Laws, treaties and soft law

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

The latest round of renegotiations of the North American Free Trade Agreement have come to an end with no real sign of progress, although the administration of US president Donald Trump has updated its objectives with regard to the reform of investor-state dispute settlement among other matters.

22 November 2017

The Mauritius Convention on Transparency has entered into force today after being ratified by Mauritius, Canada and Switzerland – meaning a commitment to transparency will become part of the treaty-based investor-state dispute settlement regime of these three states.

18 October 2017

The Hong Kong International Arbitration Centre has invited practitioners to weigh in on proposed amendments to its administered arbitration rules - including whether it should develop its own rules for investment arbitration.

08 September 2017

The new ICC Rules of Arbitration take effect today while a revised note to parties and arbitrators seeks to prevent delay in new expedited proceedings, ensure reasons are provided for decisions and govern the conduct of participants in arbitrations for the first time.

01 March 2017

Bulgaria has made sweeping amendments to its arbitration law in a bid to curb potential abuses to the system – though some specialists warn that the changes may fail to cure the problem and increase the state’s control over arbitration.

16 February 2017