The Flight of Icarus
One hundred years ago international arbitration was viewed as the great hope for world peace. No international tribunals were yet in existence, but the Permanent Court of Arbitration was up…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
Damages for Breach of an Agreement to Arbitrate – A Useful Weapon in a Post West Tankers World?
…US$3,646,125 and €10,000 in damages and €30,000 in costs. HMD countered by commencing arbitration in London against CMA pursuant to the arbitration clauses in the four shipping contracts. HMD claimed…
New International Commercial Mediation Rules in Japan
The Japan Commercial Arbitration Association (the “JCAA”) introduced their International Commercial Mediation Rules (the “Rules”) on 1 January 2009. The JCAA has followed the lead of other international arbitral institutions…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration
Award under expedited arbitration rules examined by the Swiss Supreme Court
…or the use of specific fast track / expedited / accelerated arbitration rules. The latter at least continues to be met with some scepticism by practitioners. Rules for expedited arbitration,…
Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Investment Arbitration
Are Unilateral Appointments Defensible?
…in International Commercial Arbitration: the Good, the Bad and the Ugly,” 2003 Freshfields Lecture, 20 Arbitration International 223 (2004); Eduardo Silva Romero, “Brèves observations sur l’opinion dissidente,” Les arbitres internationaux…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, North America
Update on Restatement Project
George Bermann, the ALI Reporter for the Restatement (Third) on the U.S. Law of International Commercial Arbitration, presented a wonderful summary of the current progress on the Restatement at the…
Arbitrators, Commercial Arbitration, Investment Arbitration, National Arbitration Laws, North America
Confusion in Disclosure Guidelines for Arbitrators?
…disclosure guidelines and checklist for arbitrators proposed by the Disclosure Subcommittee of the Arbitration Committee of the ABA’s Dispute Resolution Section. Over the last two years the Subcommittee has released…
Can evicted aid groups sue Sudan for breach of investment treaties?
…impulse to cement into place legal protections for such activities. This is unusual when one considers the tangible social and economic benefits which arise out of such not-for-profit activity. These…
Pitfalls in proceedings to set aside an arbitral award in Switzerland
In a recent decision of 22 January 2009 (4A_424/2008), the Swiss Federal Supreme Court had to consider an appeal against a decision of the Court of Arbitration for Sport (CAS)….
Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, International Courts, Middle East
Ups and Downs In Institutional Arbitration
…only positive for international arbitration? According to the latest statistics from the LCIA, 221 new cases were filed in 2008, an increase of some 60% on the previous year. We…
English court sets aside an award on the basis of serious irregularity, but confirms the doctrine has limited scope
…award in order to protect parties against the unfair conduct of an arbitration. However, the case also demonstrates that the applicable test (i.e. a serious irregularity in the conduct of…
Jura Novit Curia? The Arbitrator’s Discretion in the Application of the Governing Law
…awards or legal writings), or legal experts. However, to what extent may, or should the arbitrators ascertain for themselves the content of the governing law, possibly identify legal issues which…
Arbitration of International Financial Disputes
…and do not involve complex legal questions or fact finding, with the latter more suited for arbitration; (ii) arbitration does not provide for the possibility of default judgments or summary…
Arbitration Institutions and Rules, Arbitrators, International Legal Theory and Teaching, Legal Practice
Arbitration Conference Fatigue
One of the defining features of the international arbitration community is the plethora of international arbitration conferences. Every month the calendar is full of opportunities to travel the world to…
A Ghost Laid to Rest?
…that a subsidiary claiming the benefit of an arbitration agreement to which it was not a party was entitled to a stay of court proceedings in favour of arbitration. The…
Swiss Federal Tribunal applies Article 186 (1bis) of the Swiss Private International Law Act in a case involving parallel proceedings before two arbitral tribunals
…arbitration, thus requiring an arbitral tribunal in Switzerland to stay arbitration proceedings during the pendency of an action filed earlier in a foreign court if the foreign court is expected…
Non-Party Discovery in International Arbitration
…in New York. Nonetheless, several questions remain. In Life Receivables Trust, 549 F.3d 210 (2d Cir. Nov. 25, 2008), the Second Circuit, which includes New York, considered whether federal law…
The Softwood Lumber Arbitration and Retrospective Trade Remedies
…interesting in many respects. Most obviously, it is a state-to-state dispute adjudicated under the auspices of the LCIA, more commonly used for commercial arbitration. This is in part a result…
Manifest Disregard After Hall Street
…regarding arbitration. The Hall Street decision held that the Federal Arbitration Act (“FAA”) did not permit parties contractually to expand the grounds for vacating or modifying an arbitral award. In…
Arbitrators: judges or not? An EC approach…
…In general, arbitration fulfils these criteria. Arbitration is provided for by law. Moreover, due process is fully respected. Additionally, rules of law are applied. Therefore the first, third and fourth…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Europe, New York Convention, North America
Are CAS Arbitrations Governed by the New York Convention?
…the New York Convention “to declare that it will apply the Convention only to differences arising out of legal relationships . . . which are considered as commercial under the…
Will ECJ look at intra-EU bilateral investment treaties next?
…Commission – which has long coveted the legal competence to negotiate investment agreements on behalf of EU member-states – has expressed annoyance with all of these intra-EU BITs. Various concerns…
The Future of Interim Relief in International Disputes
…of recent developments in international investment arbitration, including the dispute between Exxon-Mobil and Venezuela in which Exxon obtained far-reaching freezing orders in aid of arbitration, investor-State arbitration is increasingly seen…
Preliminary Draft Produced of Restatement of International Commercial Arbitration
Last week the ALI Reporters held an invitation-only meeting in New York with arbitration luminaries to discuss the first draft of the first-ever “Restatement of the U.S. Law of International…