Update on commercial arbitration

  • IP Arbitration on the Rise 30/07/2019 14:26

    The relevance of intellectual property in business is on the rise, in particular concerning cross-border transactions. Accordingly, the willingness to defend such rights is also becoming stronger.

  • Expert evidence: practical tips for managing party-appointed experts 05/06/2019 15:04

    Large-scale international infrastructure and construction projects always involve factual questions of what, where and when. However, responsibility invariably turns on more intricate questions of cause and effect and expert evidence is usually required, often across more than one discipline. The expert phase is often therefore the most critical, and sometimes costly, part of the arbitration process. This article offers some practical tips for managing party-appointed experts in arbitrations.

  • A Critique of Double Standards on Dispute Resolution Mechanisms of EU in Bilateral Investment Treaties and Double Taxation Treaties 23/05/2019 10:24

    This post aims at highlighting an inconsistency in the law of the European Union (“EU”) in regards to the comparison of the treatment of Bilateral Investment Treaties (“BITs”) and Double Taxation Treaties (“DTTs”) concluded between EU Member States. The inconsistency lies in the diametrically different approaches adopted by EU law and its institutions (“EU Institutions”) towards the dispute resolution mechanisms contained in these international instruments.

  • Comprehensive guidance for recognition and enforcement of foreign arbitral awards 20/05/2019 16:52

    The courts of the foreign state in which a foreign arbitral award was issued have jurisdiction over any objection or dispute concerning its validity and the Greek courts have no jurisdiction to adjudicate an action to nullify a foreign arbitral award for the reasons set out in Articles 70, 897 and 901 of the Code of Civil Procedure.

  • Arbitrating in CEE & CIS: Transparency, Accountability and Choice of Arbitrators 20/05/2019 16:46

    The second edition of the Jeantet “Arbitrating in CEE and CIS” roundtable was held during the Paris Arbitration Week on Thursday 4 April 2019 at the Jeantet offices. The topic of this year’s edition was “Transparency, Accountability and Choice of Arbitrators”.

  • French court rules that mandatory expert determination provisions do not render arbitration clauses inapplicable 20/05/2019 16:41

    The arbitral tribunal's power to determine its jurisdiction (known as 'compétence-compétence') is a fundamental principle of French arbitration law. Pursuant to Article 1465 of the French Civil Procedure Code, "[t]he arbitral tribunal has exclusive jurisdiction to determine challenges to its jurisdiction".(1) Thus, arbitrators have the exclusive power to determine the scope of their jurisdictional powers (and their validity), including with respect to the subject matter of disputes covered by an arbitration agreement. The practical consequence of this exclusivity is that a court seised of a dispute that is subject to an arbitration agreement must decline jurisdiction. That is unless, as set out in Article 1448 of the Civil Procedure Code, an arbitral tribunal has not yet been seised of the dispute and the arbitration agreement is "manifestly void or manifestly inapplicable".

  • Arbitration Agreements Concluded by Agents and the Specific Authority Issue 03/05/2019 15:56

    In order to conclude an enforceable arbitration agreement, various validity conditions are required. The authority of the signatory agent to conclude an arbitration agreement on behalf of the principal is one of these requirements. In some jurisdictions, an explicit/specific authority is also required. An agent authorized with a general power of attorney, but without an explicit statement on the authority to conclude an arbitration agreement, is not entitled to conclude so on behalf of the principal. If an arbitration agreement is concluded by an agent who lacks specific authority, the arbitral tribunal’s jurisdiction may be challenged, the award may be annulled, or the enforcement of the award may be rejected.

  • New CIArb Guidelines on Witness Conferencing 25/04/2019 09:17

    On Tuesday 22 April 2019, the Chartered Institute of Arbitrators (Singapore) issued their Guidelines for Witness Conferencing in International Arbitration (the “Guidelines”),1) providing tribunals, witnesses and parties with guidance in the conduct of witness conferencing.

  • Hong Kong and Mainland China Agree upon Bilateral Arrangement Regarding Interim Measures for Arbitration 04/04/2019 09:56

    In a significant development for the region, Mainland China and Hong Kong have announced a bilateral arrangement by which the Chinese courts will now recognise and enforce interim measures in support of institutional arbitration seated in Hong Kong (the “Arrangement”).

  • A Changing Landscape for International Energy Arbitration: A Report from the 6th Annual ITA-ICC-IEL Joint Conference 01/04/2019 14:30

    The 6th Annual Joint Conference on International Energy Arbitration, co-hosted by the Institute for Transnational Arbitration (ITA), the Institute for Energy Law (IEL), and the International Court of Arbitration of the International Chamber of Commerce (ICC), took place on January 24-25, 2019, in Houston, Texas. 

  • A Comparison of the IBA and Prague Rules: Comparing Two of the Same 14/03/2019 14:41

    The Prague Rules aim to increase efficiency and reduce costs in arbitral proceedings. The project arose from a general dissatisfaction with both the costs of arbitration and the length of proceedings.

  • Reflections on Default Number of Arbitrators under Expedited Procedure Rules 14/03/2019 14:37

    In my view, this approach is a bit too hardline: when parties choose a certain set of arbitration rules, they have to accept all of them, without any deviations by agreeing otherwise. 

  • Efficient Arbitration – Part 3: Winning an Efficient Arbitration 17/09/2018 16:11

    Where issues have been fully covered in submissions, counsel should consider whether opening statements are really necessary, and if so, whether they could at least focus only on the issues.

  • Efficient Arbitration – Part 2: Launching an Efficient Arbitration 17/09/2018 15:59

    A range of tools are available to focus the spending of resources. Resources should be invested, not wasted. The selection of the right tools to do so often falls to counsel. 

  • Efficient Arbitration – Part 1: Metrics 17/09/2018 15:54

    This is the first in a series of articles by Schoenherr focusing on efficiency in arbitration. In our series, we will explore various tools which serve to improve the efficiency of any given arbitration and so achieve a favourable outcome without wasting resources.

  • Third Party Funding in Asia: whose duty to disclose? 04/06/2018 08:59

    Keen to ensure the new regime works, the Singapore Ministry of Law is already seeking feedback on whether cases are being funded, businesses are benefiting from the liberalisation, and whether 

  • Commercial Arbitration in the ASEAN Region Poised to Increase Confidence in Foreign Investment 21/03/2018 10:19

    ASEAN, the Association of Southeast Asian Nations, has been progressing toward achieving its height- ened goal of an integrated AEC.

  • Indonesia: Enforceability of Foreign Anti-Suit Injunctions under Indonesian Law 07/03/2018 16:20

    There have been a number of occasions in Indonesia when domestic court proceedings and foreign arbitration proceedings of the same matter were carried out concurrently. 

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