A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that an arbitral secretary was substantially involved? The Russian Federation argues “Yes” and applied in November 2014 to the District Court of The Hague to set aside the so-called Yukos awards. [1] The arbitral secretary in the Yukos case had devoted between 40 % and 70 % more time to the arbitrations than did any of the arbitrators.…
In large arbitration cases, skilled counsels fill hundreds of pages with factual and legal arguments in order to…
Parties who want to opt for institutional arbitration (instead of ad-hoc arbitration) can choose amongst a long list…
The International Council for Commercial Arbitration (“ICCA”) has recently published a so-called “Drafting Sourcebook for Logistical Matters in Procedural Orders” (“ICCA Drafting Sourcebook”). This is a thirty-page booklet which enumerates in no less than thirty-four chapters typical procedural rules which an arbitral tribunal might use to structure the arbitral proceedings. The extent of covered content is impressive and ranges from communication rules and the handling of time limits to formatting issues for submissions, the structure…
Witness evidence in international arbitration is generally prepared by witness statements these days. A witness statement is a…
It has been suggested that the use of arbitration to resolve disputes in the financial services sector is…
1. Introduction Two recent directives for lawyer comportment have triggered lively debates on how the fairness of arbitration procedures is affected by differences in party representatives’ conduct: the IBA Guidelines on Party Representation in International Arbitration (“IBA Guidelines”) and the Annex to the 2014 Arbitration Rules of the London Court of International Arbitration (“LCIA Rules”).[1] Party representatives in international arbitration proceedings frequently come from different legal and cultural backgrounds. Their understanding of ethical conduct and…
The use of experts and neutrals in ADR is a growing trend. In response to this, the ICC…
How prior corrupt conduct by a company can limit it from subsequently pursuing legal rights and remedies Bribery…
On 30 March 2015, Brazil and Mozambique entered into a treaty, which they call the Agreement for Cooperation and Investment Facilitation. On 1 April, Brazil and Angola entered into an agreement of the same nature. Bilateral investment treaties or “BITs” are agreements between two countries for the reciprocal promotion and protection of investment by nationals of one signatory into the other. That is also the case with the Brazil-Mozambique and the Brazil-Angola BITs (the “new…