Anti-Arbitration: It’s Not Hard to Mediate During Arbitral Proceedings
…time. Second, September heralds the much celebrated debut of the ICC’s new “Arbitration and ADR Rules”, at least for people who celebrate such things. As the name of the volume…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules%3A How to Apply the New Provisions
Singapore Court of Appeal re-affirms commitment to minimal intervention of arbitral awards at the intersection of illegality and public policy
At the Herbert Smith Singapore Management University Asian Arbitration Lecture delivered by Michael Hwang SC on 4 August 2011, Hwang SC discussed incisively issues concerning the enforcement of arbitral awards…
Kluwer Launches Mediation Blog
…the Slovenian Minister of Justice, was able to launch Kluwer Mediation Blog with a thought-provoking post considering whether mediation is a new mode of governance. In his words: “Every good…
ITA Call for Papers
…Committee and the Young Arbitrators Initiative of the Institute for Transnational Arbitration (ITA) are proud to announce the creation of a new annual Winter Forum. Building on the Academic Council’s…
Implied Waiver Of the Right to Arbitrate
…raised one affirmative defense, but made no reference to the arbitration provision. On February 23, 2009, Citibank sent Stok a letter electing arbitration. Stok rejected Citibank’s election, so Citibank filed…
State responsibility for non-enforcement of arbitral awards: revisiting Saipem two years on
…New York Convention. The tribunal acknowledged that the Bangladeshi courts had not failed to recognise the arbitration agreement and in that sense had complied with its obligations under Article II…
Radio Interview: Dispute Resolution in Saudi Arabia
…their legal position would be if they end up in a dispute. o There appears to have been a complete lack of consideration as to how a dispute would be…
Arbitral seat, Arbitration, Arbitration Awards, Arbitration clause, Crown Immunity, Dispute resolution clause, Sovereign Immunity
Who wears the crown? Immunity and the identification of the sovereign in Hong Kong
…consequences of an absolute (as opposed to a restrictive) doctrine of sovereign immunity, particularly in light of the restrictive rules on waiver of immunity which now apply in Hong Kong,…
India’s Changing Outlook on International Arbitration
…Bhatia case, the SCI held that the provisions of Part I of the Indian Arbitration and Conciliation Act 1996 (the Act) would apply to international arbitrations held outside of India…
CAFTA Labour Arbitration Should Play Out on Fast Track
If you’ve been watching the headlines this month, you may have noticed that the United States of America has launched a novel arbitration against the Republic of Guatemala. The claim…
Legal Education in the 21st Century
…‘legal education’ and learning the science (or art) of ‘lawyering’. The concept of compulsory continuing legal education (CLE) after qualification came about as a result of a number of elements…
Formal requirements for witness testimony in arbitration proceedings in Switzerland
The High Court of the Canton of Zurich had to examine in a recent case whether the allegedly false testimony of a witness in arbitration proceedings was punishable under the…
Arbitration, Arbitration Awards, Asia-Pacific, Enforcement, New York Convention, Set aside an arbitral award
Options Available To An Unsuccessful Party In An Arbitration
…in an arbitration interact. Generally, under the New York Convention, three general principles, which are by no means exhaustive, can be set out: a) The unsuccessful party in the arbitration…
The right to a tribunal appointed expert
…in detail why it did not follow the expert opinion submitted by X but gave preference to the opinion submitted by Y. Also, in the arbitration, X submitted its comments…
Emergency Arbitrators under the ACICA
…tribunal. In response to this need, the ACICA has updated its Arbitration Rules to include a set of Emergency Arbitrator provisions. The emergency rules, which establish a regime for emergency…
Jivraj v. Hashwani- Arbitrators Are Not Employees for the Purposes of Employment Equality
…into a joint venture agreement which contained an arbitration clause. The arbitration clause provided for specific and unusual appointment criteria: “All arbitrators shall be respected members of the Ismaili community…
Most Favoured Nation Clauses – No favoured view on how they should be interpreted
…dispute resolution provisions would theoretically allow the importation of an ICSID clause into a treaty that does not provide at all for international arbitration – this could be of particular…
Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation
Anti-Arbitration: Answers to the Summer Quiz!
…Fast Track? Answer (b). The following institutions have all adopted rules for expedited proceedings: • AAA/ICDR (see “Expedited Rules,” available at https://www.adr.org/sp.asp?id=22440#A8); WIPO (https://www.wipo.int/amc/en/arbitration/expedited-rules/); • SCC (see “Expedited Rules,” available…
Less is More?
…how arbitration counsel fail to present a case in a manner sensitive to the needs of the arbitration panel. “Inequality of Arms” is the term he used for the asymmetrical…
Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation
Anti-Arbitration: The Summer Quiz!
…Fast Track, Who Needs Fast Track? Which of the following arbitration institutions does not currently have rules for expedited, accelerated, or fast track arbitration (even for small claims)? a. AAA/ICDR…
Sports Arbitration and Due Process: The Sequel
…of an indemnity by a football coach to its former club following a transfer. The identity of the parties being revealed in this new decision, I will refer to the…
U.S. Court of Appeals Illustrates Obsolescence of Law that Allows Court to Consider Timeliness Challenge to Arbitrable Claim
…under the ICC rules, “except as these rules may be modified herein.” Each of the contracts also had multiple New York choice-of-law clauses, one of which provided that “[t]he law…
Antisuit Injunctions and International Law
…failure to consider and apply international legal obligations binding on the United States has resulted in reversible error. The preliminary injunction should be dissolved and the case dismissed. First, the…
The U.S. Supreme Court and Class Arbitration: A Tragedy of Errors
…compel individual arbitration as provided by an arbitration clause contained in the cell phone contracts of the Concepcions and other AT&T customers. Those arbitration clauses required arbitration of all disputes…