A tribunal in an investment arbitration pursuant to the UNCITRAL Arbitration Rules between South American Silver Limited (“Claimant”) and The Plurinational State of Bolivia (“Bolivia”)[1] decided in several procedural orders on the question whether the parties are allowed to submit witness statements in redacted form. The most recent decision stems from 6 May 2016[2]. In its first decision of 1 April 2016[3] the tribunal had to decide whether to grant a protective order for one…
In the proceedings file No. 23 Cdo 3870/2015, the Czech Supreme Court dealt with the issue of commencement…
In a recent decision, the Higher Regional Court of Munich (Oberlandesgericht München; hereinafter: “Court”) ruled that an arbitrator…
On 23 June 2016, the British public voted 51.9% in favor of leaving the EU (“Brexit“). Legal practitioners, as well as businesses that are or may at some point be involved in disputes, are recommended to consider how this referendum will affect them. This article discusses some of the implications of the referendum for international commercial arbitration: what it means for ongoing London arbitrations (at 1.), what it means for future disputes (at 2.), and…
“According to the fair play of the world, Let me have audience.” William Shakespeare Whilst Shakespeare’s words echo…
In Albaniabeg Ambient Sh.p.k. v. Enel S.p.A. and Enelpower S.p.A., No. 15 Civ. 3283 (S.D.N.Y. Mar. 11, 2016),…
In Al Rushaid v. National Oilwell Varco, Inc., No. 15-20260 (5th Cir. Feb. 17, 2016), the Fifth Circuit refused appellate review of an order compelling arbitration under one arbitration clause but denying it under another, despite acknowledging that the result would be fragmented arbitration. Plaintiffs Al Rushaid Parker Drilling, Ltd. (“ARPD”), Rasheed al Rushaid, and Al Rushaid Petroleum Investment Corp. sued defendants National Oilwell Varco, Inc., National Oilwell Varco LP (“NOV LP”), NOW Oilfield Services,…
The topic of arbitrator bias has been the subject of two recent English law cases: W Limited v.…
One of the central questions considered by the court in Barrier Limited v Redhall Marine Limited [2016] EWHC…
In a recent case the English High Court refused to apply the IBA Guidelines on Conflicts of Interest 2014 (IBA Guidelines) when it considered a challenge to an arbitrator. Instead, in applying the English common law test for apparent bias, it concluded that there was no apparent bias despite the circumstances falling within the non-waivable red list under the IBA Guidelines. The case demonstrates that although the English court will have regard to the IBA…