On June 12, 2015 the ICSID tribunal in Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan has ordered the claimants, two Turkish construction companies, to disclose whether their claims in the arbitration are being funded by a third-party. If a funding agreement existed, the claimants were ordered to disclose the names and details of the third-party funder(s) and the terms of that funding. Third-party funding has raised several concerns. Some argue that…
In large arbitration cases, skilled counsels fill hundreds of pages with factual and legal arguments in order to…
Parties who want to opt for institutional arbitration (instead of ad-hoc arbitration) can choose amongst a long list…
On June 8, 2015, the Brazilian President issued Decree No 8,465 of 2015 (the “Decree”), which lays down the procedural criteria according to which government and private parties may submit to arbitration disputes arising in the framework of the port and dock sector. Many statutes in Brazil allow arbitration in regulated industries, such as the Hydrocarbons law (Law 9,748 of 1997), the Public-Private Partnership Act (Law 11,079 of 2004), the Act on the Free Market of Electricity (Law 10,848 of…
Manila, Philippines, July 2015 — Quisumbing Torres’ (QT) Dispute Resolution Practice Group, headed by Donemark J.L. Calimon, hosted…
Witness evidence in international arbitration is generally prepared by witness statements these days. A witness statement is a…
In a rare split amongst the judges of the Court of Appeal, the majority in PT Persuhaan Gas Negara (Persero) TBK v CRW Joint Operation [2015] SGCA 30 (“PGN v CRW”) held that where there was an agreement to arbitrate construction disputes under the FIDIC Red Book, the binding but non-final decision of a Dispute Adjudication Board for the interim payment of a sum of money could be enforced in a separate arbitration, prior to…
In Sierra Fishing Company and other v Hasan Said Farran and others [2015] EWHC 140 (Comm), the English…
In Jacobs E&C Limited v Laker Vent Engineering Ltd [2015] EWHC 4818 (TCC) the English High Court considered…
It has been suggested that the use of arbitration to resolve disputes in the financial services sector is less popular than it could be, largely due to the standard rules of major arbitral institutions not necessarily offering business users in the sector the certainty and expedition that they seek. This notably prompted PRIME Finance to be established. Many jurisdictions, including England and Wales, of course permit parties to expedite the arbitration procedure by, for example,…