States have taken urgent and extraordinary steps to prevent the spread of the Coronavirus and to address the public health and economic crisis that the virus has caused. We also analyse ICSID’s Caseload statistics on investor‑state claims brought against EU Member States or by investors from within the EU.Our case law update analyses key recent judgments of the Dubai Joint Judicial Committee and the impact those decisions are having on the DIFC Courts’ emerging role as a conduit jurisdiction for enforcing arbitral awards in Dubai and elsewhere in the Middle East.Continuing the theme from our last issue of technology and disruptive innovation, we look at the rise of cryptocurrencies and why arbitration would be a good mechanism for resolving related disputes.In our global round‑up of arbitration developments, we review recent reforms to institutional rules around the globe, including new LMAA Terms, new DIS Rules, proposed amendments to the HKIAC and DIAC Rules, as well as the newly launched AIAC (formerly branded as the KLRCA). Do counsel owe a duty of honesty in relation to their submissions, and (if so) when and to whom? International arbitration too has been impacted, though as a transnational, flexible and consent-based procedure, where technology and procedural innovations have been in use by some for many years, it has been in a good position to respond to the new ways of working. - Arbitration Committee newsletter article, March 2015,From the 2014 Co-Chairs - Arbitration Committee newsletter article, March 2015,Guidelines on Conflicts of Interest in International Arbitration (2014),Guidelines on Party Representation in International Arbitration (2013),IBA Guidelines on Drafting International Arbitration Clauses (2010),IBA Rules on the Taking of Evidence in International Arbitration (2010),Anti-Corruption Strategy for the Legal Profession,International Human Rights Fact-Finding Guidelines. Our international arbitration team has extensive experience advising multi-national companies and sovereign states on all aspects of complex, high-value international arbitrations. Some items are only available to Committee members via logging in after clicking on the item.
INTERNATIONAL ARBITRATION AND COURT PRACTICE IN TIMES OF COVID-19 On 11 March 2020, the COVID-19 outbreak was declared a pandemic by the World Health Organisation. Through our court reporting on key arbitration conventions, country overviews and academic treatises, we seek to promote the use of international dispute resolution worldwide and contribute to critical debate in our field. ICCA’s publications have played an influential role in the field of international arbitration since the launch of ICCA’s Yearbook in 1976. Nevertheless, there is no … Welcome to issue 10 of Norton Rose Fulbright’s International arbitration report. It did not mention the oil price. - Arbitration Committee newsletter article, March 2015,The gathering and taking of evidence: should we seek to level the playing field? Yet earlier in the week, the Times had reported that the price of Brent crude, the international oil bench mark, had fallen to its lowest level since 2001 while futures contracts for West Texas Intermediate, the US oil price benchmark, fell below zero for the first time ever.The process of resolving disputes has, however, also been impacted by the COVID-19 lockdown as dispute resolution institutions strive to find ways to maintain access to justice. Many courts have been closed or restricted to limited operations as they seek to implement new technologies to facilitate digital case management and virtual hearings. The journal aims to maintain balance between academic debate and practical contributions to the field, providing both topical material on current developments and analytical scholarship of permanent interest. This full list of JURIS Arbitration Publications includes all premium content that is available to Arbitration Law subscribers. The Arbitration Committee publishes a variety of interesting articles and other content of relevance to the practice area.
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The financial constraints of the COVID-19 pandemic has brought a renewed focus on third party funding, as claimants seek alternative means of funding their claims. If you attended the conference, access them via this link or if you did not attend, use the IBA shop.Public and Professional Interest Division,When arbitration ceases to be adversarial and becomes inquisitorial: the plight of arbitrators seeking to reconcile due process.Is it true that enforcing an international arbitral award under the New York Convention is easier than enforcing a judgment?Innovating arbitration through technology,Judges & arbitrators as adjudicators & settlement facilitators, and Singapore Convention on Enforcement of Mediated Settlements,How evidence is best presented in international arbitration and the IBA rules on evidence,Podcast: Due process paranoia in arbitration,Supporting effective non-judicial grievance mechanisms.Pending arbitrations after the termination of intra-EU BITs: a greenfield for future investment tribunals?The 'unruly horse' is far from being tamed – international arbitration and public policy,Confidentiality under the Indian Arbitration & Conciliation Act of 1996,Does an award enforcing a contract procured through bribery violate public policy - the Dutch perspective,Arbitral tribunal failed to address party’s core submissions: German Federal Court of Justice sets aside arbitral award for violation of right to be heard,The revised rules of the Milan Chamber of Arbitration,Bankruptcy of a party to an international arbitration: a Russian perspective,Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd),Arbitration is the new black: the Ukrainian perspective.Is it possible to arbitrate with a Turkish party when the contract is not in Turkish?Arbitrations with state entities in the port and transportation sectors in Brazil: new developments,Unilateral option agreements in international arbitration: an ADGM perspective,US discovery in aid of international commercial arbitration after Valle Ruiz and Abdul Latif Jameel,One step forward, two steps sidewards: the latest decision on arbitration from the High Court of Australia,Consultation draft of the ICCA-IBA Roadmap to Data Protection in International Arbitration,Introduction from the Editor – September 2019,Privilege in arbitration and other hot topics,Data protection, privacy, confidentiality and cybersecurity,Emergency arbitrators: the case for enforcement,The Singapore Convention: mediation in a New York state of mind,Costs apportionment in bilateral investment treaties.Scholars’ opinions: challengeable conflicts of interest or indisputable academic freedom?Parallel proceedings before investment arbitration tribunals and the European Court of Human Rights,Perspectives on arbitration in international investment: updating the ICSID rules.Japan’s dawn of a new era – also in international arbitration?The Philippine International Center for Conflict Resolution: access to justice through access to arbitration,South Korea ups the ante with the Arbitration Industry Promotion Act,What the figures show about arbitration appeals in England and Wales – and the lessons for Singapore,Legislative silence on the allocation of party costs under the UAE Federal Arbitration Law,The requirements of impartiality and independence of arbitrators under United Arab Emirates arbitration law,Emergency arbitration in the maritime industry under the EMAC Arbitration Rules,The Paris Court of Appeal weighs in on set-aside of investment arbitration awards,Extension of arbitration agreements within a group of companies: the Swiss Federal Tribunal's view on Article 2 of the New York Convention,Enforcement of international arbitration awards in Russia,Enforcement of arbitral awards against state-owned entities: a Dutch perspective,Perfect imperfections: pathological clauses enforced by the Ukrainian courts,The impact of Halliburton on UK arbitrators: guidance on disclosure,New milestone in Turkish arbitration: Istanbul Arbitration Association’s Code of Ethics for Arbitrators,Initial considerations on a recent judgment of the Supreme Court of Argentina regarding the extent of review of arbitration awards,Incorporating a charter party arbitration clause into a bill of lading by reference: a case study of the arrest of the vessel ‘Duden’,New Zealand: the Arbitration Amendment Act 2019,A toolkit to tackle corruption and money laundering in international arbitration,Different perspectives on reforming investment arbitration,Arbitral awards annulled on the ground of breach of due process,Summary disposition in ICSID and ICC arbitration.Blind arbitrator appointment procedures – a welcome sight in institutional rules?Conditions for the state’s consent to arbitrate under international investment agreements,Integrating the use of mediation in the framework of arbitration.The end of intra-EU investment arbitration?Introduction to the China International Commercial Court,Vodafone, India and their 'taxing' relationship.India sets up International Arbitration Centre – is this enough?The UAE Federal Arbitration Law: welcome improvements and remaining uncertainties,Transformation of Ukrainian arbitration practice: highlights from 2018,Determination of nationality of arbitral awards and recognition and enforcement under Turkish law,Limits to extension of the arbitration agreement in Cyprus.Can a party be assumed to accept revised arbitration rules expanding the entities entitled to bring proceedings?Separability misplaced – a Bulgarian perspective,Changes in Russian arbitration legislation,New law on international commercial arbitration in Argentina,Challenges posed by the widespread presence of tribunal-appointed experts in Brazilian arbitrations,Arbitrating disputes involving Brazilian public entities: the dawn of a new era,The role of Guatemala and New York courts in obtaining and enforcing Guatemalan arbitral awards.An African perspective: when will enforcement of an international arbitration award be refused on public policy grounds?An uptick in arbitration cases before the US Supreme Court,The Federal Arbitration Act and American competence-competence: demystifying the US Supreme Court’s decisions in Schein and New Prime,Who decides arbitrability?