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, […]
Arbitrators
Proving Corruption in Investment Arbitration – Lao Holdings v. The Lao People’s Democratic Republic
Defenses based on alleged corruption-related activities by investors have become popular by States in investment arbitration. Given the seriousness of such accusations, one of the most important tasks for arbitral tribunals is undoubtedly to sort out legitimate defenses based on well-established facts of corruption from unfounded insinuations. Therefore, the approach undertaken by arbitral tribunals regarding […]
Interim Measures by Emergency Arbitrators under the SCC Arbitration Rules
The SCC Arbitration Rules, as well as other leading arbitration rules, allow parties to an arbitration agreement to obtain interim measures in an expedited manner, even before an arbitral tribunal is in place, by appointing an Emergency Arbitrator (Appendix II to the SCC Arbitration Rules, Article 1(1)). After the decision on interim measures is rendered, […]
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 […]
Arbitral Tribunals and Discovery of Evidence in the US
Introduction This blog focuses on a developing yet difficult legal question: what is the relationship between US courts and assisting international arbitral tribunals in obtaining evidence through discovery procedures? In building evidence to support a case, one may consider making a request for discovery in local US courts, if applicable. This can be done under […]
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 […]
Arbitrator Independence: Arbitrator Convicted to Prison for a False Statement of Independence
Arbitrator independence is always important, but a court in Malaysia has gone further than usual in convicting an arbitrator to prison for making a false statement of independence. A British arbitrator was sentenced to six months in prison for making a false declaration of independence, as reported by the Global Arbitration Review . According to the Malaysian […]
The Arbitrator’s Duty to Disclose in International Arbitration
The arbitrator’s duty to disclose potential conflicts of interest depends on the applicable law. The arbitrator, in France, is bound by a duty of sincerity towards the parties that can be seen on two levels, in a chronological manner. First, he must reveal all and any potential conflict of interests before accepting his or her […]
Arbitration in Saudi Arabia: 2012 Saudi Arbitration Regulations
Arbitration in Saudi Arabia has changed significantly since 2012 when Saudi Arabia enacted a new arbitration law replacing thirty-year old arbitration regulations. Saudi Arbitration Law (Royal Decree No. M/34) came into force on 7 July 2012, bringing a significant number of modern solutions and reforms to Saudi Arabia’s arbitration framework. The law is based on the […]
