Lessons Learned

  • Digital Case Management in International Arbitration 19/08/2019 16:30

    The modern business world strives to increase efficiency – and the use of modern IT systems is a key tool in that regard. One would thus expect that arbitration, which aims to resolve disputes efficiently, would jump at the many opportunities offered by modern IT technology to truly digitalise dispute resolution.

  • Negotiation in the Context of Arbitration 16/08/2019 11:39

    Although these two dispute resolution mechanisms surely have their distinctions, parties, advocates and arbitrators would do well to take lessons from the mediation forum in the preparation for, practice and perhaps resolution of arbitrated disputes

  • Does an invalid arbitration clause equal no arbitration clause? 16/08/2019 11:36

    Company A and Company B entered into an agreement which contained an arbitration clause specifying that any dispute arising from or in connection with the agreement would be submitted to the Fushun Arbitration Commission in Shandong Province or a people's court with jurisdiction

  • High Court considers governing law of arbitration agreement and enforcement against non-parties 16/08/2019 11:31

    In J (Lebanon) v K (Kuwait)(1) the High Court granted an application for the adjournment of an arbitral award, pending the outcome of a challenge before the Paris Court of Appeal by a non-party to the arbitration agreement.

  • Supreme Court evaluates hybrid arbitration agreement 30/07/2019 14:29

    In its 21 August 2018 decision, the Supreme Court considered the validity of a hybrid arbitration agreement which provided for the formation of a tribunal under the International Chamber of Commerce (ICC) Rules of Arbitration (the ICC Rules) to arbitrate at the Vienna International Arbitral Centre (VIAC). In this context, the court also considered the consequences of violating procedural rules agreed by the parties and the tribunal's failure to issue a reasoned award.

  • Is The Scope Of Arbitration Agreement In Shareholders Agreement Wide Enough? Lessons On Drafting From A Hong Kong Case 15/07/2019 16:45

    In the recent Hong Kong decision of Dickson Holdings Enterprise Co Ltd v. Moravia CV and Others [2019] HKCFI 1424, the court considered whether the arbitration agreement contained in the parties’ shareholders’ agreement covered disputes arising from any affairs of the company. 

  • Future Profits vs Cost: When do Tribunals Consider a Damages Claim Too Speculative? 05/07/2019 14:35

    Recently published arbitral awards provide insight into Tribunals’ reasoning when the quantum of a claim is challenged for being too uncertain or speculative.

  • Dispute resolution for multi-contract projects: avoiding parallel proceedings and conflicting decisions 05/06/2019 15:11

    Construction contracts are commonly part of a wider suite of project contracts, involving multiple, overlapping parties. Depending on the project, this suite can include concession and licence agreements, joint venture agreements, offtake agreements, financing agreements, direct agreements, guarantees and agreements with subcontractors. 

  • The UK Supreme Court to Hear Deepwater Horizon Appeal Seeking Removal of an Arbitrator 05/06/2019 14:53

    The UK Supreme Court will hear an appeal from Halliburton Company v Chubb Bermuda Insurance Ltd [2018] EWCA Civ 817 on whether an arbitrator may accept appointments in multiple references concerning the overlapping subject matter with only one common party, without giving rise to an appearance of bias and without disclosure. As it stands, the decision of the Court of Appeal means that arbitrators can accept multiple appointments in arbitrations with overlapping subject matters, without disclosure, and without necessarily giving rise to doubts about their impartiality.

  • Confidentiality of Already Disclosed Documents: Admissibility of Improperly Obtained Privileged Evidence 27/05/2019 16:23

    Arbitral tribunals have, in various instances, allowed parties to rely on documents obtained illegally as evidence. Practically, however, such documents are of a privileged character, e.g. emails exchanged between attorneys and clients, any information related to a set of confidential proceedings or communications between a psychotherapist and a patient. Privileged documents deserve higher legal protection and they cannot be admitted as evidence in arbitration proceedings. 

  • International arbitration 23/05/2019 10:31

    Arbitration offers a compelling forum for resolving international commercial disputes. As a consequence, there is now greater competition between traditional arbitral seats and emerging institutions – rivalry that is leading to greater efficiencies and innovative services. In an ever-changing socioeconomic world, issues such as increasing transparency requirements and transformative technological advances will do much to shape and define the international arbitration community over the coming months and years.

  • Court upholds jurisdiction of tribunal over settlement agreement lacking express arbitration clause 07/05/2019 09:51

    In Sonact Group Limited v Premuda SPA, the High Court found that a tribunal had jurisdiction over a dispute that arose from a settlement agreement lacking an express arbitration clause. Mr Justice Males held that the parties had intended that the arbitration clause contained in the underlying charterparty would continue to apply to the informal settlement agreement. The court took into account industry practice and found that it would be extraordinary if the parties had not intended to remain bound by the arbitration clause.

  • Are recordings made without consent of counterparty admissible as evidence in arbitration? 11/04/2019 10:24

    In a recent arbitration, the claimant and the respondent were both large state-owned mining enterprises which had entered into a long-term iron ore transaction. Each year, the parties had signed a sales and purchase agreement, which had set out the manner in which the claimant would sell iron ore to the respondent.

  • Need for speed: get your anti-suit injunction fast! 11/04/2019 10:11

    Parties entering into arbitration agreements ordinarily abide by their contractually chosen dispute resolution mechanism and proceed accordingly. However, counterparties sometimes start proceedings in a foreign jurisdiction in breach of an arbitration clause. How does an innocent party restrain such conduct?

  • Art and Arbitration: What Needs To Be Done To Improve The Security Of Art Sales And Transactions 29/03/2019 11:24

    What can be done to increase the trustworthiness of this opaque yet dynamic market?

  • Summaries and Issues in the ICC Terms of Reference: The Right Level of Case Management 26/02/2019 09:48

    What are Terms of Reference in the ICC Rules of Arbitration, and what are they for?

  • When is Commencement of Court Proceedings a Repudiatory Breach of an Arbitration Agreement? 19/02/2019 14:11

    Commencement of litigation is prima facie repudiatory, but it would be open to the breaching party to furnish an explanation and show that it had no repudiatory intent in doing so.

  • Essential Tips on Cybersecurity for Arbitrators: Identify, Protect, Detect, Respond and Recover 13/02/2019 10:13

    The dependence on digital records creates significant cybersecurity vulnerabilities, which can result in major harm to the parties involved in an international arbitration.

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