Arbitration

Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, International arbitration

(Editor in Chief, ASA Bulletin; LALIVE)/ /1 Comment

On 1 June 2012, the new revised version of the Swiss Rules of International Arbitration (“Swiss Rules”) will come into force.  According to Article 1.3, the new Rules will apply to all Swiss Rules proceedings in which the Request for Arbitration is submitted after 1 June 2012, unless the Parties agree otherwise. The Swiss Rules…

Arbitration, Investment Arbitration, Latin America

(Von Wobeser y Sierra, S.C.)/ /4 Comments

For almost 20 years, Mexico has been at the forefront of Latin-American arbitration practice. It has been widely recognized both in terms of the quality and sophistication of its practitioners, its modern legal framework (since 1993 based on the UNCITRAL Model Law on International Commercial Arbitration) and for its arbitration friendly judiciary. According to statistics…

Arbitration, Disclosure, Third party funding

(Conway & Partners)/ /Leave a comment

A central concern the in the third party funding arena is: Whether or not parties who are funded by a third party funder should be obligated to disclose this funding relationship. Looking at a recent conference in which many key funders participated on sharing their perspectives, it appears that many funders preferred to keep their…

Actual expenditure, Arbitration, Damages, Damages experts, Fair market value, Historic costs

(FTI Forensic and Litigation Consulting)/ /1 Comment

This is the third and final article in a three-part series summarising the main valuation methodologies used for the purposes of determining economic loss. In parts one and two, I provided an overview of the market-approach and income-based methodologies. I now conclude by reviewing the asset-based approach. To what extent, if any, is the sum…

Arbitration, Arbitration Act, Legislation

(Linklaters)/ /Leave a comment

The Dutch Ministry of Security and Justice has launched a consultation on the revision of the Dutch 1986 arbitration law. See here. For an informal English translation of a comparison with the current Dutch arbitration law, see here. The consultation will be open until 1 June 2012. It is anticipated that the legislative proposal will…

Arbitration, Arbitration Institutions and Rules, BIT, Class arbitration, International arbitration, Investment agreements, Investment Arbitration, Investment protection

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

International arbitration has long played an important role in resolving disputes that arise out of political and economic crises.   “Arbitration in Times of Crisis” is the theme of the 9th Annual ITA-ASIL Conference on 28 March 2012 in Washington, D.C. (see program).   The conference will focus on lessons from the past use of arbitral mechanisms…

Appointment of arbitrators, Arbitration

(Stockholm Arbitration & Litigation Center (SALC))/ /3 Comments

Recent events in Romania have added a new twist to the debate on party-appointed arbitrators after an arbitration institute centralized the power to appoint arbitrators in one person and decided to remunerate the individual. By now, arbitration practitioners should be well aware of the arguments for and against party-appointed arbitrators. There is little to add…

Anti-arbitration, Arbitration, Commercial Arbitration, Corporate Counsel's view, Dispute Resolution

(MDisputes)/ /6 Comments

This is the time of year when law students and young lawyers begin to apply for their summer internships or jobs in international dispute resolution. Many – probably most – will carefully draft their curriculum vitae to show their serious commitment to relevant academic studies, experience in international disputes or with law firms, and participation…

Arbitration, Competition Law, Enforcement of an arbitration clause, Jurisdiction, Public Policy

(Baker & McKenzie)/ /1 Comment
YIAG

A commentary on the OECD Competition Commission conclusions on using arbitration to effectively resolve competition law disputes By Francesca Richmond and Sarah West There has been increasing use of arbitration to resolve disputes involving competition law issues in recent years. However, it is surprising that the number is not even greater given that arbitral processes…

Annulment, Anti-arbitration, Appeal, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, BIT, Foreign Investment Law, ICSID Convention, International arbitration, Investment Arbitration, Jurisdiction of the arbitral tribunal, kompetenz-kompetenz, New York Convention, Pre-arbitration Dispute Settlement Procedures, Principle of finality, Set aside an international arbitral award

(Independent Arbitrator)/ /Leave a comment

It has become fashionable in recent years, each time an ICSID annulment decision is released that takes issue with the procedures or reasoning of an ICSID tribunal, for commentators to bemoan the lack of certainty, predictability and finality that this reflects in the ICSID system for adjudicating investment treaty disputes between investors and host States….

Arbitration, Arbitration Act, Arbitration Awards, Commercial Arbitration, Domestic Courts, Eastern Europe, Enforcement, English Law, European Law, New York Convention, Pro arbitration

(White & Case LLP)/ /Leave a comment
White & Case

Following the path of the hotly debated West Tankers decision, in African Fertilizers v BD Shipsnavo, the English Commercial Court held that a declaratory award is enforceable, allowing judgment to be entered on the same terms as the arbitral award. Such an order enables a party to obtain the material benefit of the award and…

Arbitration, Damages, Damages experts, Dispute Resolution, Fair market value

(FTI Forensic and Litigation Consulting)/ /2 Comments

This is the second article in a three-part series summarising the main valuation methodologies used for the purposes of determining economic loss. In part one, I provided an overview of the market-approach methodology. I now turn to the income-based approach, focusing on the discounted cash flow (DCF) methodology. In my previous article, I noted that…

Arbitral seat, Arbitration, Arbitration clause, India, Law governing the arbitration, Provisional measures, Supreme Court

(Norton Rose Fulbright LLP)/ /Leave a comment
YIAG

Yograj Infrastructure Ltd. Vs. Ssang Yong Engineering and Construction Co. Ltd. (on 1 September 2011) As reported in this blog, in May 2011 the Supreme Court of India (SCI) moderated the controversial principle it established in 2002 that allowed the Indian courts to intervene in arbitrations held outside of India unless that possibility was expressly…

Arbitration, Arbitration Awards, Damages, Damages experts, Fair market value, International arbitration

(FTI Forensic and Litigation Consulting)/ /3 Comments

A key part of an expert witness’s role involves explaining, in as clear terms as possible, complex accounting, economic and valuation concepts, to arbitration lawyers who may be less familiar with or even daunted by the world of finance. My suspicion is that expert witnesses could do much more to assist the arbitration community in…

Anti-arbitration, Arbitration, Commercial Arbitration, Dispute resolution clause

(MDisputes)/ /Leave a comment

Even when I think I know what I’m doing (be it self-confidence or self-deception), I still find checklists can be useful. Sometimes they can help validate or compare processes with others, but mostly they are good at making sure I haven’t forgotten some critical step. Below is a checklist for when someone – a business…

Arbitration, Canada, Enforcement, ICSID Convention, International arbitration, Investment Arbitration, Jurisdiction, Jurisdiction of the arbitral tribunal, NAFTA

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

As we approach the first anniversary of the UK Supreme Court’s landmark decision in the case of Dallah Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan, it is only fitting that we would encounter a case which would cause us to revisit the issue of the proper standard of…

Appointment of arbitrators, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, Dispute Resolution, Dispute resolution clause, English Law, ICC Arbitration, International arbitration, Ismaili community, Nationality requirement in arbitration clauses, Pro arbitration, Supreme Court

(Allen & Overy LLP)/ /Leave a comment

In this post, we will first deal briefly with the facts in the case of Jivraj v Hashwani and the findings of the first instance judge and the Court of Appeal, which by now would be very familiar to anyone reading this blog. We will then look at the Supreme Court’s judgment ([2011] UKSC 40),…

Arbitration, Federal Arbitration Act (FAA), North America, Supreme Court, United States

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

In February 2011, the United States Supreme Court granted certiorari in Stok & Associates, P.A., v. Citibank, N.A, (No. 10-514). The question presented was whether, under the Federal Arbitration Act (“FAA”), a party should be “required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order…

Arbitral seat, Arbitration, Arbitration Awards, Arbitration clause, Crown Immunity, Dispute resolution clause, Sovereign Immunity

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

Almost every country of the world has seen an enormous increase in the involvement of the State in economic activity over the past century. This trend is particularly pronounced in those economies, China foremost among them, in which the State takes an active role in commercial life. But can State owned entities and other private…

Arbitration, International arbitration

(Norton Rose Fulbright LLP)/ /Leave a comment
YIAG

Videocon Industries Ltd. Vs. Union Of India & Anr. (on 11 May, 2011) The Supreme Court of India (the SCI) recently added to the contentious line of authority beginning with its ruling in Bhatia International v Bulk Trading SA (2002) (4) SCC 105 concerning the power of the Indian courts to intervene in arbitrations held…

Arbitration, International Legal Theory and Teaching, Legal Practice

(Essex Court Chambers)/ /2 Comments
Institute for Transnational Arbitration (ITA)

Empirical research shows that modern law students, at least at post-graduate level, wish to have some options to learn something about the skills of ‘lawyering’. Students often say that they want to have more than just the letters ‘LLM’ after their names. They pay substantial tuition fees to obtain these post-graduate degrees, and they wish…