Introduction
It is generally accepted that Brexit will not affect the conduct of arbitration claims in London as much as other areas of law. The legal framework of arbitration in the UK is not governed by EU law and it has the benefit of the New York Convention ensuring ongoing enforceability of arbitral awards. Continue reading
As in most international agreements, the Brexit withdrawal agreement (which has been agreed at negotiators’ level but has yet to receive approval in the UK Parliament) contains a dispute resolution clause to resolve any disputes on its interpretation or application. Continue reading
The SOAS Arbitration in Africa Survey report published earlier this year has sought to compile data to test the perception, based on some anecdotal evidence, that African arbitration practitioners are under-represented in arbitrations relating to the Africa region. The survey gathered data from 191 African arbitration practitioners on their participation in domestic and international arbitration over the period 2012-2017. Continue reading
On 15 November 2018, in apparent disbelief at the deal which he had helped negotiate, the Secretary of State for Exiting the European Union, Dominic Raab, beat an impressive retreat into political oblivion.
When some of our politicians seem immune to their state responsibilities, what better time is there to consider the application of state immunity in the context of arbitration enforcement? Continue reading
The most recent case law of the Dubai International Financial Centre (DIFC) Court of First Instance (the CFI) (see Chenshan Liu v Dubai Waterfront LLC) shows that the DIFC as a conduit is alive and kicking. This is despite fears that the DIFC Courts’ role as a conduit jurisdiction for the recognition and enforcement of onshore non-DIFC awards in offshore DIFC for onward execution against assets of award debtors in onshore Dubai might be moribund. Continue reading
The Grain and Feed Trade Association (GAFTA) have recently amended both the GAFTA 125 Arbitration Rules and GAFTA 126 Simple Disputes Arbitration Rules (now renamed the Expedited Arbitration Procedure Rules).
Arbitration specialists in solicitors’ firms are familiar with the evening phone call from transactional colleagues: “Can you look at our arbitration clause? We need to sign the contract tonight”. Frustrating as such entreaties can be, it is preferable to be asked in advance than to encounter a problematic clause for the first time after a dispute has arisen. Continue reading
The Equal Representation in Arbitration Pledge (the Pledge), conceived as a call to action to address the historical under-representation of women in international arbitration, is celebrating reaching a milestone 3,000 signatories since its launch in May 2016. This blog post discusses the breakdown of these signatories, marks the Pledge’s progress to date and looks ahead to what more needs to be done. Continue reading
The Swiss Government published on 24 October 2018 the draft bill regarding the revision of its arbitration law, that is, Chapter 12 of the Private International Law Act (PILA). The revision’s stated objectives are to codify the case law of the Swiss Supreme Court, clarify open issues, increase party autonomy, and improve the wording of the PILA so as to make it more user-friendly. Continue reading
In a meticulous lesson on the doctrine of “Functus Officio” the New York Appellate Division, First Department has given the arbitration world an erudite explanation of when an arbitration decision is final and not subject to change in American International Specialty Lines Insurance Company (AISLIC) v Allied Capital Corp.
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