Practical Law

Successful appeals under section 69 of the Arbitration Act 1996 (AA 1996) are like buses; none come along for a while and then you get two in quick succession.

Under major institutional rules, there is a clear obligation on the parties to pay advance deposits towards the costs of the arbitration in equal proportions. However, there are times when a wayward respondent, as a frustration tactic, refuses to pay its share of advance deposits. If the respondent fails to pay advance deposits, the arbitral … Continue reading Partial award on advance deposits: what happens if there is a jurisdictional challenge? →

Introduction Since the end of the Cold War, economic sanctions have become one of the primary foreign policy tools employed by governments to force change in a regime’s policies and practices, particularly as governments seek to avoid the high cost of military conflict. Sanctions are now commonly used to prevent or punish proliferation of nuclear … Continue reading Implications of economic sanctions on international arbitration →

The use of tribunal secretaries in international arbitration has been the subject of much criticism and debate in recent times. Much of the concern has focused on the idea of the tribunal secretary effectively performing the functions of a “second”, “fourth” or “shadow” arbitrator.