The amended Japan Commercial Arbitration Association (“JCAA”) arbitration rules came into effect on February 1, 2014. These amendments were a significant overhaul from the predecessor rules and follow international best practices. This note highlights a number of the key amendments below: Terms of Reference (Rule 40) Rule 40 allows a tribunal to utilize a Terms of Reference to narrow down the issues of an arbitration at the outset of the proceedings. However it is not…
On April 8, 2015, a three-person tribunal at the International Centre for Settlement of Investment Disputes (“ICSID”) took…
In a highly anticipated decision (Gazprom C-536/13) the European Court of Justice (the “ECJ”) has clarified that anti-suit…
The use of experts and neutrals in ADR is a growing trend. In response to this, the ICC launched a new set of Expert Rules (“the Rules”) in February 2015 that seek to expand and enhance its services in this area. The Rules replace those that came into force in January 2003. They now comprise three sets of rules for the appointment and administration of experts and neutrals, with each set relating to a service…
Is Hong Kong Service Always Better: Hong Kong Refuses Enforcement of Mainland Award On 24 April 2015, the…
The President of the Republic in office, Michel Temer, approved the Law 13.129/2015 on 26.05.2015, amending the Brazilian…
The Brazilian Senate approved amendments to the Brazilian Arbitration Act (Law 9.307 of 1996) with new provisions in support of arbitration. The text (in Portuguese) is available here. The bill is still to be sanctioned by the President, officially promulgated, after which it undergo a 60-day period of vacatio legis before coming into force. The amendments reinforce the pro-arbitration stance adopted by the Brazilian legal system. The new regulation consolidates many advancements stirred by case law, such as…
Case Note on AQZ V ARA [2015] SGHC 49 Introduction There have been many procedural innovations in the…
The High Court of Justice in Northern Ireland had to decide whether it could allow state court proceedings if the parties have…
What are the differences between the most popular international arbitration rules. You find an updated version of our comparison chart at: http://www.globalarbitrationnews.com/comparison-of-the-icc-lcia-scc-cietac-siac-hkiac-and-uncitral-arbitration-rules-20160517/