REUTERS | Mike Hutchings
May 10, 2017

A new dawn for international arbitration in South Africa?

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, such as in construction or engineering disputes. Another major factor leading to the proliferation of consensual private arbitrations has been the significant delays in obtaining multi-day trial listings in the High Court (which can be up to 18 months from close of pleadings) and the ease with which trials are vacated on the first morning, for a variety of reasons, including the unavailability of judges to hear commercial matters. Continue reading →

REUTERS | Alan Ortega
May 3, 2017

Women in arbitration: Adriana San Román, part 1/2: from corporate banking to arbitral damages expert

To mark International Women’s Day on 8 March 2017, Practical Law Arbitration is carrying out a series of interviews with prominent women in arbitration.

In this, the third interview in the series, we interview Adriana San Román, arbitration partner at Wöss & Partners, Mexico City – Washington DC, and member of the International Council for Commercial Arbitration – American Society of International Law (ICCA-ASIL) Task Force on Damages. Adriana started her career in corporate finance before moving to a career in law. She is a leading damages consultant and damages expert in international arbitration and litigation. She has co–authored the book Damages in International Arbitration under Complex Long-term Contracts and several articles on damages in international arbitration.

In Part Two, Adriana discusses women in arbitration, the future and some career tips. Continue reading →

REUTERS |
May 2, 2017

Can one be so reckless as to be fraudulent? An analysis of the obiter comments in Celtic Bioenergy Ltd v Knowles Ltd

The Arbitration Act 1996 (AA 1996) provides a limited role for English courts to supervise the arbitral process. Amongst the few provisions relating to court intervention under the AA 1996, an award rendered in an English-seated arbitration can be challenged on the basis of serious irregularity under section 68. In Celtic Bioenergy Ltd v Knowles Ltd, a recent decision by the Technology and Construction Court (TCC), Jefford J set aside an arbitration award on the grounds of fraud under section 68(2)(g) of the AA 1996. She decided that the arbitrator had been deliberately misled by the defendant (Knowles Limited) and that the award had, therefore, been obtained by fraud. This case is being cited as one of the few examples where an application to set aside an award on the grounds of fraud has actually succeeded. Continue reading →

REUTERS | Jamal Saidi
April 28, 2017

Keeping it under wraps: the limits on confidentiality in arbitration

Three recent judgments of the English High Court show contrasting approaches to the publication of judgments in arbitration claims. In Tony Pulis v Crystal Palace and Symbion Power LLC v Venco Imtiaz Construction Company, both concerning challenges under section 68 of the Arbitration Act 1996 (AA 1996), the court declined to withhold publication or anonymise the judgment on the application, while in P v (1) Q (2) R (3) S (4) U the court saw fit to publish an anonymised version of its reasons for dismissing a challenge under section 24 of the AA 1996. Continue reading →

REUTERS | Radu Sigheti
April 25, 2017

Intra-EU BITs: time to reconsider European investment structures?

The EU’s quest to reshape European investment policy and dispute settlement is well documented, and has been the subject of much debate. One key element of that strategy is to eradicate bilateral investment treaties (BITs) concluded amongst EU member states – so-called “intra-EU BITs” (as opposed to BITs between EU member states and non-member states, so-called “extra-EU BITs”, which also fall within the EU’s competence but are subject to a different regime). Continue reading →

REUTERS | Denis Balibouse
April 19, 2017

‘You asked, we answered’: arbitral institutions are attuned to parties’ needs, shows White & Case research

The 2015 Queen Mary University of London (QMUL)-White & Case survey identified the flexibility inherent in the arbitral process as one of its most valuable characteristics. New research by White & Case demonstrates that apart from other stakeholders, arbitral institutions are definitely among the ones listening. The research found that institutions are responding to an increased demand from parties for expedited proceedings and sole member tribunals and are attempting to address diversity concerns by appointing more female arbitrators.

Continue reading →

REUTERS | Mike Hutchings
April 18, 2017

Foreign investment in Africa at the heart of the Geneva Talks

On 29 March 2017, the Geneva Talks on Foreign Investment in Africa took place in Geneva. Organised twice a year by the University of Geneva in collaboration with the University of Lausanne, this series of talks discusses issues related to the promotion and protection of foreign investment in Africa. This spring’s talks considered the rise of investor obligations in African investment agreements. Continue reading →

REUTERS | Brandon Malone
April 11, 2017

Inter-Pacific Bar Association Annual Conference 2017

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 in the Asia-Pacific region, although attendance is not limited to lawyers from that region alone. In recent years there has been a notable increase in the number of attendees from Europe and other areas outside Asia-Pacific. Continue reading →

REUTERS | Henning Gloystein
April 5, 2017

Women in arbitration: Wendy Miles QC, Part 2/2: diversity, the future and career tips

To mark International Women’s Day on 8th March 2017, Practical Law Arbitration is carrying out a series of interviews with prominent women in arbitration.

In this blog post, we continue our interview with Wendy Miles QC, a partner in Debevoise and Plimpton’s London office. Wendy is a Vice President of the International Chamber of Commerce (ICC) Court of Arbitration, and is a representative on various professional bodies, including the ICC Commission on Arbitration and ADR, where she co-chaired the Task Force on Costs Allocation in Arbitration. She is also Vice Chair of the IBA Arbitration Committee and co-chair of the gender diversity initiative Equal Representation in Arbitration Pledge.

In Part One, Wendy talked to us about her background, how she manages her time, and aspects of arbitration practice and procedure. In Part Two, Wendy discusses the changing landscape for women in arbitration, what the future holds in the world of arbitration, and gives her career tips for junior lawyers starting out. Continue reading →