The International Council for Commercial Arbitration (ICCA) held its 24th biannual congress against the spectacular backdrop of Sydney in the autumn between 15 and 18 April 2018. The theme of this Congress was Evolution and Adaptation: The Future of International Arbitration. I had planned my trip to Sydney more than a year in advance and was … Continue reading Reflections on the International Council for Commercial Arbitration’s 24th Congress, Sydney, 15-18 April 2018
Background The Emirates Maritime Arbitration Centre (EMAC) was officially launched in November 2016. It signifies an important push by the United Arab Emirates (UAE) to promote a specialised regional maritime dispute resolution institution. Due to growing maritime activity, EMAC aims to provide the finest arbitration services in the region with arbitrations seated in the Dubai … Continue reading Maritime arbitration and mediation in the UAE: EMAC
In line with international trends, commercial arbitration of disputes in South Africa has become more popular over the last 15 years. This is particularly so in disputes which require the arbitrator to have specialised commercial skills, for example, in disputes that are commercially complex or transnational in scope, or where a particular expertise is required, … Continue reading A new dawn for international arbitration in South Africa?
The Inter-Pacific Bar Association (IPBA) is an organisation with some similarities to the International Bar Association (IBA), with a regional focus on Asia-Pacific. Its 27th annual conference took place in Auckland between 6 and 9 April this year. The conference is well attended by lawyers and others with an interest in legal developments and issues … Continue reading Inter-Pacific Bar Association Annual Conference 2017
Deciding upon which institutional rules are incorporated into a contract may have its advantages. One consideration is whether the institutional rules cut down the power of the court to assist the parties in arbitral proceedings. In particular regarding flexibility, privacy, speed and whether a court order may be easier to enforce than a decision of … Continue reading LMAA 2017 terms decide not to cut down the courts’ powers
Norton Rose Fulbright hosted a fascinating event last week focussing on the comparative risks and rewards of arbitrating in a number of jurisdictions, including Russia, Dubai, India, London, Singapore and Hong Kong.
It is probably fair to say that the majority of practising international arbitrators came through the ranks as practising lawyers. The lack of gender balance on international arbitration tribunals is often attributed to the “pipeline leak”, that there are insufficient numbers of women at the top end of the legal profession. This should not be … Continue reading Will the pipeline leak be mended in 2017?
Lord Scarman’s warning of the “treacherous shortcut” that can be preliminary issues in Tilling v Whiteman remains sage. It is true that isolating vaguely drafted questions for preliminary determination, or those that have no significant impact on the outcome of a case, can lead to a disproportionate outlay of costs early on in proceedings. This … Continue reading Preliminary issues: when to risk the treachery of the short cut?
The arbitration environment in India has historically suffered from a number of issues, two of which have been particularly serious. The first has been the attitude of the courts towards arbitration. Over the years, there have been many complaints about delay in the courts doing anything at all about arbitration once seised, and about perceived interference … Continue reading The Mumbai Centre for International Arbitration: will it really change international arbitration in India?
The decision of whether to mediate or proceed straight to arbitration before each party knows what the other will say, or before they have seen the supporting evidence (or defence), may be thought of as an insoluble problem. So too might the question of how disputes can be resolved proportionately where there are multiple parties … Continue reading Arbitration and early resolution
This blog considers the impact of Brexit on London arbitration and, in particular, the effect of losing many EU Regulations that currently form the core of England’s conflicts, and choice, of law positions in three key areas: Choice of law rules. Anti-suit injunctions. Enforcement of arbitral awards.
A recent development following Peter Smith J’s decision to recuse himself in Emerald Supplies Limited v British Airways reminds us once again of the need for both actual and apparent impartiality in dispute resolution. In that case, His Lordship was involved in a separate personal dispute with the defendant. In an article for The Times … Continue reading Connections, partiality and recusal
The Inter-Pacific Bar Association (IPBA) is an organisation with some similarities to the International Bar Association (IBA), with a regional focus on Asia-Pacific. Its annual conference (the 26th) was this year in Kuala Lumpur between 13 and 16 April. The conference is well attended by lawyers and others with an interest in legal developments and … Continue reading Reflections on the Dispute Resolution and Arbitration Committee’s sessions at the IPBA Conference in Kuala Lumpur, April 2016
On 10 March 2016, the London Shipping Law Centre held a seminar, hosted by Stephenson Harwood LLP in London, inviting a number of commercial barristers to give their frank reflections on the Arbitration Act 1996 (AA 1996) almost 20 years on from its drafting and coming into force: had the AA 1996 proven fit for purpose?
International commercial dispute resolution is big business. Which are the key centres for the resolution of such disputes? Having seen at first hand quite a number of such centres, I am satisfied that London can lay a strong claim to pole position. As I see it, English law (the grandfather of the common law systems) … Continue reading London calling: where and how to resolve disputes
A recent study, the 2015 International Arbitration Survey on Improvements and Innovations in International Arbitration by Queen Mary University of London, found that the two areas of most concern to parties are costs and delay.