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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

Adjustment of the Decision on Arbitration Costs for a Declined Calderbank Offer

by and 7 Mins Read

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…

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In Asia-Pacific

“Costs Follow the Event” International Gold Standard for the Allocation of Costs According to ICC Report

by and 5 Mins Read

The costs of international arbitration can be substantial. At the same time, an arbitral tribunal has a broad discretion regarding the question: Which party has to bear the costs of the arbitration? Against this background, the ICC Commission’s Task Force of Decisions as to Costs has reviewed hundreds of arbitral awards and has analysed in what manner arbitral tribunals exercise their discretion. The results were compiled in the ICC Commission Report “Decisions on Costs in…

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In Arbitration Procedure

How much is too much? Rules for pre-appointment interviews between a party and a potential arbitrator

by and 6 Mins Read

“Would you, dear arbitrator candidate, be prepared to meet with my client? They really want to know beforehand the person who will ultimately decide about the future of their company.” If a party’s counsel asks the potential arbitrator such a question at the end of a first telephone call, many will intuitively decline the request with a quick “No, that is impossible!”. Too overwhelming is the strict ban of ex-parte communications in international arbitration. But…

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