By Jawad Ahmad1)Jawad Ahmad is an Associate (Foreign Lawyer) at Rajah & Tann’s International Arbitration and Construction Practice in Singapore. LLB in European Legal Studies (Kent) (First Class Hons.); LLM (UC Berkeley). Attorney-at-law (New York). and Paul Tan2)Paul Tan is a Partner at Rajah & Tann’s International Arbitration and Construction Practice in Singapore. LLB (NUS)…
Co-authored by Georg von Segesser, Benjamin Moss and Aileen Truttmann, Schellenberg Wittmer An arbitral tribunal’s relationship to state courts remains a complex and often contested topic. A particularly interesting question in this regard is whether a party to arbitral proceedings should be able to seek recovery of damages it was ordered to pay in state…
An English court recently ruled on important questions relating to arbitration due process. In Interprods Ltd v De La Rue International Ltd, [2014] EWHC 68 (Comm), the Queen’s Bench Division of the High Court dismissed an application to annul an arbitral award rendered by a sole arbitrator sitting in London. The circumstances that gave rise…
In keeping with our tradition of surveying readers on key developments in international arbitration, we invite readers with experience in mainland China to fill out our survey on the enforcement of international arbitration awards in China. Julian Ku, Bei Xiao and I have been studying this topic for several months now, and we note the…
Recent posts suggest that “double hats” – practitioners who also act as arbitrators – have finally taken interest in the role of a tribunal secretary. Several years ago it would have been unthinkable for partners in major law firms to spend their time concerning themselves with what the tribunal secretary does, let alone post Kluwer…
In two recent rulings (see Case No. ARB 002/2013 – (1) X1, (2) X2 v. (1) Y1, (2) Y2, ruling of the DIFC Court of First Instance, undated, 2014; and Case No. ARB 003/2013 – Banyan Tree Corporate PTE LTD v. Meydan Group LLC, ruling of the DIFC Court of First Instance of 27 May…
Between February and March 2014, the Survey on the Use of Soft Law Instruments in International Arbitration was open for responses here at Kluwer Arbitration Blog. The users were asked to report on their real-live encounters with the following instruments and notions: IBA Rules on the Taking of Evidence, IBA Guidelines on Conflicts of Interest,…
In keeping with our tradition of surveying readers on key developments in international arbitration, we invite readers with experience in mainland China to fill out our survey on the enforcement of international arbitration awards in China. Julian Ku, Bei Xiao and I have been studying this topic for several months now, and we note the…
Arbitration, or tahkim, has long-standing religious and cultural roots in the Middle East. However, there are also a number of differences and tensions between the Western perception of arbitration and certain Islamic legal principles and traditions which form the cornerstone of many Middle Eastern States. As the Middle East becomes more prominent in the global…
A recent amendment to Dubai Law No. (9) of 2004 Concerning the Dubai International Financial Centre (as previously amended by Dubai Law No. (14) of 2011), referred to as Dubai Law No. (7) of 2014 (Amending Law No. (9) of 2004 Concerning the Dubai International Financial Centre (DIFC)) and issued by the Ruler of Dubai…
Uniform jurisprudence on Sovereign immunity still seems a long distance away in international sphere for the reason that the national laws and approaches adopted by the States govern this issue. There have been attempts in the past to somehow streamline the approach by adopting legislations and, in a broader sense, by bringing a multilateral treaty….
Every now and then the arbitration society witnesses the filing of investor-state disputes in fields previously ‘unharmed’ by the spotlight of investment adjudication. Perhaps the most recent example is the ‘hydraulically fractured’ shale gas dispute against Canada (see Lone Pine v. Canada). In a similar manner, the Vattenfall II dispute over Germany’s nuclear phase-out has…
Assignment of benefits of arbitral awards is a standard business practice worldwide, undertaken by companies involved in international trade and supported by credit insurers. However, this practice may face some obstacles in Ukraine considering contradictory and poorly developed court practice of granting leave for enforcement upon an application submitted by any person other than a…
The Indian arbitration regime has seen a sea change in the last couple of years. Before the decision of the Indian Supreme Court (“SC”) in BALCO v. Kaiser Aluminium [Civ. App. No. 7019 of 2005] in 2012, the Indian judiciary was considered highly interventionist in its approach to arbitration. The reason for this was a…
and Meng Li, AnJie Law Firm For the last ten years, whether an arbitration clause such as “any disputes arising from, or in connection with, the execution of this agreement shall be resolved by arbitration” may be applied to an infringement claim has been a topic of heated discussion among the legal practitioners in China….
By Daniella Strik and Marc Krestin, Linklaters LLP The legislative proposal to modernise Dutch arbitration law has been unanimously adopted by the Senate of the Dutch Parliament today. For an informal English translation of the new law, please see here. A comparison between the new law and the 1986 Dutch arbitration law can also be…
By Manuela Caccialanza and Alessandro Villani, Linklaters LLP Another chapter of the never-ending West Tankers saga has recently concluded, seemingly scoring a success as to protection of a party’s right to arbitrate. On 4 April 2012 the High Court of Justice determined the appeal brought by West Tankers against the arbitration award that had denied…
In Honeywell v Meydan Group LLC ([2014] EWHC 1344 (TCC)) the High Court in London upheld a DIAC award against the owner of the Meydan Racecourse in Dubai, rejecting allegations that the underlying contract was procured through bribery. The decision is just one of a number of claims arising out of the construction of the…
By Philipp Groz and James Menz, Schellenberg Wittmer In March 2014, the Geneva-based World Intellectual Property Organization’s (WIPO) Arbitration and Mediation Center (the “Center”) presented the revised WIPO Arbitration Rules (“WIPO Rules”) and WIPO Expedited Arbitration Rules. The revised rules will enter into force on 1 June 2014 and apply to all WIPO arbitrations commenced…
The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s institution or the ArbitralWomen. Adam Raviv recently posted an entry about the Eleventh Annual ITA-ASIL Conference on class and mass claims in arbitration. Adam’s summary provides excellent insights into the importance of large-scale…
By Sapna Jhangiani and Khaled Moyeed, Clyde & Co LLP “To the question: What are the professional rules applicable to an Indian lawyer in a Hong Kong arbitration between a Bahraini claimant and a Japanese defendant represented by New York lawyers, the answer is no more obvious than it would be in London, Paris, Geneva…
For more information about ITAFOR, click here. To subscribe to ITAFOR, click here. The Institute for Transnational Arbitration (ITA), the Asociación Latinoamericana de Arbitraje (ALARB) and the Comitê Brasileiro de Arbitragem (CBAr), are pleased to announce the launch of a new online forum for the discussion of pertinent legal issues relating to arbitration of Latin…
Over the years Latin American countries have played an increasingly relevant role in the International Centre for Settlement of Investment Disputes (the “ICSID”), with the highest proportion – 27% – of all cases handled by the Centre. Despite the high percentage these same countries have been increasingly expressing their dislike about having to resolve their…
By Michael Polkinghorne & Charles B. Rosenberg, White & Case LLP The role of the tribunal secretary in international arbitration has been called an “enormously grey area” that has been subject to instances of “abuse.” With concerns of the secretary going beyond his or her position as an assistant to the tribunal and becoming a…
