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Key to Efficiency in International Arbitration

This blog is adapted from a keynote speech delivered at the Helsinki International Arbitration Day on 28 May 2015.

Most arbitration lawyers and users of arbitration services would probably agree that efficiency is a key issue in international arbitration, or that efficiency of arbitration is a key issue. However, these two ways of stating the issue tend to beg it: key to efficiency lies, precisely, in the distinction between efficiency in arbitration and efficiency of arbitration – in this hardly noticeable distinction between “in” and “of.” Efficiency in arbitration is about ensuring efficiency after the dispute has arisen. Efficiency of arbitration is about ensuring efficiency be [...]

Enforceability of Mediation in Multi-tiered Clauses: the Croatian Perspective

Mediation has gained much popularity in Croatia in the last several years, and the Croatian legislator regulated enforceability of mediation in Article 18 of the Croatian Mediation Act (Official Gazette No. 18/2011, “the MA”). The solutions provided in the MA are to a large extent resembling the solutions in the UNCITRAL Model Law on International Commercial Conciliation (“the UNCITRAL ML”).

A significant number of commercial contracts in Croatia stipulate that mediation should be conducted before the dispute is submitted to arbitration. However, not all such stipulations fall within the scope of Article 18 of the MA and not all are enforceable. It follows from this Article that the [...]

Does the Polish Arbitration Law Finally Move toward International Standards?

The Ministry of Economy of the Republic of Poland prepared and published a draft act (“the Draft Law”) (a draft law on promoting amicable dispute resolution methods, available in Polish here ). The Draft Law proposes amendments to the Polish Arbitration Law (part five of the Polish Code of Civil Procedure (“CCP”), Official Journal of Laws of the Republic of Poland, No 43, item 296, as amended) (“the Polish Arbitration Law”). The Polish Arbitration Law in its current form is an adoption of the UNCITRAL Model Law which was introduced in 2005 (adopted on 28 July 2005, in force as of 17 October 2005, Official Journal of Laws of the Republic of Poland, No 178, item 1478). Since 2005 to date, the [...]

Crude Oil Prices – What Lies Ahead for Arbitration Lawyers?

and Ian Hopkinson, Clyde & Co

At above US$60 per barrel, crude oil prices have bounced a little since their January 2015 low. However, with continued mixed indications concerning US production, opinion remains divided on where prices will end up in the short to medium term. As the recent GAR Live Energy Disputes event (held at Clyde & Co’s London headquarters on 6 May) confirmed, there is perhaps even less in the way of consensus on what lies ahead in terms of the medium-term effects on the energy industry and this uncertainty is necessarily echoed and amplified when it comes to disputes.

It is a maxim of modern legal practice that market volatility creates disputes. However, some panellist [...]

Real Time Dispute Resolution in Rio de Janeiro…Since you Cannot Delay the Olympic Games

The Rio 2016 Olympic and Paralympic Games and the Dispute Resolution Board Foundation are implementing dispute avoidance and resolution provisions in a unique way across 35 contracts for this upcoming international event. Successful delivery for these high profile projects is critical, since there is no possibility of delay to completion of the contracts, and everything is in the public eye. Dispute Boards have built up a track record of facilitating successful delivery of major construction projects.

Dispute Boards and the Dispute Resolution Board Foundation (DRBF)

Dispute Boards (DBs) provide a contractual mechanism for real-time dispute avoidance and rapid dispute resolution during the co [...]

Waiving the Right to Arbitrate in the United States: Should the Prejudice Requirement be Discarded?

The Sixth Circuit Court of Appeals recently ordered a fund management committee (‘SBC’) to arbitrate its dispute with Navistar International (‘Navistar’) – at Navistar’s request – despite the fact that Navistar refused SBC’s own request for arbitration, ignored SBC’s formal notice of arbitration, and then litigated SBC’s claim in court for over a year (Art Shy v Navistar International Corporation, 781 F.3d 820, 2005).

This decision confirms the uncertain state of U.S. law regarding waiving the right to arbitrate. The Federal Arbitration Act (‘FAA’) provides that a court shall stay a court action commenced in the face of a valid arbitration agreement provided that “th [...]

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