REUTERS | Murad Sezer
June 22, 2016

Istanbul’s new arbitration centre: a bridge between Europe and Asia

Istanbul is renowned for being the hub that separates Europe from Asia. It is a fast growing metropolis, which welcomes much in the way of foreign investment and interest. It is now also a proud centre for international arbitration, with the opening of the new Istanbul Arbitration Centre (ISTAC). Turkish investors and entrepreneurs have waited for a system that caters for their dispute resolution needs vis-à-vis foreign investments and transactions for a long time. The establishment of such a centre has introduced the notion of alternative dispute resolution in Turkey in a revolutionary manner. Transactions between Turkish companies and companies in third party countries have been made easier, with the safety-net of knowing that any disputes may be resolved in a confidential and effective manner by way of arbitration taking place in Istanbul, Turkey, unless the parties agree otherwise. Continue reading →

REUTERS | Denis Balibouse
June 13, 2016

International arbitration and insolvency: the Swiss position in a nutshell

As a result of the globalised nature of commercial business, the effects of insolvencies are felt across multiple jurisdictions. Further, the interaction between arbitration and insolvency law has been increasing constantly since the last decade, where a considerable number of companies have faced the wind chill of recession. It is against that background that we have tried to put together a list of what you need to know when insolvency meets arbitration in Switzerland. Continue reading →

REUTERS | Mike Blake
June 6, 2016

Paths to the common good: reconciling transparency and confidentiality in international arbitration

It is a well-known social phenomenon when everyone in a community agrees that a particular development would benefit everyone, but no one wants to be (or can be) the person doing whatever is necessary to achieve it. It is sometimes referred to (somewhat pejoratively) as the “not in my backyard” approach. This challenge is particularly acute when everyone in the community must contribute to the achievement of the desired goal. So it appears to be, to some extent, in the international arbitration community. One example is the arbitrator selection process, where many in the arbitration community seem to agree that a greater and more diverse pool of arbitrators would be desirable, but when it comes to selecting an arbitrator, everybody quite understandably prefers to nominate top arbitrators with decades of experience and stellar reputations. Continue reading →

REUTERS | Edgar Su
June 3, 2016

Connections, partiality and recusal

A recent development following Peter Smith J’s decision to recuse himself in Emerald Supplies Limited v British Airways reminds us once again of the need for both actual and apparent impartiality in dispute resolution. In that case, His Lordship was involved in a separate personal dispute with the defendant. In an article for The Times of 3 September 2013, Lord Pannick QC, of Blackstone Chambers, criticised the judge’s conduct during the hearing. Subsequently, His Lordship sent a letter to Blackstone Chambers withdrawing his support for the set (in respect of silk applications, for example). According to press reports, this led the appellant in Harb v Aziz to make accusations of bias against Peter Smith J in May 2016. The Court of Appeal’s judgment is awaited. The appellant had been represented by Blackstone Chambers before His Lordship in the High Court. Continue reading →

REUTERS | Mohammad Ismail
May 31, 2016

Whose arbitration is it anyway?

Users’ complaints about the cost and inefficiency of arbitration are nothing new. The most recent Queen Mary University of London (QMUL) International Arbitration Survey, 2015 (Survey) has yet again highlighted that cost is perceived to be the worst feature of arbitration, closely followed by a lack of speed. In this regard, 92% of respondents favoured inclusion of simplified procedures in institutional rules for claims under a certain value. Continue reading →

REUTERS | Randall Hill
May 27, 2016

The need for speed: why expedited arbitration may not be the answer

One of the worst characteristics of international arbitration (according to the respondents to the 2015 International Arbitration Survey conducted by the School of International Arbitration at Queen Mary University of London (QMUL survey)) is lack of speed. This is a rather worrying finding, given the continuing attempts of most of the major arbitral institutions to ensure that arbitrations are conducted in a timely and cost effective manner. Continue reading →

REUTERS | Maxim Shemetov
May 26, 2016

Anti-arbitration injunctions in Russia?

Russian commercial courts, among other things, are known for their reluctance to issue interim measures. For that reason alone, two recent rulings, where the courts at first instance actually granted anti-arbitration injunctions, were bound to attract more attention than they would otherwise deserve. These decisions were successfully overturned, demonstrating that the risks of Russian courts granting injunctive relief against parties to arbitration are rather low, though not zero.  Continue reading →

REUTERS | Dado Ruvic
May 25, 2016

The “Social License to Operate” and “ius imperium” in treaty-based non-precluded measures provisions: the case of Latin America

The so-called “social license to operate” is a novel concept aimed at providing increased security to foreign investment, in particular in the Latin American region. Traditionally, states have had broad power to determine their actions based on their sovereign power. This power is exercised by the twin legal institutions of ius imperium and public order. Such state powers have been recognised in international investment agreements, through which states undertake not to adopt measures that they would otherwise be entitled to, according to their domestic legal systems. Continue reading →

REUTERS | Goran Tomasevic
May 25, 2016

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 development of the rule of law. Whilst this was said to be an ICCA Congress “in Africa, not only on Africa”, there was naturally a focus on issues relating to Africa. Continue reading →