Confidentiality and Transparency

Arbitration Act, Arbitration Act 1996, Confidentiality, Confidentiality and Transparency, English courts, English Law

(Seladore Legal)/ /Leave a comment

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…

Arbitration Institutions and Rules, Artificial Intelligence, Confidentiality and Transparency, Expedited arbitration, JAMS

(WilmerHale)/ /Leave a comment

On 23 April 2024, JAMS announced its Artificial Intelligence Disputes Clause and Rules (“JAMS AI Rules”), effective 15 April 2024.  According to JAMS, these Rules “reflect the latest developments and trends in the ADR space and address the rise in usage and development of AI systems and smart contracts.” Today, artificial intelligence (“AI”) is a…

Bias, Canada, CanArb Week, Confidentiality, Confidentiality and Transparency, Diversity, Early Determination, Efficiency, Third party funding

, (McCarthy Tétrault LLP)/ /Leave a comment

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 and Transparency, Danish Institute of Arbitration (DIA), Diversity, ICC, Inherent Powers, Investment Arbitration, IT, M&A, Prague Rules, Witness, Witness Statement

(The Danish Institute of Arbitration)/ /Leave a comment

  The Danish Institute of Arbitration (DIA) and ICC Denmark hosted Copenhagen Arbitration Day earlier this year. Discussion took place on a wide range of topics such as the criticism of arbitration, diversity and the Prague Rules. The day began with three lunchtime seminars. The first took place at the University of Copenhagen, where four…

Arbitration, Arbitration Act, Confidentiality, Confidentiality and Transparency, New Zealand, Reform

(Stout Street Chambers)/ /Leave a comment

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…

Arbitration, Confidentiality, Confidentiality and Transparency, ICCA Sydney 2018, Publication of Arbitral Awards, Transparency, Transparency in investment arbitrations

(Allens)/ /Leave a comment
Young ICCA

What if Facebook, as a result of its recent negative publicity, had the opportunity to file a request for arbitration against Cambridge Analytica? A key principle of international commercial arbitration is its maintenance of confidentiality, but would the public interest in such an arbitration justify greater transparency? The afternoon panel of the first day of…

Arbitration, Confidentiality, Confidentiality and Transparency, Croatia, Independence and Impartiality, International arbitration, Slovenia

(Ministry of Foreign and European Affairs of the Republic of Croatia)/ /Leave a comment

The first weeks of 2017 have again seen an exchange between Croatia and Slovenia about the continued work of the Arbitral Tribunal expected to decide this year on the course of the boundary between the two states. The Tribunal – formed under the 2009 Arbitration Agreement – will do so despite Croatia’s decision to terminate…

Arbitral Tribunal, Arbitration, Arbitration Proceedings, Best practices, Commercial Arbitration, Confidentiality, Confidentiality and Transparency, HKIAC, ICC Arbitration, ICCA, ICSID Arbitration, Independence and Impartiality, Institutional Arbitration, International arbitration, Investment Arbitration, ISDS, LCIA Arbitration, Powers of the tribunal, Procedure, SCC Rules, Secretary of the Arbitral Tribunal, SIAC, Singapore International Arbitration Centre, Tribunal Secretary, Uncategorized

, , (Clifford Chance) and (Clifford Chance Asia)/ /Leave a comment

“Help! I need somebody Help! Not just anybody Help! You know I need someone, help … And now my life has changed in oh so many ways, My independence seems to vanish in the haze …” Help raises a question of need, but does it lead to a loss of the fundamental decision-making power vested…

Arbitration Institutions and Rules, Arbitration Proceedings, Best practices, Code of Ethics, Confidentiality and Transparency, Consolidation, Investment Arbitration, Transparency in investment arbitrations, UNCITRAL

(Australian National University)/ /1 Comment

On 7 July 2016, the UNCITRAL Commission adopted a revised and updated version of the UNCITRAL Notes on Organizing Arbitral Proceedings. The 2016 Notes replace a 1996 edition, and aim to flag procedural issues typically associated with arbitral proceedings. They include guidance on matters such as the language(s) of the proceedings, confidentiality and transparency, and…

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, Confidentiality, Confidentiality and Transparency, Investment Arbitration, Mauritius

(School of Law, King’s College London)/ /Leave a comment

by Maria Laura Marceddu, School of Law, King’s College London Over the last years, as discussed on this blog (see here), there have been many interesting developments in the field of transparency in investor-State arbitration: the 2006 ICSID amendments, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“the 2013 UNCITRAL Rules”) (see here), and…

Best practices, Confidentiality, Confidentiality and Transparency, Dispute resolution clause

(DLA Piper) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

One of the defining and distinguishing features of arbitration is the privacy that it affords parties. However, as all practitioners recognize, arbitration is rarely conducted in full secrecy and applications to vacate or confirm an award can bring the existence, subject matter, and outcome of an arbitration to the forefront of public discourse. Often times,…

Confidentiality and Transparency, Investment Arbitration, Transparency in investment arbitrations, UNCITRAL Transparency Rules

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

On 11 July 2013, the United Nations Commission on International Trade Law (“UNCITRAL”) adopted new Rules on Transparency in Treaty-based Investor-State Arbitration (the “Transparency Rules”), which will come into effect from 1 April 2014. The new rules provide for public access to documents generated during treaty-based investor-state arbitrations (but not commercial arbitrations) brought under the…

Confidentiality, Confidentiality and Transparency, Costs in arbitral proceedings, ICC Arbitration, ICSID Convention, Investment Arbitration, NAFTA, Not-for-profit organizations (NGO), Transparency in investment arbitrations, UNCITRAL Model Law

(Independent Arbitrator)/ /1 Comment

Monday’s New York conference on “Arbitration with States and State Entities under the ICC Rules” got me thinking about the possibility of amicus submissions in investment cases before the ICC or other institutions beyond ICSID. A few musings: Are amicus debates likely to arise in the ICC context? The answer is yes. Although most ICC…

Arbitration Agreements, Confidentiality, Confidentiality and Transparency

(Linklaters)/ /Leave a comment

Just a few weeks ago, an arbitral award made headlines in the German press: “Advisors in Märklin deal to pay multi-million euro fine”, “Märklin: advisors to pay damages”, “Märklin fallout: Former owner awarded $18.7 million in judgment against consultant”, to name but a few examples. According to the newspapers, the US-based consulting firm AlixPartners was…

Arbitrators, Confidentiality and Transparency, Enforcement

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

It is not unusual for retired judges to serve as arbitrators. But what about sitting judges? A number of European countries permit sitting judges to serve as arbitrators. See Gary B. Born, International Commercial Arbitration 1449 (2009); see, e.g., U.K. Arbitration Act 1996, § 93. In the United States, however, ethics rules generally prohibit judges…

BIT, Confidentiality and Transparency, Foreign Investment Law, Investment agreements, Investment Arbitration, Investment protection, Transparency in investment arbitrations

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

The OECD-hosted Freedom of Investment (FOI) Roundtable is in the process of finalizing a statement regarding the role of international investment in supporting the realization of countries’ green growth objectives.  The draft statement entitled “Harnessing Freedom of Investment for Green Growth” (Draft Statement) and three draft background consultation papers (Draft Papers) are available on the…

Confidentiality and Transparency, Investment agreements, UNCITRAL Model Law

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

The sense of relief enjoyed by NGO observers and other followers that UNCITRAL Working Group II’s Arbitration Rules revision project was finally completed in the Summer of 2010, after seemingly endless debate, has been diminished to some extent by the publication of the agenda for the next WGII meeting, to be held in Vienna in…