Commercial Arbitration

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,…

Argentina, Commercial Arbitration, Latin America, Willem C. Vis Moot

(Permanent Court of Arbitration) and (Knoetzl Haugeneder Netal Rechtsanwaelte GmbH)/ /Leave a comment

“And the winner is Buenos Aires” said Alice Fremuth-Wolf, deputy Secretary General of the Vienna International Arbitral Centre and presiding arbitrator of the final round, in the afternoon of 24 March 2016. This was the moment that a group of coaches, students and former students of the University of Buenos Aires (“UBA”) had long worked–and…

Ad hoc arbitration, Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, Enforcement, Georgia, kompetenz-kompetenz, Set aside an arbitral award

(Hogan Lovells)/ /1 Comment

In 2009, Georgia adopted a new Law on Arbitration (“Law on Arbitration”) based on the UNCITRAL Model Law on International Commercial Arbitration with amendments as adopted in 2006 (“Model Law”). Shortly thereafter, Mr. Michael Wietzorek commented on the implementation of the new law on the Kluwer Arbitration Blog (here) and qualified this as a “significant…

Arbitration, Arbitration Proceedings, Commercial Arbitration, Enforcement, Poland, Set aside an arbitral award, Set aside an international arbitral award

(Kancelaria Adwokacka Adwokat Marcin Orecki)/ /Leave a comment

Introduction On 1 January 2016, the Act on Promoting Amicable Dispute Resolution Methods (dated 10 September 2015, published on 13 October 2015, Official Journal of Laws of the Republic of Poland, item 1595), available in Polish here (“Amendment”), which was a subject of my previous post, will come into force. The Amendment is the first…

Arbitrability, Arbitration, Commercial Arbitration, Corporate disputes, Investment Arbitration, Russia, Uncategorized

(Karimullin Law Firm)/ /Leave a comment

Under sec 1 of the RF Law on International Commercial Arbitration 5338-1 of 07.07.1993, disputes arising from civil, including corporate, relationships may be referred to international commercial arbitration, unless otherwise provided by law. However, there is no such restriction provided. In some cases, such as Novolipetsk Still Mill (NLMK) v. Nikolay Maksimov (Decrees of the…

Asia-Pacific, Commercial Arbitration, Domestic Courts, Enforcement, International arbitration, Investment Arbitration, Recognition and enforcement of arbitral award, Singapore, Singapore International Commercial Court

(Mayer Brown LLP)/ /Leave a comment

and Paul Tan, Rajah & Tann Singapore LLP Short answer: Yes for some actions, but not all. Here is why. The Singapore International Commercial Court (“SICC”) was launched in January 2015 and provides litigants with the benefits of court proceedings and international arbitration without the constraints and setbacks of either option. Thus far, murmurs of…

Arbitration Institutions and Rules, Commercial Arbitration, Dispute Resolution, LCIA Arbitration

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

Two months ago I commenced a five-month secondment with the London Court of International Arbitration (LCIA), a change of scene from my usual post at Herbert Smith Freehills LLP in London where I am a New York-qualified associate working on both commercial and investment arbitration matters. While in many ways the secondment has so far…

Arbitration Agreements, Arbitration Institutions and Rules, Commercial Arbitration, Hybrid arbitration clause, Set aside an international arbitral award, Sweden

(University of Aberdeen)/ /1 Comment

Party autonomy is a well-established cornerstone of arbitration, which treats the parties as the true creators of the arbitral procedure. Hybrid arbitration clauses are built on this cornerstone. In a certain type of hybrid arbitration clause, the parties place the administration of arbitration in the hands of one arbitration institution by using the rules of…

Anti-arbitration, Arbitration, Commercial Arbitration, Domestic Courts, India

/ /2 Comments

Prior to 2012, India faced widespread criticism from the international arbitral community over a series of judgments concerning arbitration. Much has changed since 2012 – in the post-Bharat Aluminium (“BALCO”) era. A pro-arbitration approach by the judiciary was reflected in a series of judgments that came after the BALCO judgment, such as Reliance Industries (Reliance…

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, Arbitration Act, Australia, Commercial Arbitration, Domestic Courts

(Australian National University)/ /Leave a comment

The question of what constitutes an “arbitration” is unlikely to be one that arbitral practitioners have cause to ponder on a daily basis. In fact, such a question might appear at first to be purely theoretical or academic. A recent case (ASADA v 34 Players) from the Victorian Supreme Court in Australia, however, shows the…

Arbitration Proceedings, Australia, Commercial Arbitration

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

This article is published as a result of the cooperation agreement between  Kluwer Arbitration Blog and 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 2010 Australia amended its International Arbitration Act (Cth) 1974 (IAA)…

Commercial Arbitration

(Mayer Brown LLP)/ /4 Comments

By Jawad Ahmad1)Jawad Ahmad is an Associate (Foreign Lawyer) at Rajah & Tann’s International Arbitration and Construction Practice in Singapore. LLB in European Legal Studies (Kent) (First Class Hons.); LLM (UC Berkeley). Attorney-at-law (New York). and Paul Tan2)Paul Tan is a Partner at Rajah & Tann’s International Arbitration and Construction Practice in Singapore. LLB (NUS)…

Appointment of arbitrators, Arbitral Tribunal, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Corporate Counsel's view, Counsel, Uncategorized

(MDisputes)/ /Leave a comment

Critical negotiation moments punctuate the entire timeline of an international arbitration, from before it starts to even after it is over. And when these moments arise, a practitioner’s ability to negotiate effectively can sometimes be as important as their mastery of the subject matter. After all, what use is technical skill if you cannot deploy…

Arbitration, Class arbitration, Commercial Arbitration, Investment Arbitration

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

In the wake of hotly contested domestic and international developments, speakers at the Annual ITA-ASIL Conference in Washington, DC on April 9 gave varied and sometimes conflicting perspectives on the use of mass and class claims in arbitration. Mass Claims in Investment Arbitration – A Favorable View In her keynote speech, Carolyn B. Lamm of…

Anti-suit injunction, Arbitration Agreements, Commercial Arbitration, Enforcement of an arbitration clause, Jurisdiction of the arbitral tribunal, Parallel Proceedings, Set aside an arbitral award, Switzerland, Uncategorized

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

Arbitration proceedings sometimes spawn a host of parallel court proceedings.  It is not unheard for parties to seek to instrumentalise courts, sometimes with the complicity of the courts themselves, to escape the jurisdiction of an arbitral tribunal.  Such conduct may, however, expose parties to liability for breach of the arbitration agreement, as was confirmed by…

Arbitration, Asia-Pacific, Commercial Arbitration, Domestic law, Hong Kong, International arbitration, Legislation, National Arbitration Laws

(Linklaters)/ /Leave a comment

Hong Kong is one of the major hubs for international arbitration in Asia. Its position was strengthened when, in 2012, India added Hong Kong to the list of so-called “gazetted” states: only arbitral awards rendered in these states will be recognised and enforced in India under the New York Convention. The inclusion of Hong Kong…

Commercial Arbitration, Domestic Courts, Interim Orders, Pro arbitration, Provisional measures, United States

(Hogan Lovells LLP)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

[Written with the assistance of Nina Tandon and Andrew Behrman of Hogan Lovells US LLP] A recent ruling from a U.S. federal district court has highlighted an emerging doctrine in United States courts with respect to a party’s ability to seek provisional remedies from a court in support of international arbitration. The recent ruling, together…

Commercial Arbitration, UNCITRAL Model Law

(DJ Arbitraje)/ /6 Comments
Institute for Transnational Arbitration (ITA)

When the UNCITRAL Model Law on International Commercial Arbitration was approved by the United Nations General Assembly in 1985, “uniformity of the law of arbitral procedures” was a stated purpose. The uncertainty produced by the disparity among the national laws was one of the drafters’ concerns. The other was the inadequacy of domestic laws to…

Arbitration, Asia-Pacific, Commercial Arbitration, Domestic law, Hong Kong, Legislation, National Arbitration Laws, Pro arbitration

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

by Justin D’Agostino and Briana Young On 28 March 2013, Hong Kong gazetted The Arbitration (Amendment) Bill 2013. The Bill proposes amendments to Hong Kong’s Arbitration Ordinance (Cap. 609) to implement an arrangement for mutual enforcement of awards between Hong Kong and Macao, allow for enforcement of emergency arbitrator decisions in Hong Kong, and provide…

Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, International arbitration, National Arbitration Laws, New York Convention, UNCITRAL Model Law

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment
WilmerHale

This post is a little different… I am in the process of revising my treatise, International Commercial Arbitration (Kluwer 2009), and would like to solicit comments from readers of the Kluwer Arbitration Blog on various chapters of the book. I would be happy to send individual Chapters, in their revised form, to those interested in…

Appointment of arbitrators, Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Consumer contracts, Costs in arbitral proceedings, Discovery, Dispute Resolution, Dispute resolution clause, Efficiency, International arbitration, Mediation, Pre-arbitration Dispute Settlement Procedures, Uncategorized

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

A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively. The 2011 survey of corporate counsel developed by researchers at Cornell University’s Scheinman Institute on Conflict…

Book Review, Commercial Arbitration, United States

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

Winter holidays invite fun reading, including good professional reading, that most of the rest of the year forbids. Not exactly beach reads, but the same idea. And, this year, readers from the United States with interests in international arbitration, had their choice among a host of new offerings. Three warrant special mention. First, Professor Bo…

Arbitration, Arbitration Awards, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Corporate Counsel's view, Domestic law, English Law, Expedited arbitration, ICC Arbitration, ICSID Convention, International arbitration, Investment Arbitration, LCIA Arbitration, New York Convention

(Conway & Partners)/ /Leave a comment

There are many clients who are often engaged in industrious works that result in disputes. Typically, the applicable arbitral agreements requirement submitting claims to international arbitration and, in this author’s opinion, appropriately so. However, these same clients may also be subject to frequent claim assertions that lack any true merit. Despite this, there is not…