The DIS Autumn Conference, held on 10 September 2024, was the main event of the Berlin Dispute Resolution Days, which took place from 9 to 12 September 2024 and were jointly organized by the German Arbitration Institute (DIS), the Federal Ministry of Justice, and the Humboldt University in Berlin. Set against the vibrant backdrop of…
Following the morning session of the SIAC Symposium 2024, which explored issues including the challenges posed by artificial intelligence (“AI”), climate change, and trade disruption (see Part 1), the afternoon session consisted of three plenary panel discussions that delved into the core issues shaping the future of arbitration. These pivotal topics comprised: the ethical considerations guiding…
In the era of ‘big data,’ a term that undoubtedly describes the large and complex datasets that businesses generate and exchange, it is increasingly complex for international businesses to navigate the challenge of storing, processing, and analysing their data. Indeed, today’s businesses generate and exchange greater and greater volumes and varieties of data at an…
The confidentiality of arbitrations seated in England is long-established in English law. In the absence of an express agreement to dispense with confidentiality, English law recognises an implied obligation on parties and arbitrators to maintain the confidentiality of the hearing, the award and other materials produced in the proceedings (Dolling-Baker v Merrett [1990] 1 WLR…
2023 in Southeast Asia witnessed several significant decisions issued by apex courts across various countries, and exciting new initiatives which promise an eventful 2024 ahead. In this post, we’ve put together a summary of 2023’s key highlights. Developments in Arbitral Rules and Regulatory Frameworks 2023 was an eventful year for arbitral institutions in Southeast…
This might not be a secret: the Singapore courts recently issued two decisions in June 2023 about confidentiality in the international arbitration context. The first, The Republic of India v Deutsche Telekom AG [2023] SGCA (I) 4 (“India v DT”), concerned the availability of court-ordered confidentiality protections after information about the arbitration (whose confidentiality is…
A pioneer in the region of Central and Eastern Europe (CEE region), the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (HCAC) signed a partnership agreement with the Paris-based legal-tech start-up, Jus Mundi, allowing for the online accessibility of anonymized Hungarian arbitral decisions in English. Since the issue of publication of…
In November 2021, the Law Commission of the United Kingdom announced its review of the English Arbitration Act 1996. Among the critical issues of the reform is the debate on whether to codify the existing principle of implied confidentiality of arbitration proceedings under English law. While the principle of implied confidentiality is largely settled in…
Confidentiality is perceived to be one of the advantages of international (commercial) arbitration. Despite this, institutional arbitration rules are largely (or even completely) silent on the parties’ confidentiality obligations, leaving such issues to be determined by the parties and/or the tribunal or, in many cases, the applicable law. Defining what the duty of confidentiality –…
In 2021, Southeast Asia saw institutional progress, arbitration-related court decisions, and investment treaty developments. All in all, it was an eventful and, at times, surprising year for the region in terms of arbitration developments. Institutional progress Some Southeast Asian arbitral institutions revamped and revised their arbitration rules as part of their strategic institutional development….
On 19 October 2021, Mr Bret Walker AO SC delivered the 2021 CIArb Australian Annual Lecture as part of ACICA’s Australian Arbitration Week 2021. Mr Walker’s lecture, titled ‘Privacy or Secrecy? Open Justice Values as a Challenge to Arbitral Procedure’, offered a thought-provoking examination of what he termed the ‘problematic nature’ of secrecy in commercial…
Canadian Arbitration Week ran online from September 20 – 24, 2021 under the theme of adaptation and acceleration. A timely focus as the pandemic continues to accelerate sweeping changes in the legal world. The 2021 YCAP Fall Symposium titled “New World, New Rules” took place on September 23 and addressed the theme in a session…
Confidentiality is one of the distinctive features of arbitration and is often promoted as an advantage of arbitration. Most arbitral institutions require arbitral tribunals and parties to preserve confidentiality of arbitral proceedings. Having said that, commercial disputes which are subject to arbitration agreements most often do not simply disappear from the limelight. Quite the opposite,…
It is well-known that confidentiality is a particularly important mechanism for protecting the information and data contained in a process in which disclosure could cause prejudice to the parties. That is because the mere existence of a lawsuit may sometimes lead to considerable consequences for the parties, as it may affect the perception of third…
At the dawn of the New Year, following their adoption in November 2020, the revised DIFC-LCIA Rules of Arbitration (the “2021 DIFC-LCIA Rules”) have now entered into force with effect from 1st January 2021. Readers of this blog will recognise the DIFC-LCIA as the free zone sister organization of the London Court of Arbitration (LCIA)…
Corruption, annulment of arbitral awards and court intervention mark the main developments for 2020 in Latin America. Our contributors this year reported on the most important judicial decisions and legislative measures impacting the legal framework of various jurisdictions in the region. A new ‘hot topic’ arising from the COVID-19 pandemic is the interplay between arbitration…
Singapore has emerged as one of the leading international arbitration centers not only in Asia but also in the world. To keep this title, the Singapore Ministry of Law (“Ministry of Law”) played a major role by keeping track on international and commercial legislative developments, and, adapting and framing innovative legislations to promote international arbitration….
Since COVID-19, virtually everything that can be moved online has been moved online. The Singapore International Arbitration Centre (“SIAC”)’s flagship event, SIAC Congress, is no exception and as such, it was most befitting that the motion of the debate was “This House believes that Virtual Hearings are just as effective as In-Person Hearings“. The debate…
The Status of Art Arbitrations in India As per a 2018 report, the Indian art industry is plagued by legal ambiguities, forgeries and lack of transparency, and infrastructural support, making it a fertile ground for disputes. A steady increase in the number of high-net-worth individuals and a surge in online auctions have contributed to the…
In a dispute involving the Centro Brasileiro de Mediação e Arbitragem – CBMA (“CBMA”) and the Brazilian Federal Revenue’s Office (“FRO”), the Brazilian Federal Court of Appeals prevented FRO from accessing data of arbitration proceedings administered by CBMA. The CBMA, an arbitral institution with headquarters in the city of Rio de Janeiro, State of Rio…
For the 35th Annual Joint Symposium of Arbitrators, the ICC Institute of World Business Law and the School of International Arbitration proposed a debate on the participation of “States and State Entities in International Arbitration”. This year, Herbert Smith Freehills hosted the event in London. First Panel: State Involvement in International Business and Trade…
Significant advances in technology over the last decade have made videoconferencing a viable alternative to traditional, in-person witness examinations in arbitration. As the use of videoconferencing in international arbitration grows more common, we must ask ourselves: do we have the right tools to eliminate the risks that arise with this new technology? This question led…
The Arbitration & Conciliation (Amendment) Act, 2019 (“the 2019 Amendment”), which amends the Indian Arbitration & Conciliation Act, 1996 (“the Act”), came into force with effect from 9 August 2019. The Law Minister of India was recently quoted as saying in one of the press releases (after the Bill in support of the 2019 Amendment…
Introduction: the Arbitration Amendment Act 2019 Arbitration law reform is often portrayed in terms of relentless progress towards enlightenment: towards greater party autonomy, increased efficiency, reduced judicial interference, and more certain enforcement. In important areas of arbitral law and practice, that is an accurate narrative: the acceptance of the principles of Kompetenz-Kompetenz and separability, for…
