Arbitration

Arbitration, Cost allocation mechanisms, Costs, Costs in arbitral proceedings, Investment Arbitration, Security for Costs

, (Moravčević Vojnović and Partners in cooperation with Schoenherr)/ /1 Comment
Schoenherr

When allocating costs, investment arbitration tribunals apply two principles: a “pay your own way” principle which provides that each party pays its own legal costs and they effectively share the costs of the proceedings, and secondly a “costs follow the event” or “loser pays” principle which provides that the losing party bears the costs of…

Arbitration, Arbitrators

(OMNIA STRATEGY LLP, London)/ /5 Comments

Co-authored with Lucy Greenwood (Norton Rose Fulbright) and Michael McIlwrath (General Electric Company) Earlier this year, we published an article “Puppies or Kittens – How To Better Match Arbitrators to Party Expectations”, which we summarized here on Kluwer, calling for better-informed choices in appointing arbitrators. We highlighted that the lack of available information during the…

Arbitration, India, MCIA

(The National University of Advanced Legal Studies )/ /6 Comments

The beckoning call for an Institutional Arbitration Centre for the Country with one of the highest number of commercial disputes has finally been answered with the formation of the new Mumbai Centre for Institutional Arbitration (“MCIA”). This move, a furtherance of the Governments recent initiative to boost investment is a natural advancement after the recent…

Annulment, Arbitration, Disclosure, ICC Arbitration, ICC Rules, Independence and Impartiality, Res Judicata

(Reed Smith)/ /Leave a comment
Linklaters

On 12 April 2016, the Paris Court of Appeal rejected the request for annulment brought by the Greek Company S.A.J. & P. Avax (“Avax”) against an ICC partial award on the ground that the chairman of the tribunal lacked independence. This is the fifth decision rendered in this case by French courts and in all…

Arbitration, Arbitration Agreements, Enforcement, International arbitration, New York Convention

, , (Shook, Hardy & Bacon LLP) and (Albright StoneBridge Group)/ /Leave a comment

The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“The New York Convention”) is the engine that makes international arbitration an effective mechanism to resolve disputes. The national courts of each signatory state give meaning to the New York Convention’s terms by rendering decisions interpreting the text of the document….

Anti-suit injunction, Arbitration, Brexit, London, UK

, (Herbert Smith Freehills LLP) and (Herbert Smith Freehills)/ /2 Comments
Herbert Smith Freehills

London has long been a city associated with international arbitration. In 2015, even with the UK referendum on EU membership looming, according to analysis by theCity UK, London was the seat or centre of 4,738 international commercial arbitrations, mediations and adjudications in 2015. These were conducted under the auspices of numerous institutions, with the long-established…

Arbitration, ECJ, Intellectual Property, Intellectual Property Rights

(JAMS International)/ /Leave a comment

As discussed in an earlier post, the Court of Justice of the European Union confirmed that its function is not to review findings of an Arbitrator or his interpretation of a Patent License Agreement: Genentech, Inc. v Hoechst GmbH/ Sanofi Aventis GmbH, Case C-567/14 (Judgment of the Court: 7 July,2016). 1. The Facts The terms…

Arbitration, Arbitration Awards, Arbitration Proceedings, Competition Law, European Law, European Union, France, Set aside an arbitral award, Set aside an international arbitral award

(EDGE Legal, Brussels) and (EDGE Legal - Brussels)/ /Leave a comment

On the 7th of July 2016 the Court of Justice of the European Union (“Court” or “CJEU”) published the judgment in the Genentech case (Case C 567/14), awaited with great interest both by IP and competition practitioners, on one side, and by arbitration practitioners, on the other. IP and competition law practitioners’ interest lies in the…

Arbitral seat, Arbitration, Arbitration Act, Singapore, Third party funding

(Clifford Chance Asia (in formal law alliance in Singapore between Clifford Chance Pte Ltd and Cavenagh Law LLP))/ /Leave a comment

In recent years, international arbitration has emerged as a high-growth area for the litigation funding industry. All the major funders now have international arbitration cases in their portfolios, and many are aggressively seeking more – especially investment treaty cases. But the participation of funders in international arbitration raises a number of issues, some national and…

Arbitration, Austria, New York Convention, Recognition and enforcement of arbitral award

(Schoenherr) and / /Leave a comment
Schoenherr

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“NYC“) was drafted in the spirit and with the purpose of encouraging arbitration as a dispute resolution mechanism, by providing for the simple and swift international enforcement of arbitral awards. Today, the NYC’s reach is – with the exception of a few…

Annulment, Arbitration, Greece, Public Policy

(Stylopoulos & Associates)/ /1 Comment

Two recent decisions (nos. 14/2015 and 176/2015) delivered by the Greek Supreme Court analyze the issue of annulling arbitral decisions on public policy grounds. Since arbitration is particularly valuable for the contractual freedom, the general tendency is to restrict the powers of civil courts when they (re)consider and overturn an arbitral award, so that private…

Arbitral seat, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Brexit, Brussels Regulation, UK

(MDisputes)/ /4 Comments

The cover of The Hitchhikers Guide to the Galaxy famously features a “Don’t Panic” button. In the weeks leading up to the Brexit vote, some English law firms posted reassuring articles on the possible effects a vote to leave would have for dispute resolution in London. “Don’t panic” seemed to be a common theme. Yet…

Arbitration, Dispute, Dispute Resolution Boards, Latin America, Mediation

(Dispute Resolution Board Foundation)/ /Leave a comment

In May 2016, DRBF gathered in Santiago, Chile, for its annual international conference. The location is testimony to the rising demand and dispute boards practice in the region. Having served for some years in the management of our organization, it is observable that the purpose of the concept proves to be successfully established. Indeed, the…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Investment Arbitration, Multiple parties, SCC Rules, Security for Costs

(Climate Change Counsel)/ /Leave a comment

As part of its centenary celebrations in January 2017, the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) will be launching updated rules. Drafts of the revised SCC Arbitration Rules and Rules for Expedited Arbitrations are now available on the SCC website. A public hearing was held in Stockholm on June 9 to discuss the…

Appointment of arbitrators, Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Clause Incorporated by Reference, Sport arbitration

, (Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

Claudia Pechstein, 44, is a well-known speed skater – she has won 60 medals at international championships and at the Olympics since 1992. However, the media coverage on her seven year juridical battle against a two year suspension imposed on her for a disputed doping rules violation has put her into the spotlight even more…

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, Bosnia and Herzegovina, Domestic Courts, Review on the merits, Set aside an arbitral award

(University of Aberdeen)/ /1 Comment

As previously discussed, the U.S. Department of Commerce, the Bosnian Chamber of Commerce and Industry and the Association ARBITRI organized in April 2016 two arbitration events in Sarajevo, Bosnia and Herzegovina [“BiH”], with the aim to promote awareness of modern international practice and developments of law, and to encourage the reform of national laws, regulations…

Arbitration, CJEU, Intellectual Property

(JAMS International)/ /Leave a comment

On a reference from the Cour d’Appel de Paris, A.G. Wathelet upholds the primacy of an arbitral award as compatible with Art.101 TFEU in Genentech, Inc. v Hoechst GmbH / Sanofi-Aventis GmbH, Case C-567/14 (Opinion of Advocate General Wathelet: 17 March 2016). 1. The Facts 1.1 The Patent License In 1992 a predecessor of Hoechst/Sanofi-Aventis…

Arbitral Tribunal, Arbitration, Arbitration Act, Electricity, India

(Trilegal)/ /1 Comment

According to the 2015 report of the BP Statistical Review of World Energy, India accounts for 5.1% of the world electricity generation and is the third largest generator of electricity in the world. A McKinsey report estimates the need to increase the generation capacity to about 440 GW by 2017 with an expected investment of…

Arbitration, Arbitration Institutions and Rules, Energy, Financial Agreements, International arbitration

(K&L Gates, Poland)/ /2 Comments

The development of international arbitration in recent years has led to a significant multiplication of arbitration institutions around the world. In fact, every major city related to trade or industry has at least one dispute resolution centre. In addition to having long-standing, very reputable institutions for resolving commercial disputes, i.e. the ICC in Paris or…

Arbitration, IBA Guidelines on Conflicts of Interest, SIAC, Third party funding

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

More or less since 2010, the topic of third party funding (“TPF”) in connection with international arbitration has been everywhere (heard of, seen in practice, written about, presented at conferences, and so on). In a series of recent developments however, TPF has been, for the first time, made subject to mandatory provisions contained in the…

Arbitral Tribunal, Arbitration, Counsel

and (White & Case LLP)/ /1 Comment
Institute for Transnational Arbitration (ITA)

Historically, there has been no binding uniform code of ethics governing the conduct of counsel appearing before international arbitral tribunals or dictating how issues of counsel conduct are to be resolved in international arbitration. Recently, however, efforts have been made to fill this void by international organizations and arbitral institutions. For example, in 2013, the…