REUTERS | Sigtryggur Johannsson

This three-part blog provides a diversity checklist to help retain and promote young and diverse talent in international arbitration. Part one contains an introduction to the state of diversity in international arbitration, and how checklists can help achieve excellence. This part two discusses the rationale for a ten-point diversity checklist in arbitration. Part three sets out the checklist itself, as well as two associated questionnaires for use at the start and end of arbitration proceedings to allow the tribunal and institution to learn about participants’ experience of the proceedings from a diversity and inclusion perspective.

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REUTERS | Mike Blake

This three-part blog provides a diversity checklist to help retain and promote young and diverse talent in international arbitration.  This first part contains an introduction to the state of diversity in international arbitration, and how checklists can help achieve excellence. Part two discusses the rationale for a ten-point diversity checklist in arbitration. Part three sets out the checklist itself, as well as two associated questionnaires for use at the start and end of arbitration proceedings to allow the tribunal and institution to learn about participants’ experience of the proceedings from a diversity and inclusion perspective.

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REUTERS | Hannah McKay

The recent publication of the 2020 Annual Casework Report by the London Court of International Arbitration (LCIA) sets the scene for what was a remarkably successful year for the court. Last year, the LCIA received a robust and all-time high of 444 referrals, including 407 arbitrations pursuant to the LCIA Rules (an 18% increase from 2019). Revealingly, the long-term growth data shows a doubling of caseloads over the last ten years. Continue reading

REUTERS | Tom Nicholson

Procedural flexibility is one of the pillars of international arbitration. In the past year and a half, we have seen how procedural flexibility enables international arbitration to meet and rise above the challenges of a global pandemic. Arbitration practitioners around the world seamlessly and efficiently extended the existing use of video conferencing from case management conferences and procedural hearings to substantive hearings and arbitrator deliberations.

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REUTERS | Yves Herman

Arbitrators are inevitably bound by a duty of impartiality, whether that arises from of article 12 of the UNCITRAL Model Law, article 11 of the ICC Rules 2021, rule 11 of the CIArb Code of Professional and Ethical Conduct, the IBA Guidelines of Conflicts of Interest 2014 or any other applicable rule.  What is sure is that some incarnation of this duty will apply.

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REUTERS | Jorge Silva

In a recent ruling of earlier this year (No. RG 18/05756 – D v. K, Paris Court of Appeal), the Paris Court of Appeal annulled a partial award rendered by a tribunal confirming its proper constitution under the 1976 United Nations Commission on International Trade Law (UNCITRAL) Rules of Arbitration within the context of an appointment under the Agreement on Promotion and Protection and Guarantee of Investments among Member States of the Organization of the Islamic Conference (OIC Agreement).  Continue reading

REUTERS |

One day short of April Fool’s Day this year saw the Singapore International Arbitration Centre (SIAC) release its 2020 Annual Report (SIAC Report). Far from being a joke, the report presented some phenomenal figures that appear to cement deeper SIAC’s reputation as one of the leading international arbitration institutions, and Singapore’s reputation as a favoured arbitration hub. Continue reading

REUTERS | Ajay Verma

Much ink has already been spilled on the witness evidence reformswhich came into effect in April 2021 and will have a far-reaching effect on how witness evidence is approached in litigation in the English Commercial Court. Judicial concern about the inappropriate use of witness statements in court proceedings has led to the new Practice Direction (PD) 57AC and Appendix that now apply (with some limited exceptions) to trial witness statements in the Business and Property Courts. The new PD includes important compliance measures which aim to ensure that witnesses and their lawyers focus squarely on the new requirements. Under the new regime, the witness statement must now come with a certificate of compliance in which the lawyer confirms the witness has been told about the rules and that the witness statement complies with the PD and the Statement of Best Practice contained in the Appendix. The witness must also provide a statement of compliance.

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REUTERS | Global Creative Services

Just ask Google.  Whatever the question, our first port of call is to check the internet.  But are arbitrators permitted to go online to research a point of fact relevant to the case before them?  If they do, must they give the parties an opportunity to comment on their findings?  The answers may be different for arbitrations seated in Germany, compared to those seated in England and Wales, and France.

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