International arbitration

Appointment of arbitrators, Arbitrators, Efficiency, International arbitration, Suggestions to improve transparency and access to usable data

(Arbitrator Intelligence)/ /2 Comments
Arbitrator Intelligence

As Rusty Park remarked, “[I]n real estate the three key elements are ‘location, location, location,’ … in arbitration the applicable trinity is ‘arbitrator, arbitrator, arbitrator.”’ Empirical studies consistently verify that parties’ ability to select arbitrators is one of the primary reasons they select arbitration as a means of dispute resolution. Parties also consistently vote with…

ICSID Convention, International arbitration, Investment agreements, Investment Arbitration, Investment protection, Latin America

(Investment Arbitration Reporter)/ /Leave a comment

In a recent blog post, Gary Born highlighted the current role of the Permanent Court of Arbitration in administering state-to-state arbitrations. Given that the PCA has recently released its Annual Report for 2011, I thought I’d complement Gary’s post with some further information about the PCA’s role in administering investor-to-state arbitrations. It’s useful to set…

ICC Arbitration, International arbitration, Investment Arbitration

(Conway & Partners)/ /Leave a comment

On September 10, 2012, The International Chamber of Commerce (“ICC”) in New York will be hosting the seventh annual conference. Located in New York City, the ICC Conference will be looking at investor-state arbitration, specifically under the rules of the ICC. The ICC has been working hard to build up its profile in the international…

Anti-arbitration, Costs in arbitral proceedings, Dispute resolution clause, International arbitration, Pro arbitration

(MDisputes)/ /2 Comments

Here are some recent issues colleagues or acquaintences tell me they are facing with international arbitration, without (or with slightly altered) information that might identify a particular proceeding or party. My own comments follow each. I invite readers to amplify with their own views on how to handle these situations, or compare with issues they…

Arbitral Tribunal, Discovery, International arbitration, Section 1782 Discovery, U.S. Supreme Court

(King & Spalding)/ /Leave a comment

Last week, the U.S. Court of Appeals for the Eleventh Circuit, which sits in Atlanta, waded into the debate concerning whether 28 U.S.C. § 1782 — which provides U.S. district courts with the power to order parties to give testimony or produce documents “for use in a proceeding in a foreign or international tribunal” —…

Appeal, Arbitration, Commercial Arbitration, Domestic Courts, International arbitration, Latin America, Section 1782 Discovery, South America

(Astigarraga Davis)/ /Leave a comment

On June 25th, 2012 the United States Court of Appeals for the Eleventh Circuit, which covers all federal appeals emanating from the states of Florida, Georgia and Alabama, decided that a private commercial arbitration tribunal in Ecuador used by the parties to resolve a commercial dispute is a ‘tribunal’ for purposes of the collection of…

Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, International arbitration

(Editor in Chief, ASA Bulletin; LALIVE)/ /1 Comment

On 1 June 2012, the new revised version of the Swiss Rules of International Arbitration (“Swiss Rules”) will come into force.  According to Article 1.3, the new Rules will apply to all Swiss Rules proceedings in which the Request for Arbitration is submitted after 1 June 2012, unless the Parties agree otherwise. The Swiss Rules…

Appointment of arbitrators, Arbitral seat, Arbitration Institutions and Rules, Arbitrators, Efficiency, International arbitration, Mediation, Seat of the arbitration

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

The China International Economic and Trade Arbitration Commission (“CIETAC“) has recently published its revised Arbitration Rules, which will come into force on 1 May 2012 (the “2012 Rules“). This is the seventh revision of the CIETAC Rules since they were first published in 1956. Whilst the majority of the changes in the 2012 Rules are…

Arbitration Act, International arbitration, Jurisdiction of the arbitral tribunal

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

Following a previous round of amendments in 2009 that came into effect on 1 January 2010, the Singapore Ministry of Law published further proposed amendments to Singapore’s International Arbitration Act (“the IAA”) on 8 March 2012. The proposals took into account views garnered from a public consultation process. There are four key proposals in this…

Annulment, International arbitration, Public Policy, Sport arbitration, Supreme Court, Switzerland

(von Segesser Law Offices)/ /Leave a comment

With its decision of 27 March 2012, the Swiss Federal Supreme Court held unlawful a disciplinary sanction by which FIFA threatened the football player Matuzalem with a lifetime ban in case he failed to pay a damage claim of his former club and employer. By an earlier decision of the CAS, Francelino da Silva Matuzalem,…

Arbitration Institutions and Rules, Arbitration Proceedings, ICSID Convention, International arbitration, International Courts, International Law, NAFTA

(Richmond School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Martinus Nijhoff Publishers, 2012) has just shipped. I am the (proud) editor and a contributor of the book and am delighted to have the opportunity to bring it to the attention of this group. I think it will be of special interest to arbitration practitioners….

International arbitration, Investment Arbitration

(Richmond School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The Annual Meeting of the American Society of International Law is next week (March 28 – 31) at the Fairmont Hotel in Washington, DC. (register here.) I have the honor to co-chair the meeting with Cymie Payne and Harlan Cohen and, together with a wonderful Program Committee, we put together a great program centered around…

Arbitration, Arbitration Institutions and Rules, BIT, Class arbitration, International arbitration, Investment agreements, Investment Arbitration, Investment protection

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

International arbitration has long played an important role in resolving disputes that arise out of political and economic crises.   “Arbitration in Times of Crisis” is the theme of the 9th Annual ITA-ASIL Conference on 28 March 2012 in Washington, D.C. (see program).   The conference will focus on lessons from the past use of arbitral mechanisms…

Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, International arbitration, Other Issues, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations

(White & Case LLP)/ /Leave a comment
White & Case

The views of lawyers involved in international commercial and investment arbitration are being sought for a new international arbitration survey from Queen Mary, University of London (QMUL). Conducted by QMUL’s School of International Arbitration and sponsored by White & Case LLP, the 2012 survey aims to examine whether a “harmonised international arbitration procedure is emerging,…

Domestic Courts, International arbitration, Investment Arbitration

(Legaleidescope)/ /1 Comment

It appears that the Supreme Court of Pakistan is gradually paying attention to developments in International Arbitration and to the negative remarks the Court received in the past for its hostility towards international arbitration proceedings. Without any stretch, the Supreme Court of Pakistan is widely quoted around the world as the case in point for…

Arbitration Agreements, Arbitration clause, Commercial Arbitration, Dispute resolution clause, International arbitration, Jurisdiction of the arbitral tribunal, Partial award, Set aside an international arbitral award, Switzerland

(Editor in Chief, ASA Bulletin; LALIVE)/ /Leave a comment

By Matthias Scherer and Sam Moss In a recent decision issued on 7 November 2011 on a request for annulment of a partial award on jurisdiction rendered by the Court of Arbitration for Sport (“TAS”), the Swiss Supreme Court recalled and applied its previous jurisprudence on the interpretation of pathological arbitration clauses (Case 4A_246/2011). The…

Annulment, Anti-arbitration, Appeal, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, BIT, Foreign Investment Law, ICSID Convention, International arbitration, Investment Arbitration, Jurisdiction of the arbitral tribunal, kompetenz-kompetenz, New York Convention, Pre-arbitration Dispute Settlement Procedures, Principle of finality, Set aside an international arbitral award

(Independent Arbitrator)/ /Leave a comment

It has become fashionable in recent years, each time an ICSID annulment decision is released that takes issue with the procedures or reasoning of an ICSID tribunal, for commentators to bemoan the lack of certainty, predictability and finality that this reflects in the ICSID system for adjudicating investment treaty disputes between investors and host States….

Arbitration Institutions and Rules, International arbitration

(Linklaters)/ /Leave a comment

The P.R.I.M.E. Finance dispute resolution services and its Arbitration and Mediation Rules were launched at the opening conference of P.R.I.M.E. Finance in the Peace Palace in The Hague on 16 January 2012. Dutch Minister of Finance Jan-Kees de Jager officially opened P.R.I.M.E. Finance, which offers dispute resolution services in the area of complex financial products….

Arbitrators, International arbitration, Sport arbitration

(von Segesser Law Offices)/ /Leave a comment

At its session of 15 November 2011, the International Council of Arbitration for Sports (ICAS) amended Article 14 of the Statutes of the bodies working for the settlement of Sport-related Disputes (Article S14) and abandoned the old regime which provided that with regard to the list of CAS arbitrators, the ICAS had to respect a…

Arbitration Proceedings, Discovery, Evidence, IBA Rules of Evidence, International arbitration

(MDisputes)/ /4 Comments

Conventional wisdom holds that one of the virtues of international arbitration is the ability to blend divergent procedures, generally referring to civil and common law traditions. The IBA Rules of Evidence, for example, seek to strike a balance among different legal cultures. “Harmonization” and “flexibility” are the terms commonly used to refer to this mixing…

Arbitration, Arbitration Awards, Damages, Damages experts, Fair market value, International arbitration

(FTI Forensic and Litigation Consulting)/ /3 Comments

A key part of an expert witness’s role involves explaining, in as clear terms as possible, complex accounting, economic and valuation concepts, to arbitration lawyers who may be less familiar with or even daunted by the world of finance. My suspicion is that expert witnesses could do much more to assist the arbitration community in…

Appeal, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Commercial Arbitration, International arbitration, International Courts, Jurisdiction of the arbitral tribunal, National Arbitration Laws, Russia

(White & Case LLP)/ /1 Comment
White & Case

On 7 October 2011 the Svea Court of Appeal ruled on whether an arbitral award should be declared invalid or annulled because the dispute – as alleged by the plaintiff – was not arbitrable under the Swedish Arbitration Act.1)Case no. T 6798-10. In finding that the dispute was arbitrable, the Svea Court considered several interesting…

Domestic Courts, International arbitration

(Conway & Partners)/ /Leave a comment

Is the international litigation gaining strength over international arbitration? Is it true that in-house counsel would rather fight it out in the courts of the country versus dealing with arbitrators who take too long, expensive attorneys in the international arbitration arena and the threat that the country involved will find a way to not recognize…