We are pleased to announce that the new edition of The Baker & McKenzie International Arbitration Yearbook is now available. The ninth edition of an annual series established by the Firm in 2007, this volume comprises reports on arbitration in key jurisdictions around the globe. Leading lawyers of the Firm’s International Arbitration Practice Group, report on recent developments in national laws relating to arbitration and address current arbitral trends in the jurisdictions in which they practice. Each chapter…
Recent Developments The Hong Kong International Arbitration Centre (“HKIAC”) and the ICC International Court of Arbitration (“ICC”), two…
Can witnesses in the course of an arbitral hearing be requested to testify on issues for which they…
Anchoring is a psychological phenomenon wherein a person is influenced by certain reference points he or she is given at the beginning. Accordingly, a high claim in an arbitration, or a high starting offer in a negotiation, can influence the end result. Research suggests, however, that also nondescript information, i.e. information that carries no useful information for the issue to be decided, can influence decision making. Does this also work in arbitration? Psychology teaches that…
As we have previously reported on Global Arbitration News [here], arbitral tribunals most often start their decision-making process…
As we have outlined in an earlier post [here], arbitral tribunals – as a starting point – generally…
Effective from 1 January 2016, the International Court of Arbitration at the International Chamber of Commerce (“ICC”) has introduced two new and innovative policies in response to user demands for greater efficiency and transparency in arbitration. The ICC shall: publish the names and nationalities of arbitrators; andreduce arbitrators’ fees for unjustifiable delay in submitting draft awards, with corresponding power to increase arbitrators’ fees for efficient case management. Publication of arbitrators’ details The names of arbitrators…
The Bar Council has recently published a guidance note regarding barristers from the same chambers appearing as counsel…
There has been much debate and discussion regarding third party funding in international arbitration. The question that is…
On 12 November 2015, the European Union’s proposal for “Investment Protection and Resolution of Investment Disputes” was made public. This proposal is part of the chapter on Investment contained in the Transatlantic Trade and Investment Partnership (“TTIP”), currently being negotiated between the EU and the United States. One significant aspect in this proposal is the provision on Transparency contained in Article 18 of Section 3 of the chapter on Investment. It provides for the application…