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 […]
Arbitrators
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 […]
Arbitration Clause Tips
The “arbitration clause” or the “arbitration agreement” is the provision in a contract that allows the parties to have their dispute resolved by an arbitral tribunal instead of ordinary State courts. An arbitration clause is binding and the parties cannot renounce unilaterally to the jurisdiction of the arbitral tribunal. In order to draft an effective […]
