Consolidation

Case Management, Consolidation, Early Dismissal, Emergency Arbitrator, Expedited Proceedings, Preliminary Ruling, SIAC

, (JSA, Advocates & Solicitors)/ /Leave a comment

On 22 August 2023, the Singapore International Arbitration Centre (“SIAC”) published the Draft 7th Edition of the SIAC Rules (the “Draft Rules”) for public consultation. The Draft Rules introduce several noteworthy changes as part of a concerted effort to “raise the bar on efficiency, expedition, and cost-effectiveness” (see SIAC Registrar’s Report). The public consultation period…

Class arbitration, Collective redress, Consolidation, Washington Arbitration Week

, (Georgetown University Law Center) and (Robalino Law)/ /Leave a comment

This post highlights the Third Edition of the Washington Arbitration Week 2022 panel on “Class or Collective Action in Investment Arbitration,” held at the offices of Crowell & Moring LLP on December 2, 2022. The panel was moderated by WAW Co-Founder Mr. Ian Laird (Crowell & Moring/Georgetown Law). He was joined by Mr. Matthew Drossos…

Consolidation, M&A, Multiple parties, Renewable energy

(GESSEL) and (Queritius)/ /Leave a comment

On 26-27 May 2022, a record turnout of over 200 experts from around the world gathered in Warsaw for the sixth iteration of the “Dispute Resolution in M&A Transactions” Conference. It has become the world’s largest event on M&A dispute resolution – thanks to the involvement of Prof. Beata Gessel-Kalinowska vel Kalisz, the Conference chair….

Confidentiality, Consolidation, DIFC, Emergency Arbitrator, Expedited Proceedings, LCIA Rules, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

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)…

Consolidation, ICC, ICC Arbitration, ICC Rules, Joinder

, (WongPartnership LLP)/ /Leave a comment

Multi-party and multi-contract complex disputes are now ubiquitous in international arbitration practice. This is unsurprising given the increasingly complex nature of international trade and commerce. Institutional statistics show substantial growth in the number of disputes involving multiple parties and multiple contracts. The 2019 International Chamber of Commerce (“ICC”) Dispute Resolution Statistics reveal that out of…

Consolidation, ICC Rules, Joinder, Multiple parties, New York Arbitration Week

, (Cleary Gottlieb)/ /Leave a comment

On Thursday 19 November 2020, during the fourth day of New York Arbitration Week, the ICC International Court of Arbitration held a virtual round-table discussion of the challenges faced by parties and the ICC Court in cases involving multi-party and multi-contract disputes and the ways in which the 2021 revisions to the ICC Rules of…

Arbitration institution, Consolidation, Institutional Arbitration, Virtual hearings

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“Success in life is not for those who run fast, but for those, who keep running and are always on the move.” Bangambiki Habyarimana, Pearls Of Eternity   This expression may work in both, personal and professional situations. Indeed, there seems to exist a consensus that “arbitration has become a big legal business” and a…

Arbitration, Bosnia and Herzegovina, Consolidation, Reform

and (Alchemy Capital LLC)/ /Leave a comment

Consolidation of arbitral proceedings is commonly regarded as a procedural device designed to deal with the challenges associated with complex cases. It is a method that combines multiple proceedings and harmonizes the final outcome of the disputes that bear significant resemblance, thus eradicating the risk of having contradictory awards rendered on a closely related set…

Consolidation, Enforcement, India

(Shardul Amarchand Mangaldas & Co.)/ /1 Comment

This blog previously carried a post (“previous post”) on the Indian Supreme Court’s (“SC”) progressive approach to binding non-signatories to an arbitration agreement in Ameet Lalchand Shah and Others v Rishabh Enterprises and Another (“Ameet Lalchand”). The present post briefly discusses another aspect of this approach in context of Cheran Properties Limited v Kasturi and…

Arbitration Institutions and Rules, Consolidation, Emergency Arbitrator, Expedited arbitration, Expedited Proceedings

(Clifford Chance Asia) and (P&A Law Offices)/ /Leave a comment

Many arbitration centres trumpet innovativeness as their selling point. One commonly cited proof of innovativeness is ‘software upgrades’, i.e., centres revising rules to introduce new arbitral procedures. These are intended to make arbitration cheaper, faster, and fairer. Introducing New Arbitral Procedures – First Movers New procedures introduced over the past decade include emergency arbitration (“EA“),…

Arbitration, Consolidation, M&A

(Jingtian & Gongcheng)/ /Leave a comment
YSIAC

Introduction In many commercial transactions, there will be multiple agreements among various parties, and those agreements often contain “entire agreement” clauses to ensure that the parties are bound only by the terms of the agreement(s) they sign. However, such a clause may be invoked and interpreted in a way surprising to the parties, especially in…

Arbitral Tribunal, Arbitration, Consolidation, HKIAC, ICC, kompetenz-kompetenz, SCC, SIAC

(Drew & Napier)/ /1 Comment
YSIAC

The potential ramifications on a party’s right to challenge an award made in a consolidated proceeding should inform a party’s decision to adopt institutional rules or national arbitration laws that allow for consolidation. Ensuring as a preliminary matter that the mechanism for consolidation and any waiver provisions in the institutional rules or national arbitration laws…

Arbitration, Consolidation, Finland

(Hannes Snellman)/ /Leave a comment
Finland Arbitration Institute (FAI)

Introduction Consolidation means combining two or more arbitrations that are pending under a specific set of rules into a single arbitration proceeding. In appropriate circumstances, consolidation has various advantages. Most importantly, it eliminates the risk of having contradictory awards rendered in different proceedings on closely related sets of facts. Additionally, it makes for procedural and…

Arbitration, Consolidation, India

(Khaitan & Co.)/ /Leave a comment

Multi-party arbitrations arising out of multiple agreements between multiple parties containing different arbitration clauses give rise to complex issues to be answered by arbitral tribunals and Courts. While negotiating an agreement, parties rarely take into consideration the impact on the dispute resolution mechanism because of subsequent agreements with new parties. In a multi-party multi-agreement scenario,…

Arbitration Institutions and Rules, Collective redress, Consolidation, Disclosure, Joinder, Russia

(Karimullin Law Firm)/ /Leave a comment

As of 1 February 2017 shareholders in a Russian company may refer their corporate law disputes to arbitration. Still, except for disputes from share purchase agreements or those involving securities registrars, having an arbitration clause in a company charter, a shareholders’ agreement (“SHA“), or elsewhere which submits corporate disputes to arbitration is not enough. A…

Arbitration, Argentina, Consolidation, Latin America, Uncategorized, Uruguay

(Permanent Court of Arbitration)/ /Leave a comment

In Scherk v. Alberto-Culver Co, the US Supreme Court stated that “[a] contractual provision specifying in advance the forum in which disputes shall be litigated and the law to be applied is an almost indispensable precondition to achievement of the orderliness and predictability essential to any international business transaction.”  While this statement holds almost invariably…

Arbitration institution, Arbitration Institutions and Rules, Consolidation, Expedited arbitration, Joinder, Peru

(Universidad Nacional Mayor de San Marcos, Faculty of Law)/ /Leave a comment

In January 2017 the new Lima Chamber of Commerce Arbitration Rules (the “new LCC Rules”) will come into force. These rules seek to provide a better regulatory framework and improve the efficiency of arbitration by taking into consideration the world´s leading international arbitration institutions’ rules. Numerous key changes have been made to ensure the quality…

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…

Consolidation, HKIAC, HKIAC Rules, Hong Kong, Joinder

, (Debevoise & Plimpton LLP)/ /Leave a comment
HK45

The Hong Kong International Arbitration Centre (the “HKIAC”) has recently published a new Practice Note on Consolidation of Arbitrations (the “Practice Note”), which came into force on 1 January 2016. It is applicable to cases where a party submits a request for consolidation under Article 28 of the HKIAC Administered Arbitration Rules 2013 (the “HKIAC…

Arbitration Agreements, Awards, Consolidation, Set aside an arbitral award, The Netherlands

(NautaDutilh ) and (NautaDutilh)/ /Leave a comment
ArbitralWomen

The views expressed in this article are those of the authors alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the authors’ law firm. 1. Introduction In this overview, the highlights of the New Dutch Arbitration Act will be discussed. The New Act entered into force on 1 January 2015…

China, CIETAC, Consolidation, Joinder, Summary procedure

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

and Jim James & Trevor Tan Introduction The latest edition of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (the 2015 Rules), which came into force on 1 January 2015. These replace CIETAC’s 2012 Rules (the 2012 Rules). The 2015 Rules introduce procedural innovations adopted in past years by bodies such as…

Appointment of arbitrators, Arbitration Proceedings, Consolidation

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

Whilst many institutional rules now contain provisions which expressly address the complex issue of consolidation, the recently revised rules of the International Centre for Dispute Resolution (the “ICDR”), the international arm of the American Arbitration Association (the “AAA”), are the first to have introduced the novel concept of the “consolidation arbitrator”. Under the ICDR Rules,…

Consolidation, International arbitration, Joinder, WIPO Arbitration Rules

(Schellenberg Wittmer)/ /Leave a comment

By Philipp Groz and James Menz, Schellenberg Wittmer In March 2014, the Geneva-based World Intellectual Property Organization’s (WIPO) Arbitration and Mediation Center (the “Center”) presented the revised WIPO Arbitration Rules (“WIPO Rules”) and WIPO Expedited Arbitration Rules. The revised rules will enter into force on 1 June 2014 and apply to all WIPO arbitrations commenced…

Arbitration, Confidentiality, Consolidation, Due process, Efficiency, International arbitration

(LP Legal)/ /Leave a comment
ArbitralWomen

The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s law firm.1)Dr. Pair works at LP-Legal in Zürich, Switzerland. She is licensed to practice law in the US, Germany and Switzerland, and teaches at the Universities of Geneva and St. Gallen. Consolidation of multiple…