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Arbitration Procedure

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In Arbitrability

Arbitrability: The Limits of Arbitration – guest lecture at Queen Mary University of London’s School of International Arbitration on 7 April 2016

by 4 Mins Read

Arbitrability: The Limits of Arbitration on 7 April 2016, 12.00-2.00pm Venue: CCLS, room 3.1, 67-69 Lincoln’s Inn Fields, WC2a 3JB QMUL’s School of International Arbitration is pleased to present a guest lecture by Leng Sun Chan SC, Baker & McKenzie Wong & Leow (Singapore), discussing “Arbitrability: The Limits of Arbitration”. The foundation of arbitration lies in the agreement of parties to arbitrate. Party autonomy is often invoked as a guiding principle. Nonetheless, there are instances where…

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In Arbitration Procedure

Your Witness, Your Honor?!

by 7 Mins Read

Can witnesses in the course of an arbitral hearing be requested to testify on issues for which they were initially not offered by a party? At the outset, this appears to be a remote question but it has become a rather frequent practical problem which can have a significant impact on the outcome of an arbitration. Here is a typical scenario, illustrated by an example: in a large post M&A dispute, the buyer = Claimant…

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In Arbitration Procedure

Adjustment of a Decision on Costs for Partly Unsuccessful Parties?

by and 4 Mins Read

As we have outlined in an earlier post [here], arbitral tribunals – as a starting point – generally apply the rule “costs follow the event” to allocate the costs of the arbitration. That is the result of the ICC Commission Report “Decisions on Costs in International Arbitration”. The ICC Report also came to the conclusion that arbitral tribunals regularly exercise their discretion to adjust the event-based cost allocation on the basis of several factors. One…

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In Arbitration Procedure

Should a party be obliged to disclose details about receiving third party funding in international arbitration?

by and 8 Mins Read

There has been much debate and discussion regarding third party funding in international arbitration. The question that is now being asked is whether parties should make full disclosure about receiving third party funding. In a recent ICSID decision which was covered here, the tribunal ordered the Claimants to disclose whether they were the recipients of third party funding, and, if they were, to disclose the names and details of the funder and some terms upon…

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