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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 Arbitration Procedure

Bar Council addresses “same chambers” issue

by and 3 Mins Read

The Bar Council has recently published a guidance note regarding barristers from the same chambers appearing as counsel and arbitrator in the same arbitration. The Bar Council, mindful of concerns raised on this issue by various bodies and international clients who are not accustomed to the “structure and culture of the English bar”, has sought to ensure that the “valuable protection given to clients by the availability of the independent bar is not compromised.” The…

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In Brazil

The International Institute for Conflict Prevention and Resolution (CPR) Announces New Y-ADR Steering Committee for 2016

by and 2 Mins Read

On January 26, CPR announced a new Steering Committee for its Young Attorneys in Alternative Dispute Resolution Program (“Y-ADR”) – press release. The new Steering Committee includes Andy Moody, a Dispute Resolution partner in the London office of Baker and McKenzie and Luis Peretti, associate at the São Paulo office of Trench Rossi e Watanabe Advogados, both of whom have co-authored this post. CPR is an independent nonprofit organization that, for more than 35 years,…

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In Arbitration Procedure

Austrian Supreme Court: Pending arbitration stayed due to insolvency proceedings

by and 4 Mins Read

In three similar decisions of 17 March 2015[1] the Austrian Supreme Court (“OGH”) clarified how insolvency proceedings may affect an already pending arbitration. In a nutshell, the OGH held that Section 7 Bankruptcy Act, which provides that all pending proceedings in which the debtor is the claimant or the respondent are (automatically) stayed upon the commencement of bankruptcy proceedings, also applies to arbitral proceedings. Additionally, the OGH gave guidance on the question when arbitral proceedings…

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