REUTERS | Amr Abdallah Dalsh

This blog is published in two parts. Part 1, which was published in March this year, provided some background to dispute resolution in the banking and finance sector, highlighting in particular the apparent inaptitude of conventional dispute fora, such as the courts, to deal with Islamic finance disputes adequately. This part 2 addresses how arbitration as an alternative form of dispute resolution can assist in providing Shari’a-compliant solutions where conventional dispute resolution through the courts fails. In doing so, it makes the case for semi-secular arbitration, a form of arbitration that combines Islamic and secular elements to ensure a Shari’a-compliant outcome. Continue reading

REUTERS | Edgar Su

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 29th) was this year in Singapore between 24 and 27 April 2019. The conference was well attended by lawyers, experts and various others with an interest in the Asia-Pacific region. This does not necessarily mean that the attendees were from the Asia-Pacific region, and in recent years there has been a notable increase in the number of attendees from Europe and other areas outside Asia-Pacific (including barristers from England). Continue reading

REUTERS | Axel Schmidt

One of the main reasons that parties choose to arbitrate is the ability to select their own arbitrators. Parties are able to choose arbitrators that, they believe, will have the requisite expertise to resolve their arbitration effectively. This ability has now evolved somewhat and parties are increasingly carving out discrete issues to be resolved by an independent expert selected by the parties. Continue reading

REUTERS | Navesh Chitrakar

On 20 December 2018, the International Court of Arbitration of the International Chamber of Commerce (ICC) released a revised Note to parties and arbitral tribunals on the conduct of the arbitration under the ICC Rules of Arbitration (the note to parties). The revised text, which came into effect from 1 January 2019, adopts a new and very different default position that, barring party opt out, ICC arbitral awards will be published two years after they have been notified to the parties.

Are users behind this shift and is it essential to the future of arbitration?

In part 1 of this blog, we considered the ICC’s approach to the publication of awards and what it means in practice, as well as the move towards transparency. In part 2, we consider what users want from the transparency conundrum and whether there should be a pause.

Continue reading

REUTERS | Jeenah Moon

On 20 December 2018, the International Court of Arbitration of the International Chamber of Commerce (ICC) released a revised Note to parties and arbitral tribunals on the conduct of the arbitration under the ICC Rules of Arbitration (the note to parties). The revised text, which came into effect from 1 January 2019, adopts a new and very different default position that, barring party opt out, ICC arbitral awards will be published two years after they have been notified to the parties.

Are users behind this shift and is it essential to the future of arbitration?

In part 1 of this blog, we consider the ICC’s approach to the publication of awards and what it means in practice, as well as the move towards transparency. In part 2, we consider what users want from the transparency conundrum and whether there should be a pause. Continue reading

REUTERS |

Technology has a thorny reputation in arbitration circles. Practitioners distrust it, clients don’t want to pay for it and tribunals often prefer paper. All of this adds up to many hours at the photocopier and late-night bundle-checking for the more junior members of the team. Continue reading

REUTERS |

This blog discusses the resolution of Islamic banking and finance disputes in a modern world of dispute resolution, in which litigation and arbitration as the main contentious forms of dispute resolution contend for taking prime position before any other form of dispute resolution. Given the high degree of specialty required in the resolution of disputes arising from more modern complex financial products, arbitration has more recently moved to the fore in this area of practice. This trend has also been strengthened by an increased offering of Islamic finance products, which in turn has spurred the need for Shari’a-compliant dispute resolution. Continue reading