Arbitral Tribunal, Costs, Costs in arbitral proceedings, IBA Guidelines on Party Representation, Sanctions

(González-Bueno & Asociados)/ /Leave a comment

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. Guidelines 26 and 27 of the IBA Guidelines on Party Representation in International Arbitration have again raised the debate on the extent that Arbitral Tribunals are entitled to deal…

Enforcement, New York Convention, Qatar, Set aside an international arbitral award

(Qatar International Center for Conciliation and Arbitration)/ /Leave a comment

Few days ago, the Qatari Supreme Court decided to overturn an earlier judgment of the Doha court of appeal which upheld a decision of the court of first instance to set aside an ICC arbitral award as being in violation of the Qatari public policy. The new ruling comes in rescue of the Qatari courts’…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Portugal, Treaty

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In his “Kiev Arbitration Days” after-dinner speech in November 2012 (“BITS, BATS and BUTS”), Gary Born presented a suggestion that can leave no one indifferent (speech published as “Essay” by Young Arbitration Review, March 2014 Edition). His idea is to take advantage of the legal framework and experiences gained from the world of investment arbitration…

Arbitration, ICCA Miami 2014

(Holland & Knight LLP)/ /Leave a comment

And so the twenty-second biennial Congress of the International Council for Commercial Arbitration officially comes to an end. But what progress have we made with respect to the challenges facing international arbitration? And, where do we go from here? Chief Justice Sundaresh Menon, the Chief Justice of Singapore, delivered his assessment of the progress made…

Arbitrators, Document Exchange, Document Production, ICCA Miami 2014, Interim Orders, Witness

(Holland & Knight LLP)/ /Leave a comment

How can arbitrators ensure the fair exchange of documents, and what role should arbitrators play in calling expert witnesses? When and how, if at all, should interim measures be used in international arbitration proceedings? These questions were tackled during a breakout session titled Arbitral Legitimacy: The User’s and Judge’s Perspectives at the ICCA Miami 2014…

Arbitration, ICCA Miami 2014

(Shook, Hardy & Bacon LLP)/ /Leave a comment

The April 8, Plenary Session, chaired by John Barkett (Miami) consisted of several presentations. 1. BG Group v. Argentina Mock Oral Argument There was a mock argument of the BG Group v. Argentina case, where the participants assumed that they were arguing at the U.S. Supreme Court and assumed that the recently issued opinion from…

Enforcement, ICCA Miami 2014, New York Convention

(Shook Hardy & Bacon LLP)/ /Leave a comment

On Monday, April 8, Shook, Hardy and Bacon LLP presented a breakfast program moderated by John Barkett and featuring Frank Cruz-Alvarez, Marike Paulsson, and Sergio Pagliery discussing how to make the New York Convention your best friend. In a nutshell, the panel gave three helpful practice pointers, as discussed below. First, make sure that when…

Disclosure, ICCA Miami 2014, Interim Orders

(Bilzin Sumberg Baena Price & Axelrod LLP)/ /1 Comment

ICCA 2014’s second break-out session of Monday, 7 April, tackled the challenging issues surrounding document production and interim measures in international arbitration. The discussion was informative and the audience participated with pointed questions and comments. The first panel, which addressed the issue of document production, was comprised of Moderator John Barkett and Panelists Stephen L….

Arbitration, Arbitration Institutions and Rules, ICCA Miami 2014

(Gomm & Smith)/ /Leave a comment

In the Justice Stream of Monday, 7 April, a panel of representatives from various arbitral institutions started by addressing the premise as to whether “Arbitral Institutions Can Do More to Further Legitimacy.” They finished grappling with a potential extension of this premise to its outer limits. For many users of the arbitration process, the institution…

Appointment of arbitrators, Efficiency, International arbitration, New York Convention, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations

(Bocconi University)/ /2 Comments
Arbitrator Intelligence

On this blog, I have previously (here and here) questioned existing practices for how arbitrators are selected and argued that a new approach is both necessary and long overdue. To briefly recap those previous posts, the selection of arbitrators is one of the most sensitive and critical moments in an arbitration. Arbitrators not only decide…

Arbitral Tribunal, Arbitration, Arbitrators, ICCA Miami 2014

(Bilzin Sumberg Baena Price & Axelrod LLP)/ /Leave a comment

On Monday, 7 April, at the 2014 ICCA Miami Conference, the international-arbitration community gathered to address the question, “Who are the arbitrators?” The answer, panel attendees were told, was “male, pale, and stale” – that is, a large majority of the individuals chosen to serve as international arbitrators are male, from North America or Western…

Evidence, ICCA Miami 2014, Standard of Proof

(Akerman LLP)/ /Leave a comment

In the early stages of an international arbitration, the arbitral tribunal should make sure that the parties understand the standard of proof that applies to each claim in the arbitration and identify the party that has to satisfy this burden. The decision on the standard of proof should also be incorporated as a substantive decision…

Arbitration, ICCA Miami 2014

(Kobre & Kim LLP)/ /Leave a comment

On Monday, 7 April, Linklaters started off bright and early with a tour through the emerging markets in Australasia, Africa, the Middle East and Latin America. The overall sentiment expressed by the panelists is that each of these regions may have challenges, but there are positive trends that merit interest and investment. In Australasia, panelist…

Arbitration, ICCA Miami 2014, Latin America

(Covington and Burling LLP)/ /Leave a comment

Kluwer Arbitration Blog offers an exclusive coverage of the ICCA Conference in Miami, 2014. The posts present the discussions and presentations of the Plenary Sessions, as well as of the panels of the “Precision” and “Justice Streams”, with comments from our collaborators from the following law firms: Bilzin Sumberg Baena Price & Axelrod LLP; Shook,…

Arbitration, European Union, Surveys

(The Hague University)/ /Leave a comment

A team at the Brunel Centre for the Study of Arbitration and Cross-Border Investment, led by Tony Cole, has been requested by the European Parliament to undertake a study on the law and practice of arbitration in the European Union and Switzerland under contract IP/C/JURI/IC/2013­047. The study concerns arbitration in all its forms, including international…

Appointment of arbitrators, Arbitrators, Domestic Courts, India, International arbitration, National Arbitration Laws

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The most quintessential element of international arbitration is an impartial, independent and neutral tribunal. Where impartiality and independence of the arbitrators is equated with direct relation to or bias towards one of the parties, neutrality is related to the nationality of the arbitrator. In international sphere, the “appearance of neutrality” is considered equally important, meaning…

Energy Charter Treaty, Investment Arbitration, Multiple Investment Treaties

(Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment

By Odysseas G. Repousis1)Research Assistant (HKU); PhD candidate (HKU), LLM in Arb&DR (Dist.-HKU), LLB (Hon.-UOA). Member of Young ICSID, of the ICC Young Arbitrators Forum and the Young International Arbitration Group. Email: odysseas@hku.hk. The author wishes to thank James D. Fry, Susan Karamanian and Tomasz J. Sikora for their wholehearted support and helpful feedback. The…

Arbitration Agreements, Argentina, BIT, Investment agreements, Investment Arbitration, Treaty, U.S. Supreme Court

(Linklaters LLP)/ /2 Comments

As reported earlier, the US Supreme Court has recently adjudicated on the issue of the standard of review in relation to arbitration agreements in international investment arbitration. It is a fact that the majority of the Court has decided that deference should be given to arbitral tribunals to examine questions of procedural conditions, as it…

Ad hoc arbitration, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, India

(ICC International Court of Arbitration)/ /Leave a comment

and Niyati Gandhi A done to death topic in arbitration gatherings in emerging markets, particularly in India, is the debate about ad hoc versus institutional arbitration. The basic arguments in favour and against both have been discussed time and again. However, renewed support for institutional arbitration can be found in two recent judgments from the…

Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Domestic Courts, Israel

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

Facts The applicant, Darie Engineering (Darie), and the first respondent, Alstom Transport SA (Alstom), had a business relationship spanning over 20 years in which Darie acted as Alstom’s representative in the transportation sector in Israel. Darie filed an action against Alstom and the second respondent, Alstom Israel Ltd. (the Respondents), in the Israeli District Court,…

Arbitration Proceedings, BIT, Foreign Investment Law, Investment, Investment Arbitration, Investment protection, Venezuela

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Linklaters

Apropos of a recent decision in ConocoPhillips v. Venezuela (ICSID Case No ARB/07/30), this post discusses the potential underlying concerns an arbitral tribunal may consider when deciding whether it can revise earlier decisions within the context of fragmented proceedings. Background The ICSID proceedings in ConocoPhillips v. Venezuela (ICSID Case No ARB/07/30) commenced in November 2007…

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(Hogan Lovells LLP)/ /Leave a comment
Hogan Lovells

By Maria Eugenia Ramirez and Roland M. Potts According to a recent study, as many as seventy-five percent (75%) of contracts entered into by the 500 largest global multinationals contain arbitration clauses.1)“Hogan Lovells commissioned a research study among the FT Global 500 largest global multinationals, as well as a selection of its own multinational clients,…

Enforcement, Investment Arbitration, Trade

(Notre Dame Law School)/ /Leave a comment

Simon Lester has a thoughtful response to my earlier post about using trade remedies to enforce arbitration awards. He questions whether conditioning GSP benefits on compliance with arbitration awards is consistent with WTO obligations. My answer is essentially yes. Because there are so many issues at play, I thought it best to respond in a…