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Document production, at least to some extent, is an integral part of most international arbitration proceedings. This is true even if the substantive law governing the dispute follows the civil law tradition. In that case, however, the provisions in the substantive law build upon the premise that there is no document production. Does this lead to a conflict between substantive and procedural law in international arbitration? It can be very difficult for a claimant to…

We are pleased to announce that the new edition of The Baker & McKenzie International Arbitration Yearbook is now available. The ninth edition of an annual series established by the Firm in 2007, this volume comprises reports on arbitration in key jurisdictions around the globe. Leading lawyers of the Firm’s International Arbitration Practice Group, report on recent developments in national laws relating to arbitration and address current arbitral trends in the jurisdictions in which they practice. Each chapter…

Anchoring is a psychological phenomenon wherein a person is influenced by certain reference points he or she is given at the beginning. Accordingly, a high claim in an arbitration, or a high starting offer in a negotiation, can influence the end result. Research suggests, however, that also nondescript information, i.e. information that carries no useful information for the issue to be decided, can influence decision making. Does this also work in arbitration? Psychology teaches that…

Effective from 1 January 2016, the International Court of Arbitration at the International Chamber of Commerce (“ICC”) has introduced two new and innovative policies in response to user demands for greater efficiency and transparency in arbitration. The ICC shall: publish the names and nationalities of arbitrators; andreduce arbitrators’ fees for unjustifiable delay in submitting draft awards, with corresponding power to increase arbitrators’ fees for efficient case management. Publication of arbitrators’ details The names of arbitrators…