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Ideas and analysis

White & Case partner calls for privilege rethink

White & Case partner calls for privilege rethink

28 April 2017

White & Case partner Phillip Capper told an audience at GAR Live Stockholm yesterday he had reconsidered his one-time opposition to having more rules in arbitration and called on the arbitration community to consider a new set covering privileged documents.

Blair’s two-step test for illegally obtained evidence

Blair’s two-step test for illegally obtained evidence

27 April 2017

In a lecture in Vienna, Cherie Blair QC noted the lack of clear rules on the treatment of illegally or improperly obtained evidence in arbitration – including Wikileaks cables – and proposed a two-step admissibility test that takes account of who benefits from the wrongdoing and the public interest.

Lord Thomas again addresses courts-arbitration relationship

Lord Thomas again addresses courts-arbitration relationship

27 April 2017

England's Lord Chief Justice – who was accused of a "judicial land grab" last year when he argued that courts should have more scope to review points of law in arbitration – has used a speech in Beijing to give a more placatory view of the way the system should work.

Saudi strides

Saudi strides

11 April 2017

Saudi Arabia was the first country in the Arab world to adopt a comprehensive arbitration law in 1983, recognising the need for fast, effective commercial dispute resolution. Now, says Majed Al Rasheed of the Saudi Centre for Commercial Arbitration, developments in the law and regulations are transforming the jurisdiction into one that is truly arbitration-friendly.

Institutions showing flexibility, says White & Case research

Institutions showing flexibility, says White & Case research

10 April 2017

In an effort to respond to the needs of companies using international arbitration, arbitral institutions are accommodating an increased wish by parties for expedited proceedings and sole member tribunals and are appointing women arbitrators with greater frequency, says research from White and Case – but improvements are still needed on time and cost.

Call for new rules for human rights disputes involving business

Call for new rules for human rights disputes involving business

24 March 2017

LINK ADDED. Three international law specialists have proposed drafting a special set of rules for the arbitration of disputes over alleged human rights abuses by businesses, arguing that it would solve an access to justice problem and have a preventative effect all the way down the supply chain.

Multiple cases, one arbitrator

Multiple cases, one arbitrator

22 March 2017

Using common arbitrators for related arbitrations is a regular practice to save time and costs and avoid inconsistent decisions, but challenges to their appointment are becoming increasingly common. Tay Yong Seng of Allen & Gledhill in Singapore seeks to distinguish the baseless objections that can be dismissed quickly from the ones that raise real concerns.

Paulsson revives debate about party-appointed arbitrators

Paulsson revives debate about party-appointed arbitrators

16 March 2017

In light of a recent dissent in an ICSID case against Costa Rica, Jan Paulsson has revived the question of whether the arbitral community should consider “moderating [its] love of unilaterally appointed arbitrators” – and proposed that the presiding arbitrator play a role in the appointment of tribunal members.

EU model for ISDS incompatible with ICSID Convention, argues leading academic

EU model for ISDS incompatible with ICSID Convention, argues leading academic

08 March 2017

In a paper presented in London and Cambridge, a leading academic has argued that the European Union’s plan for a standing investment tribunal with an appellate mechanism – already provided for in trade deals such as the Comprehensive Economic and Trade Agreement between the EU and Canada – is incompatible with the ICSID Convention but not with investor-state arbitration in general.

Seoul gathering looks at the effects of Brexit and Trump in East Asia

Seoul gathering looks at the effects of Brexit and Trump in East Asia

03 March 2017

At an event in Seoul, prominent German practitioners Lars Markert and Stephan Wilske considered the effects on East Asian business and dispute resolution of the two biggest political earthquakes of recent times – Brexit and the election of Donald Trump as US president.