Arbitrators

Arbitration Awards, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, Enforcement, Europe, New York Convention

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

The 9.10.2009 session of the New York Convention subcommittee of the IBA in Madrid saw a lively discussion on the topic of enforcement of annulled arbitral awards. The discussion related to the “Yukos Capital” decision issued by the Amsterdam Court of Appeals in April 2009. The Amsterdam Court of First Instance had previously upheld the…

Arbitration Proceedings, Arbitrators

(Freshfields Bruckhaus Deringer LLP)/ /1 Comment
Freshfields Bruckhaus Deringer

In 2006, I conducted a review of the most frequently selected arbitrators in the then-pending 103 ICSID cases. (See “Precedent in Investment Treaty Arbitration: A Citation Analysis of a Developing Jurisprudence” (2007), 24 J. Int’l Arb 129). My 2006 review of the 103 pending ICSID cases (ranging from cases registered in February 1997 to November…

Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Investment Arbitration, Legal Practice, Public Policy

(School of International Arbitration, Queen Mary University of London (QMUL))/ /Leave a comment
Institute for Transnational Arbitration (ITA)

One can observe two rather opposing trends. On the one hand there is a steady (and more recently significant) increase in the number of arbitration cases; one the other hand there is a rather systematic criticism expressed by certain voices, predominately in the corporate world.Most well established institutions have recorded a 10% increase in their…

Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Arbitrators, Domestic Courts, Europe, National Arbitration Laws

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White & Case

Introduction If a party during arbitral proceedings withdraws its claim and the other party does not exercise its right to request an award in respect of the withdrawn claim, it has been suggested in Swedish legal doctrine that the parties, under certain circumstances, may have implicitly agreed that the arbitration agreement shall cease to be…

Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Domestic Courts, North America

(Notre Dame Law School)/ /Leave a comment

As international arbitration becomes ever more sophisticated and complex, one wonders whether it will continue to have the institutional capacity to address its protean tasks. Claims in the billions of dollars are now common. Thousands of individuals are affected by the outcome of a single arbitration decision. And the complexity of the cases is such…

Africa, Arbitration Agreements, Arbitration Awards, Arbitrators, Europe, International Legal Theory and Teaching, Legal Practice

(Notre Dame Law School)/ /Leave a comment

In submitting his instructions to the American delegation attending the 1907 Second Hague Conference, Secretary of State Elihu Root argued that the Permanent Court of Arbitration system needed radical improvement. In his instructions he wrote: There can be no doubt that the principal objection to arbitration rests, not upon the unwillingness of nations to submit…

Arbitration Awards, Arbitration Institutions and Rules, Arbitrators, Commercial Arbitration, International Legal Theory and Teaching, UN and Int’l Organizations

(Castaldi Mourre & Partners)/ /Leave a comment

1. Is Arbitral Jurisprudence anything more than a myth? 2. How does persuasiveness of past awards operate? 3. Is Precedent the product of the intrinsic qualities of one or more particularly well-reasoned awards? 4. Why do arbitral awards need to be available? 5. Why is reliance on arbitral precedents not frequent? 6. Should all awards…

Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Disclosure, Europe, North America

(Castaldi Mourre & Partners)/ /Leave a comment

The already much debated Paris Court of appeal judgment in Tecnimont, rendered on 12 February 2009, has put into light the dangers arising from the lack of uniformity in the field of conflict disclosure. The Paris Court of appeal has quashed a partial award because the chairman of the arbitral tribunal, a well-known international arbitrator…

Arbitrators, International Legal Theory and Teaching, Investment Arbitration

(Notre Dame Law School)/ /Leave a comment

We at Kluwer Arbitration blog are most pleased to welcome Andrew Newcombe as our newest contributor. Andrew teaches commercial, international economic and arbitration law at the Faculty of Law, University of Victoria, Canada. His research and writing focuses primarily on investment treaty law and arbitration. In 2004, he established investment treaty arbitration, a resource website…

Africa, Arbitration Proceedings, Arbitrators, UN and Int’l Organizations

(Notre Dame Law School)/ /1 Comment

By now almost everyone in the international arbitration world is aware of the gavel-to-gavel coverage of the oral pleadings in the so-called Abyei Arbitration before the Permanent Court of Arbitration. The case included many of the leading lights of international arbitration, including Pierre-Marie Dupuy, Stephen Schwebel, and Michael Reisman among the arbitrators, and James Crawford,…

Arbitration Awards, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, Enforcement, Europe, European Law, Legislation, Lis Pendens, Seat of the arbitration

(Castaldi Mourre & Partners)/ /1 Comment

The relationship between Arbitration and European Judicial Private Law has not always been easy. The bedrock European Law principle in this field, as embedded in the European Council Regulation (EC) No. 44/2001 of December 22, 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (“the Judgment Regulation”), is the…

Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators

(International Council for Commercial Arbitration)/ /Leave a comment
Freshfields Bruckhaus Deringer

Dedicated to the late Thomas Wälde, The Future of Investment Arbitration examines some of the current pressures on investment arbitration and looks toward the future of the system as a whole. The authors address issues such as gaps in the procedural rules, the lack of development in certain substantive areas of international investment law, inconsistencies…

Arbitrators, Europe

(Notre Dame Law School)/ /Leave a comment

Kluwer Arbitration Blog is pleased to introduce Alexis Mourre as a guest blogger for the next month. Alexis specialises in international arbitration and international litigation with the law firm of Castalde Mourre & Partners in Paris. He has served as counsel to party, co-arbitrator, sole arbitrator or expert in more than 80 international arbitral procedures,…

Arbitration Awards, Arbitration Institutions and Rules, Arbitrators, Commercial Arbitration, Domestic Courts, Europe, National Arbitration Laws, North America

(White & Case LLP)/ /1 Comment
White & Case

In two recently reported cases, parties to arbitrations have challenged arbitrator and/or institutional fees where the underlying awards have also been subject to annulment or set aside proceedings. Are these cases isolated instances or do they signal an increased trend? The answer may have widespread ramifications for how, and where, arbitrations are conducted and administered….

Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Investment Arbitration

(Three Crowns LLP)/ /2 Comments
Three Crowns LLP

What could be more basic? Arbitrations begin with each side naming an arbitrator. References are occasionally made to “the fundamental right” to name one’s arbitrator. But there is no such right. Moreover, if it existed, it would certainly not be fundamental. The original concept that legitimates arbitration is that of an arbitrator in whom both…

Arbitrators, Commercial Arbitration, Investment Arbitration, National Arbitration Laws, North America

(Suffolk University Law School)/ /3 Comments
American Society of International Law (ASIL)

American Bar Association’s International Law Section Criticizes the ABA Dispute Resolution Section’s Subcommittee Draft on Arbitrator Disclosure Guidelines It has been interesting to watch the strong reaction to the draft disclosure guidelines and checklist for arbitrators proposed by the Disclosure Subcommittee of the Arbitration Committee of the ABA’s Dispute Resolution Section. Over the last two…

Arbitrators, Europe, Legal Practice, Legislation, National Arbitration Laws

(Lévy Kaufmann-Kohler)/ /5 Comments
Herbert Smith Freehills

I. Introduction On 9 February 2009 the Swiss Federal Tribunal (FT) quashed a Court of Arbitration for Sport (CAS) award (Case reference 4A_400/2008). Annulment of an award is a rare enough event to call attention in itself, though this case warrants further inspection. The issue is not the choice of the applicable law (Article 187…

Arbitration Institutions and Rules, Arbitrators, International Legal Theory and Teaching, Legal Practice

(Notre Dame Law School)/ /Leave a comment

One of the defining features of the international arbitration community is the plethora of international arbitration conferences. Every month the calendar is full of opportunities to travel the world to attend conferences. This month it is Frankfurt, Lausanne, The Hague, and Washington. Last month it was Paris, Dubai, Vienna and Bonn. It’s not exactly normal…

Arbitrators, Domestic Courts, Europe

(Stylopoulos & Associates)/ /Leave a comment

The mechanism for referring questions regarding a preliminary ruling allows the national judge to ask the ECJ for a clarification on a point of EC law. Art 234 EC Treaty, governing preliminary rulings before the ECJ, applies to national courts or tribunals ruling as courts of final appeal and it does not open up directly…

Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Enforcement, Investment Arbitration, South America

(International Council for Commercial Arbitration)/ /2 Comments
Freshfields Bruckhaus Deringer

In light of interest in the international arbitration community concerning investment treaty cases against Argentina since the 2001 economic crisis, we thought it could be useful to share Freshfields’ working collation. We caution that this is based only on public records and press reports. Corrections are welcome. According to our data, 46 treaty cases have…

Arbitration Awards, Arbitration Institutions and Rules, Arbitrators, International Legal Theory and Teaching, Investment Arbitration

(Notre Dame Law School)/ /2 Comments

Ten years ago virtually all international arbitration was in a black box. The awards were accessible to the parties and virtually no one else. One had vague impressions about the quality of arbitration generally and individual arbitrators in particular. But there was no objective data from which to judge these impressions. Investment arbitration changed all…

Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators

/ /2 Comments

In recent years the international arbitration community seems to be obsessed with the issue of arbitrator impartiality, independence and bias. The 2004 IBA Guidelines were followed by the LCIA’s 2006 Special Report and Decision to Publish challenge determinations, followed in 2007 by the ICC Bulletin Special Supplement, and most recently by TDM’s 2008 Special Issue…

Arbitrators, Europe, Legal Practice

(von Segesser Law Offices)/ /Leave a comment

In its decision of 6 October 2008 (5A_201/2008), the Swiss Federal Supreme Court had another opportunity to address its practice regarding conflicts of interests of part-time judges and arbitrators. It had stated in earlier decisions that a judge is deemed to be biased if he or she acts or recently acted as counsel for one…

Arbitrators, International Legal Theory and Teaching, Legal Practice

(Notre Dame Law School)/ /Leave a comment

The Kluwer Arbitration Blog is a project that has been in the works for months, and we are excited about what the future holds for this new venture. As the managing editor of this new blog, I wanted to offer a few quick thoughts about the nature of international arbitration and why I think the…