Laws, treaties and soft law

The Chartered Institute of Arbitrators has issued guidelines on witness conferencing in international arbitration that it hopes will help to “minimise the risks of the process going awry”.

30 April 2019

As Singapore announces it is considering allowing appeals of arbitration awards on a point of law, Kohe Hasan and Justine Barthe-Dejean, partner and associate at Reed Smith (in alliance with Resource Law) in Singapore consider whether such a reform would be a move in the right direction.

18 April 2019

The Hong Kong International Arbitration Centre is to become the first foreign arbitral institution licensed to administer cases in Russia after receiving approval from a regulatory body established under the country’s 2015 arbitration reforms.

09 April 2019

Following a public consultation, ICSID has published a second draft of its proposed amendments to the centre’s rules, including new provisions on third-party funding, arbitrator disqualifications and expedited proceedings.

18 March 2019

The European Parliament has voted to approve free trade and investment protection agreements between EU and Singapore, including provisions for an “investment court system” that the European Commission views as a stepping stone towards multilateral reform of investor-state dispute settlement.

15 February 2019

The ICC International Court of Arbitration has released updated guidance on the conduct of arbitration under its rules – seeking to assist arbitrators with disclosure of potential conflicts, facilitate the constitution of tribunals and enhance transparency among other goals – and adapted its model clause to take account of a controversial judgment in Russia.

20 December 2018

California – the world’s fifth-largest economy – looks set to overhaul its reputation as an arbitral hub after its governor approved a bill expressly permitting out-of-state and foreign lawyers to appear in international arbitrations seated there.

19 July 2018

A “New York-style Convention” aimed at ensuring the cross-border enforceability of international settlement agreements arising from mediation is one step closer to fruition after the United Nations Commission on International Trade Law finalised the text of the draft treaty earlier this week.

29 June 2018

UPDATED WITH LINKS. The Netherlands has published a new draft model bilateral investment treaty, which abandons the system of party-appointment of arbitrators and prohibits “double hatting” (acting as both counsel and arbitrator) in investment disputes, among other striking and possibly trail-blazing changes.

16 May 2018

A GAR award-winning joint working group formed by ICCA, the New York City Bar Association and the International Institute for Conflict Prevention and Resolution has unveiled a draft protocol on cybersecurity in international arbitration at the ICCA Congress in Sydney.

17 April 2018