Institutional Rules

Asia-Pacific, Best practices, Institutional Rules, Japan, Japan Commercial Arbitration Association, JCAA

(City-Yuwa Partners ), (Miura & Partners), and (City-Yuwa Partners)/ /Leave a comment

This year, Japan held its first ever Japan International Arbitration Week (JIAW) in Tokyo from 18-22 November 2024.  Previously held as a standalone event for the first time last year, this year’s Japan Commercial Arbitration Association (JCAA) Arbitration Days featured an expanded two days of sessions in English followed by one day of sessions in…

Institutional Rules, Mediation and Dispute Management, Reform, Settlement

(ArbBoutique) and (International Chamber of Commerce)/ /1 Comment

The advantages of parties settling their disputes are self-evident. While there are several settlement facilitation techniques that arbitral tribunals have developed (see Carrara, Sussman & Berger and Vysudilova & Kirtley), arbitral institutions have remained in the background. At the 8th ICC European Conference in March 2024, the message conveyed by the parties was loud and…

Conference, Diversity, Institutional Arbitration, Institutional Rules, International arbitration, International Arbitration Procedures, International Commercial Arbitration, International Commercial Courts, LIDW 2024, Technology

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Day 3 of the London International Disputes Week (“LIDW”) featured an extensive discussion (the “Arbitral Institutions’ Congress”) by representatives of various arbitral institutions at the historic Parliament Chamber at Middle Temple co-hosted by McNair, Clyde & Co, and Osborne Clarke. The present post summarises the discussions held during the event.   Statistics and Views From…

Arbitration Agreement, Australia, Hague-Visby Rules, London Maritime Arbitrators' Association, Maritime Arbitration, Referral to Arbitration, Stay of Proceedings

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In Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4 (“Carmichael v BBC”), the High Court of Australia (“High Court”) upheld a stay of proceedings in the Federal Court of Australia (“Federal Court”) in favour of a London Maritime Arbitrators Association (“LMAA”) arbitration seated in London. This unanimous…

Africa, Institutional Rules, Interview, Interviews with Our Editors, LACIAC, Nigeria, Nigeria Arbitration and Mediation Act

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Abimbola Akeredolu, SAN is a partner in the Litigation, Arbitration and Alternative Dispute Resolution practice at the Nigerian law firm Banwo & Ighodalo and the Chairman of the Lagos Chamber of Commerce International Arbitration Centre. She has more than 30 years of experience in commercial, intellectual property, tax, insolvency, labour and industrial disputes. Her experience…

Appointment of arbitrators, Asia-Pacific, Climate change, Court Assistance, Expedited arbitration, Expedited Proceedings, Insolvency, Institutional Rules, Investor-State arbitration, Northeast Asia, SIAC, SIAC Symposium 2023, Singapore, Singapore International Arbitration Centre, Southeast Asia, Technology

(Sidley Austin LLP) and (Allen & Overy LLP)/ /Leave a comment
YSIAC

The Singapore International Arbitration Centre (“SIAC”) held the SIAC Symposium, its flagship conference, during the Singapore Convention Week on 28 August 2023. The SIAC Symposium featured a conversation with Minister K Shanmugam, SC (Minister for Home Affairs and Minister for Law, Singapore) and a plenary address by Justice Judith Prakash (Justice of the Court of…

Arbitration, Arbitration Institutions and Rules, Asia, Asia-Pacific, Institutional Arbitration, Institutional Rules, Intellectual Property, Intellectual Property Rights, International arbitration, KCAB, Korea, South Korea

, (Korean Commercial Arbitration Board (KCAB))/ /Leave a comment
KCAB International

In recent years, there has been a significant increase in IP cross-border disputes, including in non-traditional sectors. The Korean Commercial Arbitration Board (“KCAB”), which is the sole arbitral institution in Korea that is statutorily authorized to settle disputes under the Korean Arbitration Act, has experienced a gradual increase in IP-related cases. This article aims to…

Civil Law, Institutional Rules, Japan, Japan Commercial Arbitration Association, JCAA, Prague Rules, Settlement

(Mori Hamada & Matsumoto)/ /Leave a comment

In recent years, criticism that international arbitration rules lean too heavily on common law traditions—with similar legal costs as a result—has culminated in the creation of multiple new sets of arbitration rules, each claiming to facilitate more efficient arbitration proceedings through civil law-based case management strategies. Whether those rules actually result in more proactive management…

Code of Conduct, Conflicts of interest, Disclosure, double hatting, ICSID, Independence and Impartiality, Institutional Rules, Investment Arbitration

(Chaffetz Lindsey LLP) and (Holland & Knight LLP)/ /Leave a comment

The New York International Arbitration Center’s (“NYIAC”) annual Grand Central Forum took place on 13 July 2022. The event coincided with the 55th session of the United Nations Commission on International Trade Law (“UNCITRAL”) held in New York which, among other topics, focused on the recent fourth draft of the joint ICSID-UNCITRAL Code of Conduct…

Cybersecurity, Document Production, Evidence, Institutional Rules, TIAC, Uzbekistan

(Bryan Cave Leighton Paisner LLP), , and (Tashkent International Arbitration Centre)/ /Leave a comment

Since its establishment in 2018 by the Chamber of Commerce and Industry of Uzbekistan, the Tashkent International Arbitration Centre (the “TIAC”) has kept abreast the evolution of the global social and economic climate and modern international arbitration practices, and sought to modernize its administration of international arbitrations to meet current and future challenges faced by…

Class arbitration, Institutional Rules, KCAB, Korea, Legislation

, (Barun Law LLC)/ /Leave a comment

In a class action lawsuit, a plaintiff or group of plaintiffs bring claims on behalf of similarly situated individuals. The legislatures in some civil law countries including Korea, have recently proposed or implemented measures allowing or expanding the use of class actions in their court systems. Considering that Korea currently does not have in place…

Arbitral seat, Arbitration Act, Arbitration institution, Institutional Rules, Japan, Japan Commercial Arbitration Association, JCAA

(Nagashima Ohno & Tsunematsu Singapore LLP) and (Nagashima Ohno & Tsunematsu)/ /Leave a comment

On 31 May 2021, the Japan Commercial Arbitration Association (“JCAA”), Japan International Dispute Resolution Center (“JIDRC”), and the Japanese Ministry of Justice (“MoJ”) co-hosted a webinar on developments in arbitration in Japan and Japan’s potential as an international arbitration hub. Some of the key takeaways from the event include: positive experiences with the physical and…

Egypt, Lloyd’s Standard Salvage and Arbitration Clauses, London Maritime Arbitrators' Association, Maritime Arbitration, Maritime Arbitration Rules of the New York Society of Maritime Arbitrators, MENA, Middle East, Shipping, York-Antwerp Rules

, (Quadrant Chambers)/ /Leave a comment

The grounding of the container carrier “EVER GIVEN” in the Suez Canal in March 2021 has been dubbed by some as “shipping’s 15 minutes of fame”. This post hitches its star to that wagon and considers the contracts, claims and dispute resolution clauses likely to be affected by this casualty.   The Casualty, Salvage and…

Arbitration institution, Institutional Rules, Interviews with Our Editors, Japan, Japan Commercial Arbitration Association, JCAA

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Professor Masato Dogauchi is a Chief Arbitration and Mediation Officer of the Japan Commercial Arbitration Association (“JCAA”), Professor of Law at Waseda University Law School, and Professor Emeritus at the University of Tokyo. He has authored numerous publications in the areas of arbitration, international civil procedure, and private international law. He has sat as arbitrator,…

Ad hoc arbitration, India, Institutional Arbitration, Institutional Rules, Interviews with Our Editors, Mumbai Centre for International Arbitration (MCIA)

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In this installment of Kluwer Arbitration Blog’s “Interview with our Editors”, we highlight India’s position in the field, by speaking with Madhukeshwar Desai and Neeti Sachdeva of Mumbai Centre for International Arbitration (MCIA). Madhukeshwar, its CEO, and Neeti, its Registrar & Secretary-General, jointly present MCIA’s journey since its establishment in 2016. They also discuss how…

Arbitration, Arbitration Institutions and Rules, Institutional Rules, International arbitration, PCA, Permanent Court of Arbitration, Space Arbitration

and (King & Spalding)/ /Leave a comment

Nearly a decade ago, the Permanent Court of Arbitration (“PCA”) published its Optional Rules for Arbitration of Disputes Relating to Outer Space Activities (“PCA Outer Space Rules” or “Rules”).  Unlike the five United Nations treaties on outer space, the Rules provide for a voluntary and binding dispute resolution process accessible to all space actors.  Notably,…

2020 In Review, Arbitration institution, Arbitration Institutions and Rules, BIT, Institutional Rules, Investment Arbitration

(The Australian National University)/ /Leave a comment

In 2019, we were wondering whether winter had come to Investor-State Dispute Settlement (ISDS), bringing with it a decline in the negotiation and conclusion of bilateral investment treaties. Looking back on 2020, we are left asking ourselves a similar question. This post will examine the year’s major institutional developments and their effects on ISDS both…

COVID-19, DIS, ICC Arbitration, ICC Rules, ICSID Arbitration, Institutional Arbitration, Institutional Rules, ISDS, ISDS Reform, KCAB, Mediation, PCA, SCC, SIAC, UNCITRAL

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On 5-6 November 2020, reputable arbitration practitioners joined together for the 9th Asia Pacific ADR Conference and shared their experiences and insights on the latest developments in the arbitration landscape. Due to the ongoing COVID-19 pandemic, the annual conference took place virtually. It successfully attracted approximately 15,000 participants across 50 countries. The event was co-hosted…

China, Enforcement, Free Trade Zones, Hainan, HIAC, Institutional Rules, Med-Arb

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The designation of Hainan province as a Free Trade Zone (FTZ) in 2018 has sparked a great deal of interest for foreign investors. The proposal for a globally influential free trade port, by the middle of the century, makes Hainan an exciting prospect and a potential venue for new foreign investment. Such a proposal demonstrates…

Institutional Rules, KCAB, Online Arbitration, Online Dispute Resolution, Seat of the arbitration, Virtual hearings

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Online dispute resolution (“ODR”) in international arbitration has been made feasible by the development of technology and its use has been stimulated by the Covid-19 pandemic that gave rise to higher demand for virtual proceedings. UNCITRAL Technical Notes on Online Dispute Resolution defines ODR as “a mechanism for resolving disputes through the use of electronic…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, COVID-19, Institutional Rules, International arbitration, International Commercial Arbitration, SIAC, Virtual hearings

(SIAC)/ /1 Comment

Background There is much public discourse on the impact of the ongoing pandemic on international arbitrations. Commentators and scholars have provided perspectives on how to navigate and find safe harbours in the uncharted waters of COVID-19. In the “new normal” of wide-ranging travel advisories and restrictions, there is an emerging consensus to better integrate the…

Georgia, Impartiality, Independence, Independence and Impartiality, Institutional Arbitration, Institutional Rules, Interim measures, Unconscious Bias

(Singapore International Dispute Resolution Academy)/ /Leave a comment

Recent legislative developments have shown that Georgia strives to become a hub for dispute resolution in the Caucasus region. The legislative framework on commercial arbitration is now fully tailored to the needs of international commercial arbitration: the law of Georgia on arbitration (the “Law on Arbitration”) is based on the UNCITRAL Model Law on International…

CAM, Emergency Arbitrator, Institutional Rules, Interim measures, Third party funding

(University of Naples "Federico II")/ /Leave a comment
Young ICCA

On 1 March 2019 the Milan Chamber of Arbitration issued its amended Arbitration Rules (the “2019 Rules’”) with the aim of improving “the efficiency and the rapidity of arbitral proceedings [while] ensuring the necessary guarantees.”  This objective follows the current international trend.  Indeed, in the last decade, several arbitral institutions have revised their rules in…

HK Arbitration Week, Hong Kong, Institutional Arbitration, Institutional Rules, Procedure

, (Holman Fenwick Willan LLP)/ /Leave a comment

Introduction Even a cursory analysis of the history of the procedural rules of leading arbitral institutions demonstrates that procedural rules are increasing in number and becoming ever more comprehensive in their scope. Institutional rules now cover, largely without exception, joinder, consolidation, emergency arbitrator provisions, and expedited procedures. And adding to this, as institutions seeking to…