Reform

2019 In Review, Arbitration, Australia, New Zealand, Reform, Regional Comprehensive Economic Partnership

(Australian National University)/ /Leave a comment

2019 has seen a series of important arbitration-related developments for Australia, New Zealand and the Pacific. This post highlights selected key arbitration developments in these States from the past 12 months. It focuses on several domestic arbitration law reform efforts and on important developments in respect of investor-State arbitration.   Domestic Arbitration: Legal Developments and…

Arbitration, Arbitration Act, New Zealand, Reform, Trust

(Bankside Chambers)/ /Leave a comment

Introduction On 8 May 2019, the Arbitration Amendment Act 2019 (the Amendment Act) came into force.  It amends the Arbitration Act 1996 and is a much watered-down version of the original proposal.  The Amendment Act makes three changes: (i) the insertion of a new waiver sub-clause in Article 16 of Schedule 1 of the Arbitration Act (which…

Arbitration, Arbitration Act, Confidentiality, Confidentiality and Transparency, New Zealand, Reform

(Stout Street Chambers)/ /Leave a comment

Introduction: the Arbitration Amendment Act 2019 Arbitration law reform is often portrayed in terms of relentless progress towards enlightenment: towards greater party autonomy, increased efficiency, reduced judicial interference, and more certain enforcement. In important areas of arbitral law and practice, that is an accurate narrative: the acceptance of the principles of Kompetenz-Kompetenz and separability, for…

Allocation of costs, conflict of interest, Consistency, ICSID Procedure, Panel of Arbitrators, Reform

(British Institute of International and Comparative Law (BIICL))/ /Leave a comment

On 13 November 2018, ICSID will present its new proposed amendments at a major conference in London. This round of amendments aims, among other things, to modernize the ICSID procedure based on case experience, simplify the rules, and make the process increasingly time and cost effective while maintaining due process and a balance between investors…