Document production is one of the most controversial yet essential steps in international arbitration. Since cases are generally decided based on documents rather than oral testimony, document production can be a powerful tool for discovering evidentiary material crucial to winning an arbitration.[1] It is not surprising that arbitral proceedings commonly include a document production phase. […]
United Kingdom Arbitration
How to Make a Valid Appointment Under an Arbitration Agreement
The appointment of an arbitrator is a critical step in any arbitration. The advantages of arbitration depend, to a large extent, on the persons appointed as arbitrators. In other words, while the same dispute may be resolved in a satisfactory and efficient way, it might turn into a lengthy and costly proceeding with a questionable […]
Escalation Clauses in International Arbitration: The English Approach
Escalation clauses (or multi-tier dispute resolution clauses) are commonly found in commercial contracts. These clauses may spell out different preconditions and procedures when seeking to resolve disputes.[1] Typically, the parties are required to attempt, within a specific time period, an amicable settlement or to enter into negotiations in order to avoid arbitration or litigation. Sometimes […]
M&A Arbitration
In recent years, arbitration has become the preferred method of resolving M&A disputes. While the global market shows steady signs of recovery, arbitration is considered an effective means to resolve disputes involving M&A transactions in a wide range of sectors, such as the financial, healthcare, education, energy and technology sectors.[1] Disputes in M&A Transactions M&A […]
Demurrage Claims in International Arbitration
International arbitrations in the field of shipping and sales often include demurrage claims (“surestaries” in French) which constitute, using the expression of Professor Debattista, “the staple diet of shipping lawyers the world over”.[1] Although it is rarely defined in charterparties or sale contracts which usually provide for its rate only, the Baltic Code (2020) defines […]
Ambitious New 2020 LCIA Arbitration Rules, with an Increase in Costs
On 11 August 2020, the LCIA released a surprisingly ambitious update to its Arbitration Rules (the “2020 (LCIA Arbitration) Rules”) and a new Schedule of Arbitration Costs (the “2020 LCIA Schedule of Costs”), increasing the costs of LCIA Arbitration, among other notable changes. The 2020 LCIA Arbitration Rules and the 2020 LCIA Schedule of Costs […]
Does an Arbitration Clause Survive the Termination of a Contract?
An arbitration clause in a contract is generally regarded as an autonomous agreement that may survive the termination of the contract that contains it. This presumption is often referred as “separability” or the “doctrine of separability”, according to which an arbitration clause is a “separate contract” whose validity and existence are independent from the substantive […]
Arbitration in the United Kingdom: The 1996 Arbitration Act
Technically, there two different acts for the arbitration in the UK. The 1996 Arbitration Act, governing arbitration in England, Wales and Northern Ireland, and the Arbitration (Scotland) Act 2010, which came into force on 7 June 2010. Despite the uncertainties of Brexit, London remains one of the widely-used seats of international arbitration. English courts have […]
COVID-19, Force Majeure and Arbitration
It seems certain that businesses will be preoccupied by COVID-19, force majeure and arbitration (or litigation) over the coming year. The present ability of businesses to fulfill their contractual obligations has been significantly impacted by the rapid spread of the new coronavirus, so-called COVID-19, which was officially declared a pandemic by the World Health Organization […]
