Introduction As noted in Part 1 of this two-part series, the ability to select an arbitrator is widely considered one of the most valuable characteristics of international arbitration. While Part 1 focused on removal of arbitrators for apparent bias, this Part 2 focuses on the parties’ ability to remove an arbitrator if he/she proves unable,…

Introduction The ability to select an arbitrator is widely considered one of the most valuable characteristics of international arbitration.  According to the Queen Mary University and White & Case 2015 International Arbitration Survey, selection of arbitrators was considered its fourth most important characteristic, with 38% of respondents rating it among their top three. Surely, then,…

A few months ago a piece was published on the Kluwer blog on s. 69 of the English Arbitration Act, a provision which gives a party to an English-seated arbitration a limited right of appeal on a point of law (absent an agreement to the contrary with its contractual counterparty).  Based on a review of…

An arbitration can be severely disrupted by a party who refuses to comply with an order or direction of its tribunal. In such circumstances, a peremptory order may be used to force the non-compliant party to comply with the earlier order or direction within a specific timeframe. An arbitral tribunal’s peremptory order was recently enforced…