- August 31, 2017
Lagging behind: is there a clear set of rules for the treatment of illegally obtained evidence in international arbitrations?
Introduction Rightly or wrongly, applications to admit illegally or improperly obtained evidence (including evidence obtained by hacking) are on the rise in commercial disputes between private parties. The release of WikiLeaks diplomatic cables starting in 2010 resulted in parties seeking to introduce the confidential cables as evidence in investment treaty arbitrations, including the well-known RosInvestCo … Continue reading Lagging behind: is there a clear set of rules for the treatment of illegally obtained evidence in international arbitrations? →
- April 28, 2017
Keeping it under wraps: the limits on confidentiality in arbitration
Three recent judgments of the English High Court show contrasting approaches to the publication of judgments in arbitration claims. In Tony Pulis v Crystal Palace and Symbion Power LLC v Venco Imtiaz Construction Company, both concerning challenges under section 68 of the Arbitration Act 1996 (AA 1996), the court declined to withhold publication or anonymise … Continue reading Keeping it under wraps: the limits on confidentiality in arbitration →
- November 2, 2016
Effective incorporation of arbitration clauses: are you making it clear?
Introduction The question of whether an arbitration agreement is incorporated into a contract is fundamental, determining whether the parties are required to resolve their disputes by arbitration. However, whilst section 6 of the Arbitration Act 1996 clearly defines what is meant by an “arbitration agreement”, the provision leaves open the question of what is required … Continue reading Effective incorporation of arbitration clauses: are you making it clear? →
