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In Asia-Pacific

German Association of Judges on the TTIP Proposal of the European Commission

by 7 Mins Read

When about 150,000 demonstrators protested against the proposed Transatlantic Trade and Investment Partnership (TTIP) in Berlin in October 2015, it became obvious that the idea to settle investor-state-disputes under TTIP through arbitration (commonly called Investor-State Dispute Settlement or ISDS) runs against strong and well-organized public resistance in many European countries, in particular Germany. European governments and the European Commission realized that insisting on ISDS could threaten the success of the whole TTIP project. The European…

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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 Arbitrability

USA: Ninth Circuit Holds Incorporating AAA Rules Shows Parties Agreed to Arbitrate Arbitrability

by 5 Mins Read

In Brennan v. Opus Bank, 796 F.3d 1125 (9th Cir. 2015), the Ninth Circuit held that express incorporation of American Arbitration Association rules in an arbitration clause constitutes clear and unmistakable evidence that the contracting parties agreed to arbitrate arbitrability. Applying the Supreme Court’s decision in Rent-A-Center, West, Inc. v. Jackson, 561 U.S. 63, 130 S. Ct. 2772 (2010), the Ninth Circuit held that incorporation of such rules was a delegation provision severable from the…

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