REUTERS | Ints Kalnins

On 11 September 2019, the Stockholm Chamber of Commerce (SCC) adopted a policy encouraging the disclosure of the identity of “any third party with a significant interest in the outcome” of an SCC arbitration. This new policy is effective. Such disclosure will likely initially be contained within the parties’ first written submissions, although parties are also encouraged to disclose where any third party acquires a significant interest in the outcome of the dispute during the course of the arbitration. Continue reading

REUTERS | Juan Carlos Ulate

Earlier last month, the ADGM Arbitration Centre (ADGMAC) and the Emirates Maritime Arbitration Centre (EMAC) signed a co-operation agreement (see Cooperation Agreement between the Abu Dhabi Global Market Arbitration Centre and Emirates Maritime Arbitration Centre, dated 8 September 2019) in an ambitious move to unite forces in the development and promotion of international commercial and maritime arbitration and mediation across the Middle East. Behind this ambition lies the idea that the Abu Dhabi Global Market (ADGM) and the Dubai International Financial Centre (DIFC), the home jurisdiction of the EMAC, serve both as attractive free zone seats and venues in their own right. Continue reading

REUTERS | Faisal Mahmood

Judgment was recently handed down in Islamic Republic of Pakistan and another v Broadsheet LLC. In this case, Moulder J considered two competing and irreconcilable lines of authority in respect of whether failure of reasoning can ground a challenge against an arbitral award pursuant to section 68 of the Arbitration Act 1996 (AA 1996). The decision both confirms that there is no scope for a section 68 challenge based on inadequate reasoning and cautions against conflating the concepts of “substantive injustice” based on “failure of reasoning” as between court proceedings and arbitral proceedings. Continue reading

REUTERS | Leonhard Foeger

Under English law, it has long been held that “exemplary damages ought not to be, and are not according to any true principle of law, recoverable” for claims in breach of contract. The injured party in a contractual claim is entitled to “adequate compensation in money for the loss of that which he would have received had his contract been kept, and no more” (Addis v Gramophone Company Ltd). Continue reading

REUTERS | Hannah McKay

The judgment of Sir Michael Burton in P v D provides a salutary warning to those appearing as advocates in London seated arbitrations of the dangers of failing to cross-examine key witnesses on essential issues. In addition, it provides a salutary warning to arbitrators of the dangers of failing to ensure that “proper” cross-examination is conducted or of rejecting evidence on essential issues which has not been the subject of “proper” cross-examination. Continue reading

REUTERS | Aly Song

The Technology and Construction Court (TCC) recently considered the question on whether it could and, properly, should adjourn its decision on the recognition or enforcement of a New York Convention award, in the case of AIC Limited v The Federal Airports Authority of Nigeria. Continue reading

REUTERS | Mark Blinch

In an ongoing NAFTA Chapter 11 investor-state dispute (Tennant Energy v Canada), the claimant raised the rather novel question about whether the EU General Data Protection Regulation (GDPR) was applicable to arbitration proceedings. Tennant Energy had, amongst other things, referred to the fact that one of the arbitrators, Sir Daniel Bethlehem QC, was a UK national with offices in London and thus fell under the GDPR. Since arbitration proceedings typically involve a huge amount of data (including personal data), which the arbitrators receive from the parties and which they must process, it is not far-fetched to argue for the applicability of the GDPR in arbitration proceedings. Continue reading

REUTERS | Daniel Becerril

Claims for costs are a key ingredient of any arbitration proceeding, in particular in circumstances where alternative recourse to the local courts does not allow the prevailing party to recover its costs on a full indemnity basis. This is, for instance, the case in the United Arab Emirates (UAE), whose courts, although awarding full court fees to the prevailing party, only provide for nominal recovery of party costs and, in particular, counsel fees. This can create some discouragement for parties with small value claims, given that legal fees can be significant even in smaller cases. In such circumstances, parties will hope to find a greater degree of flexibility in arbitration.

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REUTERS | Brendan McDermid

International arbitration has been gaining popularity as an alternative to litigation. Despite its popularity, there are still some grey areas of international arbitration which are highly debated amongst the courts and scholars. Despite being one of the most fundamental issues of international arbitration, the enforcement of annulled arbitral awards is one of those grey areas. Continue reading