In the not-too-distant past, there were only a few individuals acting regularly as arbitrators in international arbitration. Similarly, law firms engaged in international arbitration could be counted on the fingers of one hand. Unsurprisingly, there were a very small number of individuals, generally well-connected, who were called upon to act as arbitrators. This trend, however, […]
Arbitrator Appointments
Answer to the Request for Arbitration Under the ICC Arbitration Rules
The Answer to the Request for Arbitration under the ICC Arbitration Rules is the first written submission that the Respondent to an arbitration must file. The Answer will typically set the main lines of the defence, which will be subsequently developed. The Request for Arbitration as well as the Answer are the documents that will give […]
Response to the Notice of Arbitration under the SIAC Arbitration Rules 2016
The Response to the Notice of Arbitration under the SIAC Arbitration Rules 2016 is the first written submission that the Respondent to an arbitration must file. This memorial will typically set the main lines of its defence, which will be subsequently developed. The Notice of Arbitration as well as the Response are the first documents that […]
Aceris Publishes Guide on Arbitration in France and Paris (2018 Edition)
Aceris Law, a Getting the Deal Through National Expert, has recently published the 2018 guide for Arbitration in France, which is available below for consultation or download. The guide examines the most significant issues regarding arbitration in France, in relation to commercial and investment disputes with French elements. It describes investment arbitration issues (bilateral investment […]
Screening Arbitrator Appointments
Is screening arbitrator appointments a potential solution to the perceived bias of party-appointed arbitrators? Paul Slovic, a cognitive scientist from the University of Oregon, was part of an interesting experiment. He and his colleagues provided a survey of various technologies to participants, who were asked to list their benefits and costs. The initial results concluded […]
Choice of Law in International Commercial Arbitration
One perk of international arbitration is the possibility to avoid choice-of-law complexities that inevitably arise in an international dispute, although choice of law in international commercial arbitration can pose an issue. There are four different choice-of-law issues in international arbitration that arise: Determination of the substantive law applicable to the merits of the case Determination […]
The 2016 SIAC Rules
To celebrate its 25 years of establishment, the Singapore International Arbitration Centre (“SIAC”) has drafted the “2016 SIAC Rules”, replacing the 2013 Rules. These new Rules came into effect on August 1, 2016. The 2016 SIAC Rules are described as “a unique hybrid of modern commercial arbitration rules and specialist investment arbitration rules”[1]. The 2016 […]
Recent Developments: International Commercial Arbitration in Qatar
The Qatari Cabinet at a meeting in June 2016 ordered taking necessary measures for the issuance of the draft law on international commercial arbitration in Qatar, after having been briefed on the recommendation of the Advisory Council with respect to the draft law, issued in 2015. Over the past few years, through the widespread ratification of the New […]
The Case of an Arbitrator Late Nomination under the 2012 ICC Rules
The case of an arbitrator late nomination is an unusual one under the ICC Rules. Under Article 12(4) of the 2012 ICC Rules, in the event that the parties have agreed upon a three-member tribunal, the claimant proceeds with the nomination of its co-arbitrator in the Request, and the respondent nominates its co-arbitrator in the […]
