For those not familiar with the relevant rules, the calculation of the time limit for challenging an English arbitral award before the English courts may come as a surprise. In two recent High Court decisions, the court has emphasised that the 28 day time limit for challenging an award commences on the date the award is made and not the date it is received by the parties. In both cases, despite the fact the parties…
The ultimate objective of a party seeking damages in an arbitration is usually to get paid. This article…
With decision dated 17 October 2017 (4A_53/2017), the Swiss Federal Supreme Court considered for the first time whether…
Technology plays an increasingly important role in almost every aspect of life and does not stop at international arbitration. While technology could facilitate the conduct of international arbitration proceedings, it also contains risks. The ICCA, the New-York City Bar Association, and the International Institution for Conflict Prevention & Resolution (CPR) launched a working group on cybersecurity to address these risks and the need for cybersecurity in international arbitration (click here to view the ICCA’s announcement).…
Overview The recent judgment in UMS Holding Ltd & Ors v Great Station Properties SA & Anor [2017]…
What is the most efficient alternative, i.e. out of court, way to settle disputes? Arbitral institutions provide many…
Autoridad del Canal de Panama v Sacyr SA and others [2017] EWHC 2228 (Comm) and [2017] EWHC 2337 (Comm) 1. Summary On 5 September 2017, Blair J, sitting in the Commercial Court, refused a stay under section 9(1) of the Arbitration Act 1996 (“Section 9(1)”) in respect of proceedings commenced pursuant to guarantees subject to an exclusive jurisdiction clause (the “English Law Guarantees”), in circumstances where there was a parallel arbitration in respect of (i)…
On 8 November, the SCC announced on its website (click here to view the announcement) that as of…
At the end of October, both, ICC and LCIA, introduced revised practice notes. Aiming to increase efficiency of…
On 1 September, a task force of the ICCA and the Queen Mary School of International Arbitration published a draft report on third party funding. The draft report is still available for public comment until 31 October 2017. A final report will be launched in April 2018. In the following, we want to give a quick overview of the 177-page report which can be downloaded here. Pursued objectives of the report are, on the one…