of rare developments. It is incorporated in the International Commercial Arbitration Act (“ICAA”), adopted in 1988 as almost a direct translation of the UNCITRAL Model Law on International Commercial Arbitration in its 1985 version. The only major reform of ICAA was its extension to arbitrations between entirely…

Arbitration institution, Arbitration Institutions and Rules, Consolidation, Expedited arbitration, Joinder, Peru

(Universidad Nacional Mayor de San Marcos, Faculty of Law)/ /Leave a comment

In January 2017 the new Lima Chamber of Commerce Arbitration Rules (the “new LCC Rules”) will come into force. These rules seek to provide a better regulatory framework and improve the efficiency of arbitration by taking into consideration the world´s leading international arbitration institutions’ rules. Numerous key changes have been made to ensure the quality…

Arbitration, Arbitration institution, Liability

(The Hague University)/ /3 Comments

Liability in international arbitration is a recurrent yet unsettled issue. Occasionally, we hear of a fearless party that dares to sue an arbitrator and/or an arbitral institution based on allegations of a conflict of interest, procedural irregularity, error of law, or a failure to oversee the good conduct of the arbitration proceedings. The discussions prompted…

Arbitration institution, Iran

(AGA Partners Law Firm)/ /Leave a comment

Iran. The country with enormous trade potential and a juicy market for many foreign companies around the globe. Following partial lifting of sanctions in Iran, it is expected that more and more businesses from different industries will enter the Iranian market. Needless to say, along with the development of international trade in Iran more disputes…

Arbitration, Arbitration institution, Corporate disputes, International arbitration, Russia

, (Hogan Lovells)/ /1 Comment

1 September 2016 marks the key date in the long-awaited Russian arbitration law reform, publicly announced by the President of the Russian Federation already in 2013. Since then, the Russian arbitration law reform has been in the public eye attracting significant publicity (previous blog posts on this can be read: here, here, here, and here)….

Admissibility, Arbitral Award, Arbitral Tribunal, Arbitration, Arbitration Awards, Arbitration institution, Arbitration Institutions and Rules, ASEAN, Asia-Pacific, China, International arbitration, International Law, International tribunals, Jurisdiction, Jurisdiction of the arbitral tribunal, Law of the Sea, Permanent Court of Arbitration, Philippines, PRC, South China Sea, State-to-state arbitration, Treaty, Treaty Interpretation, UNCLOS

(Rajah & Tann Singapore LLP )/ /Leave a comment
YSIAC

Introduction On 12 July 2016, a five-member arbitral tribunal (the Tribunal) constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) issued its long-awaited award on the merits in an arbitration brought by the Philippines against China. The tribunal’s jurisdiction is derived from UNCLOS; all State parties to UNCLOS…

Arbitration, Arbitration institution, Dispute Resolution, ISDS

(University of Cologne, Center for Transnational Law (CENTRAL)) and (WilmerHale)/ /Leave a comment

When questioned what the users of arbitration expect from the process and what its main pitfalls are, the answer is usually unequivocal: the need for time and cost-efficient proceedings leading to a well-considered decision is not consistently met. The reason for this complaint is obvious: the ‘Golden Age’ of arbitration has made way for a…

Arbitration institution, Arbitration Institutions and Rules, Ethics

(Vanderbilt Law School)/ /1 Comment
Institute for Transnational Arbitration (ITA)

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…