At the beginning of the year, the ICC announced that as of this year it will publish the ICC- and party-appointed arbitrators’ names and details on its website to bolster transparency in arbitration (see http://www.globalarbitrationnews.com/new-year-new-policies-icc-bolster-arbitrator-efficiency-transparency-arbitrations/). In June 2016, the ICC turned these words into action and released for the first time the arbitrators’ details in a chart on its website.[1] The chart contains sections for the arbitrators’ names, nationalities, roles, their appointment method and their…
Lord Thomas: Rebalancing the relationship between the courts and arbitration Lord Thomas’s Bailii Lecture on 9 March 2016…
In a recent Iranian gas contract dispute, the High Court of England and Wales rejected an attempt to…
The court’s power to make appointments to an arbitral tribunal and the limitations it faces under the Arbitration Act 1996 were recently considered in the case of Guidant LLC v Swiss Re International SE and another [2016] EWHC 1201 (Comm). Background facts The claimant, Guidant LLC, entered into three almost identical insurance policies with Markel (Bermuda), Swiss Re International (UK branch), and Swiss Re International SE respectively. The insurance polices included an arbitration clause providing…
In a recent PRC case (the “Taizhou Court Case”), the Taizhou Intermediate People’s Court (“Court”) refused enforcement of…
This article was first published in the China Business Law Journal, July / August 2016, Volume 7 |…
In its report “Costs of arbitration and apportionment of costs under the SCC Rules” of February 2016[1], the SCC has reviewed the cost apportionment in awards issued by SCC tribunals between 2007 and 2014. The SCC Report is of interest because the SCC Rules do not contain a mandatory “loser pays”-rule. Rather, Article 43(5) and Article 44 of the SCC Rules provide that the outcome of the case is the primary (out of many) factors…
This article is about two phenomena which currently impact the business of dispute resolution: The Vanishing Trial and…
A tribunal in an investment arbitration pursuant to the UNCITRAL Arbitration Rules between South American Silver Limited (“Claimant”)…
The new SIAC Rules 2016 (the “2016 Rules”) will now allow disputes to be consolidated or parties to be joined to an existing arbitration. Clearly unmeritorious claims and defences can now be dismissed at an early stage. Other changes have also been made to make SIAC arbitration a quicker and more efficient process. Key changes The 2016 Rules will come into effect on 1 August 2016. We summarise the key changes below. Consolidation and Joinder…