Regionalisation of arbitration: a new challenge?
Over the past few decades, we have seen the emergence of a multitude of domestic and regional arbitration centres, set to rival the historical dominance of Europe and the US (and particularly the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA)) as the global hubs for international commercial arbitration. This … Continue reading Regionalisation of arbitration: a new challenge?
The Fourth Arbitrator: BLP arbitration survey on the use of tribunal secretaries in international arbitration
The Fourth Arbitrator As illustrated by the Yukos arbitrations, the use of tribunal secretaries in international commercial arbitration is under scrutiny. Should a tribunal secretary be permitted to become ‘the Fourth Arbitrator’ because the work he or she carries out has the potential to influence the outcome? What can be done to guard against this?
AfrICCA: 23rd ICCA Congress held in Mauritius
Introduction The 23rd International Council for Commercial Arbitration (ICCA) Congress was recently held in Mauritius, the first time ICCA has held its bi-annual Congress in Africa. More than 800 delegates attended, with more than a third of delegates coming from African countries. The theme of the Congress was the interaction between international arbitration and the … Continue reading AfrICCA: 23rd ICCA Congress held in Mauritius
ICCA comes to Mauritius
Between 8 and 11 May 2016, the 23rd Congress of the International Council for Commercial Arbitration (ICCA) will be held in Mauritius, the first time ICCA has held its bi-annual Congress in Africa. The location and theme of the Congress, as well as its VIP speakers, not only reflect the increased importance of international arbitration, … Continue reading ICCA comes to Mauritius
Topical issues in oil and gas production sharing contract disputes
Oil and gas production sharing contracts (PSCs or PSAs) are high-value, high-stakes agreements which often give rise to disputes between contractors and state-owned entities such as national oil companies (NOCs). Many of these disputes are resolved by means of international arbitration and the resulting arbitral awards often enter the public domain, for example as a … Continue reading Topical issues in oil and gas production sharing contract disputes
Ready for your close up? Arbitrator Intelligence Reports shine a spotlight on decision-making by more than 300 arbitrators
Judicial analytics have long been used to assist parties to litigation in developing case strategies. Due to the largely confidential nature of commercial arbitration, however, similarly valuable analytics for arbitrators have been largely elusive. Due to its secretive nature, international arbitration is perhaps the only $2 trillion industry that still operates in the analogue age, … Continue reading Ready for your close up? Arbitrator Intelligence Reports shine a spotlight on decision-making by more than 300 arbitrators
The hitchhiker’s guide to virtual hearings (Part 2)
When considering virtual hearings in arbitration, there are a number of matters which require discreet consideration beyond that of an ordinary face-to-face hearing. For ease, I would put those into five categories, the first and second of which I addressed in Part 1, with an analysis of the remaining categories in this second blog: Hearing … Continue reading The hitchhiker’s guide to virtual hearings (Part 2)
The ERA Pledge surpasses 4,000 signatories
The Equal Representation in Arbitration Pledge (the ERA Pledge), launched in 2016 to address the under-representation of women on international arbitration tribunals, recently surpassed a milestone 4,000 signatories in January 2020. The past year has also seen the launch of the Corporate and Africa Pledge subcommittees (which now sit alongside the very successful Latin America … Continue reading The ERA Pledge surpasses 4,000 signatories
Have member state BITs changed since 2013?
As required by Regulation 1219/2012, the so-called Grandfathering Regulation, the European Commission recently published a report regarding the legal status of the approximately 1,300 bilateral investment treaties (BITs) that EU member states have concluded with third states, covering the period from 2013 until the end of 2019. A closer analysis of the report shows that … Continue reading Have member state BITs changed since 2013?
Most commercial disputes lawyers will have at least a passing familiarity with the unfair prejudice remedy, or the “oppression remedy”, to which it is often referred.
