On 17 and 18 October 2024, the International Chamber of Commerce (ICC) and FIDIC co-hosted the annual ICC FIDIC Conference on International Construction Contracts and Dispute Resolution in Seoul. During the two-day conference, the speakers presented an update on developments and trends in the construction industry while sharing their insights into contracts and disputes. This…
On 23-24 May 2024, the vibrant city of Warsaw, Poland, hosted the highly awaited 7th Conference on Dispute Resolution in M&A Transactions. The event was organized by ICC Poland, ICC International Court of Arbitration, and GESSEL Attorneys-at-Law. The conference brought together more than 230 leading practitioners, experts, and scholars from around the world to explore…
International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law, and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode,…
On the first day of the 2023 Seoul ADR Festival, Secretariat Advisors hosted a double feature of panels relating to arbitration costs. The first panel focusing on the recovery of arbitration costs featured James Chun (foreign attorney, Kim & Chang), Inkoo Lee (manager, Secretariat), and Bruno Savoie (foreign attorney, City-Yuwa Partners). Messrs. Lee and Savoie…
Long before modern litigation or arbitration, Socrates famously cross-examined one of his accusers and, through systematic lines of questioning, undermined their claims. Though it did not save him Socrates looms large in the imagination of modern lawyers as one of the best cross-examiners of all time. Cross-examination is a complex, yet exciting discipline that requires,…
Just about everyone in the legal profession has made a small mathematical error in front of others and quipped, “well, that’s why I went to law school”. Clients hire lawyers for our legal reasoning, not for our abilities in arithmetic. For this reason, supplementing skilled legal analysis with input from industry and quantum experts is…
This post is a non-exhaustive summary of an online ICC YAF conference organised on 27 May 2021 primarily for the benefit of the Romanian and Moldovan practitioners, but with the participation of international practitioners having a general interest in construction arbitration in Eastern Europe. The conference comprised two panel discussions, each one debating one of…
On 21 April 2021, members of the executive committee of the Rising Arbitrator’s Initiative (RAI) hosted a discussion and Q&A session with Dr. Pablo Spiller (Compass Lexecon), who has testified as expert in more than 150 arbitrations across a broad range of sectors over more than two decades. The discussion was led by Paul Tan…
Arbitration proceedings most often involve complex disputes, where technical issues require specific technical, scientific, legal or financial expertise, leading parties to appoint one or more experts to support their position and assist the arbitral tribunal. The 2018 LCIA Note on Experts in International Arbitration reported that, out of some 300 new arbitrations registered each year…
The role of party-appointed experts in the arbitration process has been the subject of debate for many years. This debate is set to continue, given the increasing volume of cross-border transactions and growing number of organisations and industries embracing arbitration as a dispute resolution mechanism. As a result, disputes submitted to arbitration have become increasingly…
The use of expert witness is common in international arbitration. Recent discussions amongst Chinese practitioners have centered on the case related to the world-famous Chinese athlete Sun Yang in which the WADA’s expert opinion was believed to be material to the ruling of the CAS tribunal (“WADA vs. Sun Yang”).1)CAS2019/A/6148, World Anti-Doping Agency v. Sun…
In today’s busy and increasingly digitized world, pictures are the new words. The average human attention span has grown shorter and become more selective. In every facet of society, from the consumer landscape to business meetings, visual storytelling has emerged as key to delivering captivating content that commands a person’s undivided attention. This trend can…
The Young SIAC (“YSIAC“) Conference 2019 took place earlier today in Singapore, attracting young arbitration practitioners from all across the globe. The theme of the 2019 Conference was “Arbitration 2.0 – Navigating New Frontiers in International Dispute Resolution”, which explored the impact of various trends, technologies and innovations in international arbitration. Nonetheless, while trends may…
Located in the heart of Brussels, Europe’s capital and home to international organisations such as NATO, CEPANI, the Belgian Centre for Arbitration and Mediation, was founded on 25 September 1969. At that time, Belgium had just acceded to the Geneva Convention and was exploring ways to update its obsolete legal arbitration framework. Much has changed…
Arbitrators and tribunal-appointed experts are at all times obliged to disclose any and all circumstances that might give rise to doubts as to their impartiality and independence. This is one of the most fundamental duties to safeguard the legitimacy of arbitration. Yet, what are the consequences if they fail to do so? This question has…
Arbitration in the 21st Century requires some bold, fresh thinking. We must seek flexibility and innovation if legal civilization is to survive. 1) Thomas E. Carbonneau, The Law and Practice of United States Arbitration, xxix (6th. ed. 2018) Similarly, when the market speaks strongly, we should listen very carefully. We believe that open and free…
With 2018 drawing to a close, the UAE legislature has ushered in a long-awaited amendment to Art. 257 of the UAE Penal Code (see Decree issuing Federal Law No. (24) of 2018 amending certain provisions of the Federal Law no. (3) of 1987 issuing the Penal Code). Readers of Kluwer Blog will remember that that…
A new court dedicated to resolving art-related disputes was launched earlier this month in The Hague. The Court of Arbitration for Art (“CAA”) was founded by the Netherlands Arbitration Institute (“NAI”) in collaboration with Authentication in Art (“AiA”), a not-for-profit foundation that promotes best practice in art, particularly in art authentication. The CAA will administer…
Despite the heavy workload, practicing international arbitration can be fun; you are always challenged by disputes arising from a diversity of issues that test your ability to design the best strategy to achieve the best possible outcome for your client, combined with the complexity that a single case can reach and the many instances in…
An arbitration-friendly decision was rendered by the 11th Civil Chamber of the Turkish Court of Appeals (“Court of Appeals”) on 22 June 2016 [File no. 2016/4931, Decision no. 2016/6886]. The decision deals with the question as to whether the arbitral tribunal’s failure to refer the calculation of damages to experts constitutes a violation of public…
One of the perceived advantages of arbitration is that it allows parties to select one or more decision makers (arbitrators) with a level of technical or scientific expertise and professional experience higher than that of the average judge. Arbitration has always been welcomed as a fitting alternative to traditional litigation, where the judges tend to…
