New International Commercial Mediation Rules in Japan
…provide a mediator if requested. As with party-led mediations the parties will have a free hand to decide, along with the mediator, how they wish the proceedings to be managed…
Search Results for: third party funding
Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Investment Arbitration
Are Unilateral Appointments Defensible?
…contractual limitation, such as a requirement that no arbitrator may have the nationality of any party. In the absence of such a restriction, a party may find it politically impossible…
Pitfalls in proceedings to set aside an arbitral award in Switzerland
…jurisdiction, the tribunal lacked jurisdiction to come to a binding decision regarding a party’s standing and was therefore limited to issuing a procedural decision on jurisdiction. The Federal Supreme Court…
English court sets aside an award on the basis of serious irregularity, but confirms the doctrine has limited scope
…proceedings causing substantial injustice to a party) remains a high bar to establishing that an arbitral award should be set aside. The case is also unusual in that the dissenting…
Jura Novit Curia? The Arbitrator’s Discretion in the Application of the Governing Law
…causation. However, in order to support its decision, the CAS added a supplemental reasoning by relying on a Federal Statute, to which neither party had alluded to. This Federal Statute…
Arbitration of International Financial Disputes
…can permit unnecessarily extensive document production (particularly compared with civil law courts); (viii) arbitration is problematic in multi-party disputes; (ix) arbitral confidentiality means that proceedings cause less embarrassment to the…
A Ghost Laid to Rest?
…– Searle (UK) claiming not as a party to the arbitration agreement, but as a party claiming “through or under” Searle (US) (what is now section 82(2) of the Arbitration…
Non-Party Discovery in International Arbitration
…in the literalist camp on the issue of non-party discovery under the FAA. The Third Circuit agrees that non-party pre-hearing discovery is prohibited. See Hay Group, Inc. v. E.B.S. Acquisition…
The Softwood Lumber Arbitration and Retrospective Trade Remedies
…restrictions to compensate for the breach, if the party “fails to cure the breach within a reasonable period of time.” Under Article XIV:24, these adjustments apply from the end of…
Arbitrators: judges or not? An EC approach…
…an arbitral tribunal constituted pursuant to an arbitration agreement is purely private in nature because its authority derived only from party autonomy and therefore it is not a “court or…
The Future of Interim Relief in International Disputes
…courts? Domestic courts, certainly those in the United States, have required the satisfaction of a condition lacking in the ICJ and other international tribunals: A successful party requesting interim relief…
American Anti-Arbitration Legislation – A Threat?
…the arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.” Unlike the 2007 version,…
Can an award be enforced in Switzerland while its execution is suspended at the foreign seat of arbitration?
…restrictively for facilitating the enforcement of foreign awards. The decision, on its face, only concerns the situation where the losing party has not (yet) initiated setting aside proceedings. However, the…
Paris Court of Appeal Confirms Importance of Estoppel in International Arbitration
…before the Golshani decision to prevent a party from seeking the annulment of an arbitral award based on arguments not raised before the arbitral tribunal. The consistent reference to the…
Born and Arbitral Awards
…and more often. And they should be. The case for compound interest if the winning party is to be made whole is, in economic terms, unanswerable. A remarkable aspect of…
Arbitration Awards, Arbitration Institutions and Rules, Arbitrators, International Legal Theory and Teaching, Investment Arbitration
Legal Realism in International Arbitration
…case interpreted the exact same BIT to provide no such guarantee. Arbitrator B never votes against the party that appointed him. Arbitrator C has over two dozen arbitrations at any…
Competition for the New York Convention?: The U.S. Signs The Hague Choice of Court Agreements Convention
…forum agreement is null and void under the law of the chosen court; (ii) a party lacked the capacity to conclude the agreement; (iii) enforcing such agreement would lead to…
Gary Born on the Role of Arbitrators
…The author explains the importance of the principle of party autonomy, as a basic pillar of arbitration, nevertheless limited by the applicable laws to safeguard the independence and impartiality of…
Arbitration Institutions and Rules, Arbitration Proceedings, Domestic Courts, Enforcement, International Courts, International Legal Theory and Teaching, Investment Arbitration
Repudiation of International Arbitration Agreements and the Public Interest
…provides in Article 27: “A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.” The International Law Commission’s 2001 draft…
A complex matter: Bank guarantees and arbitration agreements
In a recent decision dated 10 October 2008 (4A_224/2008), the Swiss Federal Supreme Court found an arbitral tribunal competent to decide on a party’s request that its contractual partner should…
ECJ in West Tanker Shocker: London Anti-suit Injunctions Fall Foul of EC Law
…the arbitration agreement, a party could avoid the proceedings merely by relying on that agreement and the applicant, which considers that the agreement is void, inoperative or incapable of being…
Challenging Challenges
…a party’s barrister-counsel because he was a member in the same chambers as the chairman of the tribunal. The Ruling does not of course create a precedent and the reasoning…
Arbitration Proceedings, Domestic Courts, International Courts, National Arbitration Laws, Section 1782 Discovery
U.S. Discovery in Aid of International Arbitration: Recent Developments
…to a foreign litigation are found in the U.S., a party to the proceeding may petition a U.S. federal district court for discovery. Of potentially more interest to readers of…
Is Chairperson Biased when Representing Counterparty in Another Lawsuit?
…of the parties in the past, but as counsel of the counterparty of one of the parties (party X) in another lawsuit. X requested that the chairman be declared biased…