On 23 February 2016,[1] the Austrian Supreme Court (“OGH”) rendered a new decision on an action to set aside an arbitral award. Notably, this is the fourth decision since the OGH was vested with the exclusive competence for setting aside proceedings in 2014. In its decision, the OGH once more confirmed its strict stance with regard to the violation of the right to be heard. In addition, the decision contains remarks concerning the violation of…
Arbitrability: The Limits of Arbitration on 7 April 2016, 12.00-2.00pm Venue: CCLS, room 3.1, 67-69 Lincoln’s Inn Fields,…
We are pleased to announce that the new edition of The Baker & McKenzie International Arbitration Yearbook is now available.…
Recent Developments The Hong Kong International Arbitration Centre (“HKIAC”) and the ICC International Court of Arbitration (“ICC”), two of the world’s leading arbitral centres, have recently taken steps to address the problem of costs and delay in international arbitration. As outlined in the 2015 International Arbitration Survey on Improvements and Innovations in International Arbitration by Queen Mary University of London (“2015 Survey”), costs and delay were “ranked by respondents as amongst the worst characteristics of…
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…
As we have previously reported on Global Arbitration News [here], arbitral tribunals most often start their decision-making process for the allocation of costs with the principle that the unsuccessful party has to pay for the successful party (so-called “costs follow the event”). That is the result of the ICC Commission Report “Decisions on Costs in International Arbitration” (“ICC Report”).[1] From this starting point, the ICC Report suggests, tribunals factor in other elements before they reach…
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…
The Bar Council has recently published a guidance note regarding barristers from the same chambers appearing as counsel and arbitrator in the same arbitration. The Bar Council, mindful of concerns raised on this issue by various bodies and international clients who are not accustomed to the “structure and culture of the English bar”, has sought to ensure that the “valuable protection given to clients by the availability of the independent bar is not compromised.” The…