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.
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.
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.
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.
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.
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.
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.
02 March 2017
The easing of sanctions as a result of the 2015 Iran nuclear deal has opened up the Iranian market to foreign investors in a manner not seen since before the Iranian Revolution of 1979. Richard Devine, Patrick Murphy and Daniel Smith, partners and associate at Clyde & Co in Dubai, consider the likely role of international arbitration in resolving disputes featuring oil companies under the new regime, should it survive the Trump administration.
24 February 2017
UPDATED.Qatar has a new arbitration law based on the UNCITRAL Model Law that is intended to pave the way for greater foreign investment and ease of doing business and will apply to arbitrations already under way.
22 February 2017
Some counsel in the United Arab Emirates are expressly referring to article 257 of the jurisdiction's revised penal code, which states that arbitrators can be imprisoned for lack of independence, in "a transparent attempt to intimidate tribunals" said Michael Black QC in a lecture in Dubai yesterday.