In its decision 4A_162/2011 of 20 July 2011, which was published on 2 September 2011, the Swiss Federal Supreme Court elaborated on the content of – and limits to – the right of parties to call witnesses. The arbitration which gave rise to the decision was between the Jamaica Football Federation and its former coach,…
The escalation of costs and delays in international arbitration and the consequent dissatisfaction of the system’s users have become prime subjects for users of and commentators on international arbitration.1)See, for example, Jean-Claude Najar, ‘Inside Out: A User’s Perspective on Challenges in International Arbitration’, Arbitration International, 25 (2009) 515, 517. An informal study by the Corporate…
This month marks two interesting developments in arb/med. First, as Kluwer wants you to know, they have added a mediation blog in addition to the arbitration blog. Well, it’s about 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…
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 concerning contracts allegedly tainted by corruption. Less than three weeks after that seminal lecture, the Singapore Court of Appeal in AJU v AJT [2011] SGCA…
Following the success of this widely-read blog, Kluwer are thrilled to announce to the launch of Kluwer Mediation Blog. In addition to posts from its distinguished Editors, Nadja Alexander and Bill Marsh, you can also enjoy comment and opinion from its team of regular contributors from across Europe, North and South America, Australasia and Africa….
I received the following call for papers from our friends at the ITA and thought I would share it with our readers: In collaboration with the Academic Council, the Executive 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….
In February 2011, the United States Supreme Court granted certiorari in Stok & Associates, P.A., v. Citibank, N.A, (No. 10-514). The question presented was whether, under the Federal Arbitration Act (“FAA”), a party should be “required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order…
In the summer of 2009, an ICSID tribunal ruled that various orders of the Bangladeshi courts that cumulatively denied Saipem (an Italian company) the benefits of an ICC award made in its favour constituted an unlawful expropriation of its investment. It held that the investor was entitled to compensation based upon the value of the…
Jerome Martin, Senior Associate at law firm Clyde & Co talks to Dubai Eye’s Business Breakfast radio show about Dispute Resolution in Saudi Arabia. I am posting this note and the link to listen to the podcast in full the for the benefit of our readers. “What chances you have if it all goes wrong…
Almost every country of the world has seen an enormous increase in the involvement of the State in economic activity over the past century. This trend is particularly pronounced in those economies, China foremost among them, in which the State takes an active role in commercial life. But can State owned entities and other private…
Videocon Industries Ltd. Vs. Union Of India & Anr. (on 11 May, 2011) The Supreme Court of India (the SCI) recently added to the contentious line of authority beginning with its ruling in Bhatia International v Bulk Trading SA (2002) (4) SCC 105 concerning the power of the Indian courts to intervene in arbitrations held…
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 alleges that Guatemala is failing to enforce its own labour laws, thus falling afoul of international legal obligations written into the U.S. Free Trade Agreement…
Empirical research shows that modern law students, at least at post-graduate level, wish to have some options to learn something about the skills of ‘lawyering’. Students often say that they want to have more than just the letters ‘LLM’ after their names. They pay substantial tuition fees to obtain these post-graduate degrees, and they wish…
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 Article 307 of the Swiss Criminal Code as perjury. Up to now, it was disputed by scholars whether the requirements for witness testimony in state…
In Galsworthy Ltd of the Republic of Liberia v Glory of Wealth Shipping Pte Ltd [2010] SGHC 304 (“Galsworthy”), the Singapore High Court held that a losing party to an arbitration seeking to challenge an arbitral award had the “alternative and not cumulative options” of applying to set aside the award, or, applying to set…
In a decision dated 14 June 2011 and published on 7 July 2011, the Swiss Federal Supreme Court dismissed an appeal to set aside an arbitral award holding that the right to the appointment of an expert by the tribunal is not violated where the respective request was not made in a timely manner and…
The recent global financial crisis has had a significant effect on the types of disputes submitted to arbitration in the major Asia-Pacific financial centres. Arbitration centres have responded with various measures to cater to more cost conscious clients, and to increase the efficiency of proceedings and to speed up the way proceedings are conducted. Governments…
The Supreme Court has arrived at what almost all arbitration practitioners and clients will view as the right result in the strange episode of Jivraj v Hashwani. The Supreme Court has unanimously allowed the appeal on the basis that an arbitrator is not an employee of the parties for the purposes of the Employment Equality…
The scope of Most Favoured Nation (MFN) clauses in bilateral investment treaties (BITs) has been a source of rich debate for many years. In sum, the debate centres around whether MFN “treatment” includes only substantive rules for the protection of investments, or if it also extends to procedural protections such as dispute resolution. There have…
Last week’s summer quiz on international arbitration and mediation provoked a happy flurry of answers from around the world from a broad range of practitioners. Before we get to the answers, here are some interesting observations from the empirical data that we unintentionally gathered. Conclusive Empirical Data about International Arbitration and Mediation Practitioners (“Practitioners”) As…
Toby Landau gave the keynote address at the recent ITA Workshop in Dallas and, as always, he was entertaining and provocative. One of the central themes of his discussion was 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…
If you live or work somewhere in the northern half of the planet, odds are that at some point this summer you’ll find yourself on a beach, cityscape, mountain, or other scenic destination surrounded with children relaxedly drawing on their coloring pads, and grandparents working attentively at their crossword. What about those of us who…
In a post dated March 2, 2011, I reported about a Swiss Supreme Court decision of February 20, 2009 where the Supreme Court had confirmed a CAS award which deemed an appeal withdrawn after the appellant had failed to pay the advance on costs. I indicated that I did not know what had happened to…
On March 22, the United States Court of Appeals for the Second Circuit held in Bechtel do Brasil Construções Ltda. v. UEG Araucária Ltda., 638 F.3d 150, that the question whether a claim subject to arbitration was time-barred was for the arbitrator, not the district court, to decide, notwithstanding a New York state law that…
