- July 18, 2022
Reform of the Arbitration Act: should disclosure of third-party funding be on the agenda?
On 30 November 2021, the Law Commission announced that it would be conducting a review of the English Arbitration Act 1996 (AA 1996). The aim of the review is to maintain the attractiveness of England and Wales as a “destination” for dispute resolution and the pre-eminence of English Law as a choice of law. The … Continue reading Reform of the Arbitration Act: should disclosure of third-party funding be on the agenda? →
- April 23, 2021
Beware of a Russian torpedo: the impact on arbitration agreements of sanctions-related amendments to Russian procedural law
It is no secret that for the past 20 years, international arbitration has been a popular method of dispute resolution for Russian parties and companies ultimately controlled by them.
- April 15, 2020
The emergency arbitrator is officially a teenager
More than 13 years ago, in May 2006, the International Centre for Dispute Resolution (ICDR) introduced a new procedure into its arbitration rules whereby parties could seek emergency interim relief from an emergency arbitrator before the constitution of the arbitral tribunal. Since then, most of the major arbitral institutions, including SCC (2010), SIAC (2010), ICC (2012), … Continue reading The emergency arbitrator is officially a teenager →
- October 2, 2018
Rasstavit tocki nad i: the lessons learnt from recent judgments of the Russian courts on the enforcement of arbitration agreements and awards
Roughly translated as “remember to dot your i’s and cross your t’s”, the phrase “Rasstavit tocki nad i” is quite an apt description for some of the lessons learnt from recent judgments of the Russian courts on the enforcement of arbitration agreements and awards in Russia.
- February 27, 2018
Validity of notices and requests for arbitration: when context and rules are key factors
Usually, the first formal step in an arbitration is the service of a notice or request for arbitration. The parties are generally free to agree how arbitration proceedings are to be commenced and, historically, the courts have tended to have a robust approach to the construction of notices of arbitration. However, it would be wrong … Continue reading Validity of notices and requests for arbitration: when context and rules are key factors →
- June 7, 2017
Third party funding and the pitfalls of privilege
Introduction Since first emerging in its modern form in Australia about 20 years ago, third party funding has become widespread, first in investment arbitration, later expanding to international commercial arbitration in the common law world, as well as in a number of civil law jurisdictions. Recent changes in the law in both Hong Kong and … Continue reading Third party funding and the pitfalls of privilege →
- September 5, 2016
The curious case of state immunity: how to avoid a Pyrrhic victory
It is well-known that problems frequently arise when a non-state winning party attempts to enforce and execute an arbitral award against a state or state entity.