Practical Law

For over ten years, BCLP have conducted an annual survey on issues affecting the arbitration process. This year’s survey focuses on the reform of the English Arbitration Act 1996, a topic chosen to coincide with the Law Commission’s ongoing consultation on reform of the legislation.

The recent Privy Council decision in Flashbird Ltd v Compagnie de Sécurité Privée et Industrielle SARL has highlighted some of the problems that can arise from the use of hybrid arbitration clauses. This blog considers the issues that arose in that case and how parties can avoid them.

Over the last 11 years, BCLP have conducted an annual survey on issues affecting the arbitration process. This year’s survey focuses on the role of the party-appointed expert in international arbitration, a topic that has been the subject of debate for a number of years.

“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.

In the recent case of A Company v X, the English Technology and Construction Court granted an injunction to prevent an expert witness from acting for a party in arbitration proceedings in circumstances where a colleague of the expert at the same global consultancy firm was already acting for the other party in separate arbitration … Continue reading Walking the line: independence and the party-appointed expert →

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 →

8 March is International Women’s Day, a global day celebrating the social, economic, cultural and political achievements of women whilst at the same time marking a call to action to accelerate gender equality.

There is an important distinction between an arbitral award and other decisions made by an arbitral tribunal during the course of an arbitration. A decision that has the status of an award can be challenged or appealed to a national court and can be enforced under the relevant international conventions. In contrast, a decision that … Continue reading Decisions, decisions: order or award? →

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 →

It’s fair to say that the “rational businessman”, as described by Lord Hoffmann in the Fiona Trust case, has been pretty busy over the last few years.

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.

In Joseph Heller’s novel, Catch 22, the main character feigns madness in order to avoid dangerous combat missions, but his desire to avoid them is taken to prove his sanity. Whilst not quite causing madness, for a number of years now parties and the courts have been grappling with the problematic inter-relationship between sections 57 and … Continue reading Daewoo Shipbuilding v Songa: clarification of Catch 22? →

One of the great attractions of arbitration over litigation is that it gives the parties the opportunity to participate in the selection of an arbitrator who will resolve their disputes. The choice of arbitrator can be critical to the outcome, which may be why 38% of respondents to School of International Arbitration at Queen Mary, … Continue reading Not qualified: the lessons of TonicStar v Allianz →

Time and tide, it is said, wait for no man. The recent decision in Rollitt v Ballard certainly highlights the importance of time limits, particularly when it comes to challenging an arbitral award.

Surveys conducted by Queen Mary University of London have confirmed that international arbitration remains the preferred method for resolving cross border disputes. One of the key attractions of arbitration is the ability of the parties to participate in the selection of the arbitrators who will determine the issues in dispute and the quality of arbitration … Continue reading Are arbitrators thinking fast or slow? →

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.

One of the worst characteristics of international arbitration (according to the respondents to the 2015 International Arbitration Survey conducted by the School of International Arbitration at Queen Mary University of London (QMUL survey)) is lack of speed. This is a rather worrying finding, given the continuing attempts of most of the major arbitral institutions to … Continue reading The need for speed: why expedited arbitration may not be the answer →

We all know that legal costs are a significant issue for clients and, whilst arbitration remains an extremely popular form of dispute resolution, “cost” is often seen as one of its worst features.