Arbitrators

Arbitration, Arbitration Proceedings, Arbitrators, IBA Guidelines on Party Representation, Investment Arbitration, Secretary of the Arbitral Tribunal, The Pledge, Third party funding

(Bocconi University)/ /3 Comments
Arbitrator Intelligence

If James Bond practiced law, it would be international arbitration. Don’t believe me? Just consider how many international arbitration cases could be great plots for a James Bond movie. Take, for example, the case in which an Israeli investor was arrested in Tbilisi and jailed following a cognac-laced sting operation that caught the investor on…

Arbitrators, Experts

(Florida International University College of Law)/ /2 Comments
Institute for Transnational Arbitration (ITA)

One of the perceived advantages of arbitration is that it allows parties to select one or more decision makers (arbitrators) with a level of technical or scientific expertise and professional experience higher than that of the average judge. Arbitration has always been welcomed as a fitting alternative to traditional litigation, where the judges tend to…

Arbitral Tribunal, Arbitrators, Fraud

(Herbert Smith Freehills)/ /Leave a comment

On 30 June 2016, the French Cour de Cassation issued a new decision (Cass. Civ. 1, 30 June 2016, N°15-13.755) in the long-running Tapie saga (or, as the French media has called it, “l’affaire Tapie”). This recent decision might not represent the end of the saga, however, it nonetheless gives us the opportunity to take…

Arbitrator's mandate, Arbitrators, Austria

(Schoenherr) and / /Leave a comment
Schoenherr

One of the main advantages of arbitration vis-à-vis state court litigation, is that the parties are free to choose independent and highly specialised experts to decide their cases. Yet, if these experts negligently (or even deliberately) violate the duties that come with the acceptance of the appointment, the issue of liability arises. One may think…

Appointment of arbitrators, Arbitrators, Saudi Arabia

(Penn State Law)/ /4 Comments
Arbitrator Intelligence

Introduction Saudi Arabia has changed dramatically in the past two decades, and many of those changes have potentially positive implications for international arbitration. As a crucial starting point, the Saudi government has focused intense attention and devoted vast resources to diversify the country’s economy, most interestingly by investing billions of dollars to develop the education…

Actual expenditure, Ad hoc arbitration, Arbitral Tribunal, Arbitration, Arbitration Proceedings, Arbitrators, ASEAN, Asia, Asia-Pacific, Best practices, Bias, BIT, China, CIETAC, Code of Ethics, Commercial Arbitration, Confidentiality and Transparency, Conflicts of interest, Costs in arbitral proceedings, Disclosure, Ethics, Hong Kong, IBA Guidelines on Conflicts of Interest, ICSID Arbitration, Independence and Impartiality, International arbitration, Investment Arbitration, ISDS, PRC, Security for Costs, Third party funding

(Norton Rose Fulbright LLP) and (Fangda Partners)/ /Leave a comment
YIAG

Introduction On 23 May 2016, CIETAC’s Hong Kong Arbitration Center (CIETAC HKAC) issued for public consultation draft Guidelines for third party funding (the draft Guidelines). Third party funding (TPF) is a hot topic in Hong Kong. The draft Guidelines come in the wake of recent initiatives to clarify the law on TPF in the territory,…

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…

Arbitrators, Surveys

(Greenwood Arbitration)/ /6 Comments

Co-authored with Michael McIlwrath, General Electric Company, and Ema Vidak-Gojkovic, Baker & McKenzie GAR Live Stockholm recently shone a spotlight on our article “Puppies or Kittens? How To Better Match Arbitrators to Party Expectations”, published in the Austrian Yearbook on International Arbitration earlier this year. In our article we proposed that arbitrators complete a questionnaire…

Arbitral Tribunal, Arbitration, Arbitrators

, (Schoenherr)/ /1 Comment
Schoenherr

Discussions of arbitrators’ powers have riveted the international arbitration community. Practitioners increasingly face situations where arbitrators seem cautious and reluctant to rule on procedural issues. While such a careful approach may be advisable where arbitrators prudently avoid overstepping their powers, it may, at times, also frustrate parties and practitioners alike. This phenomenon has fostered endeavours…

Arbitral Tribunal, Arbitrator Challenges, Arbitrators, Book Review

(Richmond School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Challenges of arbitrators seem to have become increasingly common in international investment arbitral proceedings, yet they also seem to be seldom successful. Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, a new edited volume by Chiara Giorgetti, analyses arbitrators and judges’ challenges and addresses some fundamental, related questions: What does the…

Arbitration, Arbitrators, arbitrators’ conduct, Counsel conduct, ICC Arbitration, Uncategorized

(MDisputes)/ /4 Comments

Fellow Kluwer arbitration blogger, Duarte Henriques, recently started a Facebook page dedicated to discussing topical issues in international arbitration. The page regularly features “memes” all aspects of the practice. Below are a few. When international arbitration meets social media, no one is spared. – – – – – – – – – – – –…

Appointment of arbitrators, Arbitral Tribunal, Arbitrators

(Clifford Chance LLP) and (Clifford Chance)/ /2 Comments

Introduction It is often said that the choice of a party-nominated arbitrator is the single most important decision a party will make in any arbitration. The right to appoint one of the decision-makers sets the arbitral process apart from litigation, and is touted as a key selling point. When exercising this right, it is now…

Arbitrators, EU Permanent Court, Investment, Investment agreements, Transatlantic Trade and Investment Partnership, Treaty

(Independent Arbitrator)/ /Leave a comment

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen. On 2 June 2015, the French Minister of Foreign Trade, Matthias Fekl, submitted to the European Commission a proposal regarding the Investor-State dispute settlement (ISDS) mechanism included in the project for…

Arbitrators, Women in arbitration

(Winston & Strawn LLP)/ /1 Comment
ArbitralWomen

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. In previous posts, contributors have addressed the lack of gender diversity in arbitration. One post discussed the low percentage of women arbitrators in commercial and investment…

Arbitration, Arbitrators, Public Policy

(AZHA Avocats)/ /2 Comments

On the ground that arbitration is a consensual and neutral means of dispute resolution, it has been suggested that arbitrators ought to be wholly and exclusively at the service of the parties and that they are not entrusted with a mission to defend public interests. There may be reasons to call this view into question….

Arbitral Award, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Best practices, Commercial Arbitration, Document Production, Due process, International arbitration, International Legal Theory and Teaching, Procedure, Uncategorized

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As a fitting tribute to the vision of the first dedicated arbitration education institution, the School of International Arbitration (SIA) marked its 30th anniversary with a two day conference looking back and looking forwards. Entitled “The Evolution and Future of International Arbitration: The Next 30 years”, it brought together over 200 graduates, academics and practitioners…

Arbitration Proceedings, Arbitrators, Human Rights, Rule of Law

(Jones Day)/ /Leave a comment
ArbitralWomen

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. This year, Wendy Miles delivered the keynote speech at the YAF/YAPP Annual Conference on the second day of the Vis Moot. Attuned to the audience, the…

Arbitrators, Unrepresented Parties

(Fasken Martineau DuMoulin LLP)/ /3 Comments

and Alexandra Mitretodis, Fasken Martineau DuMoulin LLP In 0927613 BC Ltd v 0941187 BC Ltd, 2014 BCJ No 2659, decided on August 21, 2014, the British Columbia Supreme Court stated that in the domestic context, an arbitrator must comply with the rules of natural justice and consider what assistance can be useful to provide unrepresented…

Arbitration, Arbitrators, Surveys

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

In 2013, an extensive survey of experienced commercial arbitrators in the U.S. was conducted by the Straus Institute for Dispute Resolution with the cooperation of the College of Commercial Arbitrators (CCA), an organization of more than two hundred of the most experienced arbitrators in the U.S. The Survey provides considerable new data on arbitrators’ experiences,…

Arbitrators, IBA Guidelines on Conflicts of Interest, Secretary of the Arbitral Tribunal, Third party funding

(Clyde & Co. LLP), (gunnercooke LLP), and / /1 Comment
Clyde & Co.

The IBA recently revised its Guidelines on Conflicts of Interest in International Arbitration. This was the culmination of a review by the IBA Arbitration Committee, which began in 2012. The salient changes address the rise of advance declarations by arbitrators; third-party funding; increasing significance of arbitral secretaries; and the possibility that an arbitrator, and counsel…

Appointment of arbitrators, Arbitrators, India, Singapore, Singapore International Arbitration Centre

, (Wilmer Cutler Pickering Hale and Dorr LLP)/ /4 Comments
WilmerHale

In the recent case of Pricol v. Johnson Controls (Pricol Limited v. Johnson Controls Enterprises Ltd and Ors, Arbitration Case (Civil) No.30 of 2014), the Supreme Court of India declined to intervene in an international arbitration with the SIAC as appointing authority, upholding the parties’ chosen mechanism in a well-reasoned decision which was marked by…

Arbitrator's Fees, Arbitrators, Austria

(zeiler.partners Rechtsanwälte GmbH)/ /Leave a comment

In its decision of 17.2.2014, the Austrian Supreme Court decided on a claimant’s request for reimbursement of the portion of the fees advanced to the arbitrator whom it had successfully challenged during ongoing proceedings and on his liability for frustrated costs caused by the challenge and the appointment of a new arbitrator. Further, the claimant…

Arbitration Institutions and Rules, Arbitration Quiz, Arbitrators

(MDisputes)/ /Leave a comment

With hopes that those in the northern hemisphere had a fun summer packed with arbitration-related events for themselves and their families, below are the answers to this year’s summer quiz. The answer keys to the crossword and the word hunt were published in August. While a Ph.d is not required to read the Kluwer arbitration…