Premium article - 30 May 2017
In a recently published speech, the Lord Chief Justice of England and Wales, Lord Thomas, explained how he is “revisiting the rather neglected use of judges as arbitrators” as part of his effort to ensure the continued development of the common law.
Premium article - 26 May 2017
With M&A deals on the rise – especially in emerging economies – there is no better time to specialise in disputes in this area, argued Quinn Emanuel Urquhart & Sullivan’s head of international arbitration Stephen Jagusch QC at an event in Warsaw.
Premium article - 25 May 2017
Increasingly, international arbitration practitioners are using mock arbitrations – like mock jury trials in the United States – as a valuable tool to assess the strengths and weaknesses of a party’s position and develop an effective way to present their case in the real arbitration. Claudia Salomon and Peter Durning of Latham & Watkins highlight what must be considered to ensure the exercise is calibrated to the needs of the case.
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.
Premium article - 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.
Premium article - 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.
Premium article - 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.
Premium article - 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.
Premium article - 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.
Premium article - 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.