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Arbitral seat, Arbitration, Arbitration Act, Asia-Pacific, Confidentiality, Enforcement, International arbitration, kompetenz-kompetenz, Mediation, National Arbitration Laws, New York Convention, Seat of the arbitration, UNCITRAL Model Law

New Hong Kong Arbitration Ordinance comes into effect

Justin D'Agostino (Herbert Smith Freehills)/June 1, 2011 /Leave a comment

Herbert Smith Freehills

…of certain key features of the new regime including: 1. the abolition of the distinction between ‘domestic’ and ‘international’ arbitration (and the transitional provisions which apply in the context of…

Actual expenditure, Arbitration, Damages, Damages experts, Expert evidence

On quantifying known unknowns

Anthony Charlton (FTI Forensic and Litigation Consulting)/May 26, 2011 /Leave a comment

…may be appropriate when discounting future cash flows to increase discount rates above those that might otherwise apply. If a company is new and management relatively inexperienced, it may be…

International arbitration, Lawyers and Psychologists, Memory and illusions

The Invisible Gorillas in International Arbitration?

Susan D. Franck (Washington and Lee University School of Law)/May 26, 2011 /2 Comments

Institute for Transnational Arbitration (ITA)

…arbitration. For practitioners, it can affect how we consult with clients, gather evidence to support a position, make arguments to a tribunal, or interpret results for our clients. For arbitrators,…

Appeal, Appointment of arbitrators, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, Commercial Arbitration, Dispute resolution clause, Domestic Courts, Enforcement of an arbitration clause, English Law, ICC Arbitration, Nationality requirement in arbitration clauses, Supreme Court

Jivraj v. Hashwani – Are Arbitrators Employees?

Paul Cowan (White & Case LLP)/May 25, 2011 /2 Comments

White & Case

…nationality of arbitrators – either expressly or through the incorporation of institutional rules, including the ICC, LCIA and UNCITRAL rules (e.g. in order to support the arbitrator’s perceived neutrality). Since…

Arbitration, Jurisdiction of the arbitral tribunal, Pre-arbitral procedure, Set aside an arbitral award, Supreme Court, Switzerland

Multi-tier Dispute Resolution Clauses: Swiss Supreme Court Considers Impact Of (Omitted) Pre-arbitral Expert Appointment and Conciliation on Arbitral Tribunal’s Jurisdiction

Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)/May 25, 2011 /Leave a comment

In a recent decision, the Swiss Supreme Court examined whether contractual provisions contemplating certain procedural steps before initiating arbitration proceedings impacted the jurisdiction of the arbitral tribunal (Case no. 4A_46/2011…

BIT, Investment Arbitration, Pre-arbitration Dispute Settlement Procedures

Negotiation Clauses in BITs – Empty Words?

Claudia Ludwig (Herbert Smith Freehills LLP)/May 24, 2011 /Leave a comment

Herbert Smith Freehills

…Slovakia argued that this was a condition precedent to arbitration which had not been met by Alps and that Slovakia’s consent to arbitration was therefore missing and the Tribunal lacked…

Asia-Pacific

Singapore Apex Court Lays Down Clear Framework for Arbitrability of Insolvency-Related Claims

Darius Chan (Norton Rose Fulbright)/May 23, 2011 /Leave a comment

YSIAC

…considered non-arbitrable under Singapore law. In seeking to strike the delicate balance between its robust pro-arbitration stance and its insolvency regime, the Court’s underlying philosophy strives to give the private…

Appeal, Arbitration, Principle of finality, Review on the merits

Is The Principle Of Finality “Losing Its Appeal”?

Alejandro I. Garcia (Herbert Smith Freehills LLP)/May 18, 2011 /1 Comment

Herbert Smith Freehills

…that defendants would bet the company with no effective means of review […].” Elsewhere, on 15 March 2011, the Arbitration Rules of the Spanish Court of Arbitration introduced (on an…

Arbitration

Whereto now, the Italian Torpedo?

Kate Davies (Allen & Overy LLP)/May 16, 2011 /Leave a comment

YIAG

…the arbitration agreement.) Unfortunately, the Court of Appeal disagreed and parties who had entered into what the English court regarded as a valid and binding arbitration agreement nonetheless found themselves…

BIT, Compensation for Moral Damages, International Law, Investment Arbitration, Investment protection

Moral Damages in Investment Arbitration

Luke Eric Peterson (Investment Arbitration Reporter)/May 15, 2011 /Leave a comment

…However, in a recently-concluded ICSID arbitration proceeding, a tribunal grappled at considerable length with the claimant’s $3Million (US) moral damages request. You can find a fuller accounting of the Joseph…

Anti-arbitration, Arbitration, Arbitration clause, Arbitration Institutions and Rules, ICC Arbitration, Joinder

Anti-Arbitration: Drafting?

Michael McIlwrath (MDisputes)/May 11, 2011 /1 Comment

…website say nothing about joint appointments or disputes involving multiple parties, and the ICC’s arbitration rules themselves do not provide for joinder. Thus, to address just this one line in…

Annulment, ICSID Convention, Investment Arbitration

Reconsidering ICSID Awards

Tai-Heng Cheng (New York Law School)/May 11, 2011 /Leave a comment

Institute for Transnational Arbitration (ITA)

…that provide for ICSID arbitration, and finally on the decision of investors to bring an ICSID arbitration when it gets into a foreign investment dispute with a host state. In…

Arbitration, International arbitration

A sixty month makeover: reinventing India as an “arbitration-friendly” jurisdiction

Promod Nair (J. Sagar Associates)/May 10, 2011 /2 Comments

…arbitration in India. It will also need a pro-arbitration legal framework and a judiciary that is supportive of arbitration. Equally essential are a pool of lawyers who are skilled in…

Arbitration Institutions and Rules, Commercial Arbitration, Legal Practice

Reflections on Vis From the Winning Team

Roger Alford (General Editor) (Notre Dame Law School)/May 5, 2011 /1 Comment

…arbitration rules were the subject of this year’s moot. His final words were to announce that the University of Ottawa had won. You can imagine the jumping up and down…

Costs

Some Cost Consensus?

Nicolas Ulmer (Budin & Associés Avocats)/May 4, 2011 /2 Comments

…not listed all who posted material on this timely theme. This spring Arbitration International published my article “The Cost Conundrum”, where I argued for reforms in the “arbitration industry”, but…

Arbitration, Arbitration Institutions and Rules, Middle East

Egypts Unrest – Dubai’s Moment of Opportunity?

Lisa Bench Nieuwveld (Conway & Partners)/May 2, 2011 /4 Comments

…the leading arbitral institute for the Middle East resides. The Cairo Regional Centre for International Arbitration (the Cairo Centre) has enjoyed being the leading international arbitration in the Middle East…

Arbitration, Costs, Europe, Switzerland

Waiver of an Arbitration Agreement Resulting from a Party’s Failure to Pay the Advance on the Costs of the Arbitration

Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)/May 1, 2011 /1 Comment

According to the rules governing domestic arbitration (Art 30 of the Concordat on Arbitration, and, as of 1 January 2011, Art. 378 of the Swiss Federal Code on Civil Procedure),…

Arbitration, Arbitrators

Oral Hearing and Party-Appointed Arbitrators: Guess?? Yep! That’s Who Appointed Them!

Lisa Bench Nieuwveld (Conway & Partners)/April 20, 2011 /2 Comments

…of the perks of international arbitration – the ability to shop around for the arbitrator. True, but shopping around for the most qualified arbitrator would remain a perk even if…

International arbitration, New York Convention, North America, United States

New York Court Grants Pre-Award Attachment in Aid of a Foreign-Seated International Arbitration

Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP)/April 18, 2011 /3 Comments

WilmerHale

…N.Y. App. Div. LEXIS 1709, bolsters New York’s reputation as a jurisdiction friendly to international arbitration. In this case, which involved two non-U.S. parties in an arbitration seated in Singapore,…

Arbitral seat, Arbitration, Arbitration Institutions and Rules

The Hong Kong Financial Dispute Resolution Centre – Specialist arbitrators required to perform a delicate balancing act?

Justin D'Agostino (Herbert Smith Freehills)/April 15, 2011 /Leave a comment

Herbert Smith Freehills

…If mediation fails, the investor may choose to have the dispute resolved through arbitration administered by the FDRC scheme (or standard court or arbitration proceedings). In an FDRC-administered arbitration, an…

Arbitration Proceedings, Commercial Arbitration, Jurisdiction, National Arbitration Laws

Importing the “negative effect” of the principle of competence-competence into Swiss law?

Georg von Segesser (von Segesser Law Offices)/April 14, 2011 /1 Comment

…state court in Switzerland by invoking that parties had agreed on arbitration with a venue elsewhere, could become very cumbersome Based only on the plausibility that such an arbitration agreement…

Inter-American Conventions, International arbitration, Investment Arbitration, Investment protection, South America

What will the recent entry into force of the UNASUR Treaty mean for investment arbitration in South America?

Christian Leathley (Herbert Smith Freehills LLP)/April 13, 2011 /Leave a comment

Herbert Smith Freehills

…the proposals that UNASUR is advancing, particularly in the field of investor-State arbitration. Amongst other things, UNASUR is proposing an arbitration centre and rules that will change – in some…

Energy Charter Treaty, European Law, Investment Arbitration

The European Advocate General Supports BIT Obligations in EC v. Slovakia Case

Lisa Bench Nieuwveld (Conway & Partners)/April 12, 2011 /Leave a comment

…into the EU and the Energy Charter Treaty and Investment Arbitration Agreement (essentially, a bilateral investment treaty applicable here). The dispute involves a contract dated back to 1997 between a…

Anti-arbitration, Arbitration Agreements, Corporate Counsel's view, Costs, International arbitration

Anti-Arbitration: Feedback on Your Recent Pitch

Michael McIlwrath (MDisputes)/April 12, 2011 /3 Comments

…Fortunately for us, most international arbitration is not fast-moving. This allows parties, if they so desire, to find solutions other than hiring the arbitration team of a law firm. We…

Kluwer Arbitration Blog

Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions

New Hong Kong Arbitration Ordinance comes into effect

On quantifying known unknowns

The Invisible Gorillas in International Arbitration?

Jivraj v. Hashwani – Are Arbitrators Employees?

Multi-tier Dispute Resolution Clauses: Swiss Supreme Court Considers Impact Of (Omitted) Pre-arbitral Expert Appointment and Conciliation on Arbitral Tribunal’s Jurisdiction

Negotiation Clauses in BITs – Empty Words?

Singapore Apex Court Lays Down Clear Framework for Arbitrability of Insolvency-Related Claims

Is The Principle Of Finality “Losing Its Appeal”?

Whereto now, the Italian Torpedo?

Moral Damages in Investment Arbitration

Anti-Arbitration: Drafting?

Reconsidering ICSID Awards

A sixty month makeover: reinventing India as an “arbitration-friendly” jurisdiction

Reflections on Vis From the Winning Team

Some Cost Consensus?

Egypts Unrest – Dubai’s Moment of Opportunity?

Waiver of an Arbitration Agreement Resulting from a Party’s Failure to Pay the Advance on the Costs of the Arbitration

Oral Hearing and Party-Appointed Arbitrators: Guess?? Yep! That’s Who Appointed Them!

New York Court Grants Pre-Award Attachment in Aid of a Foreign-Seated International Arbitration

The Hong Kong Financial Dispute Resolution Centre – Specialist arbitrators required to perform a delicate balancing act?

Importing the “negative effect” of the principle of competence-competence into Swiss law?

What will the recent entry into force of the UNASUR Treaty mean for investment arbitration in South America?

The European Advocate General Supports BIT Obligations in EC v. Slovakia Case

Anti-Arbitration: Feedback on Your Recent Pitch