Posts by Victoria Clark

  • Arbitration Act 1996: is it time for an update?

    “The 1996 Act is not a complete code of the law of arbitration, but allows judges to develop the common law in areas which the Act does not address.” So said Lord Hodge in his lead judgment in the widely reported UK Supreme Court decision in Halliburton v Chubb.

  • Sanctions and arbitration clauses

    Sanctions have been described as the new economic battlefield and, in recent years, there has been a sharp increase in the imposition of sanctions as a foreign policy tool for effecting political change. This blog post considers some of the practical implications of sanctions for those drafting arbitration clauses. Whilst there is no perfect solution … Continue reading Sanctions and arbitration clauses

  • Does arbitration need costs budgeting?

    In a recent address at an international arbitration conference in Mauritius, Sir Rupert Jackson, famous for his wide ranging reforms to English civil procedure, invited people to consider the benefits of introducing costs budgeting and costs management into arbitrations, at least for lower value claims.

  • Time limits for awards: the danger of deadlines

    Cost and delay remain the two areas of greatest concern to parties in arbitration. Data released last year by the London Court of International Arbitration (LCIA) indicated that the median and mean durations of an LCIA arbitration are 16 and 20 months respectively.