A major new survey on international arbitration conducted by Queen Mary University London and sponsored by White & Case revealed several interesting findings on corporate choices concerning international arbitration.*
As already reported by Global Arbitration Review, the survey shows “the extent to which the governing law is a driver of choice among those framing arbitration agreements, and the dominance of established arbitral seats.” Specific findings of the survey include:
• English law was used most frequently (by 40% of respondents), followed by New York law (17% of respondents);
• London was named as the preferred seat of arbitration (30%), followed by Geneva (9%), Paris, [...]
In two recently reported cases, parties to arbitrations have challenged arbitrator and/or institutional fees where the underlying awards have also been subject to annulment or set aside proceedings. Are these cases isolated instances or do they signal an increased trend? The answer may have widespread ramifications for how, and where, arbitrations are conducted and administered.
In Soyak Int’l Constr. & Investment Inc. v. Hobér, Kraus & Melis, No. Ö 4227-06 (3 Dec. 2008), the Swedish Supreme Court affirmed the power of Sweden’s national courts to revise arbitrator fees. Soyak had challenged the arbitrators’ fees from a Stockholm Chamber of Commerce (“SCC”) arbitration pursuant to Ar [...]