Women in Arbitration: Lots of Talk, Any Changes?
Occasional articles, postings, etc come out which discuss the lack of female representation in international arbitration. Perhaps possible reasons are suggested, perhaps only statistics given, but it is still clearly an issue. Beyond talking about it – how can we actually help the situation? In an article from June 2009, Michael Goldhaber noted that in past arbitrator listings from FocusGroup only 4% of arbitrators were women. Some of these women were indeed very busy, and highly respected; yet, only 4% were women.
The first questions to address, perhaps, is why not a female? A fellow colleague of mine, a male, who is active in the international arbitration arena asked me this very questio [...]
What do the Clients Want – International Litigation or International Arbitration?
Is the international litigation gaining strength over international arbitration? Is it true that in-house counsel would rather fight it out in the courts of the country versus dealing with arbitrators who take too long, expensive attorneys in the international arbitration arena and the threat that the country involved will find a way to not recognize and enforce an arbitral award despite being a signatory to the New York Convention of 1958?
This past spring, I moderated a panel at a joint ABA Section of International Law and Los Angeles Bar Association Conference on International Arbitration. This panel provided a view from the client on choosing international arbitration versus going to the [...]
Third Party Funding – Maintenance and Champerty – Where is it Thriving?
Third party funding probably has its longest history in Australia, followed by the United Kingdom. The irony is that both of these are common law jurisdictions in which the legal principles of maintenance and champerty exist. Indeed, they originated in the United Kingdom. What are maintenance and champerty exactly and do they exist today? More importantly, should they?
Maintenance refers to the funding or providing of financial assistance to a holder of a claim, which allows the claim to be legally pursued, when the funder or provider of financial assistance holds no connection or valid interest in the claim itself. Champerty takes it one step further by adding that this funder or financial [...]
Third Party Funding – Investment of the Future?
Third party funding is currently receiving a lot of attention in the international arbitration community. An ethical topic for sure, third party funding can provide the financing necessary for an international arbitration to move forward. This logically opens doors to those who may otherwise not be able to pursue the claim or assist those clients with many ongoing claims in mitigating their risk exposure.
How does it work? A fund is created which operates to finance a dispute proceeding. This includes covering the attorneys’ fees and the tribunal’s fees. In exchange, the fund shares a portion of the awarded damages, but also takes on the risk that no damages are awarded. It is possible [...]
Egypts Unrest – Dubai’s Moment of Opportunity?
January 28, 2011 – violent protests rocked Egypt;
February 2, 2011 – political anxiety and ongoing unrest in Egypt threaten to shake other economies;
February 11, 2011 – Mubarak resigned.
March 22, 2011 – fire at Egypt interior ministry;
April 17, 2011 – ex-ministers to be tried.
Recently, a significant amount of unrest has occurred in Egypt in which traditionally the leading arbitral institute for the Middle East resides. The Cairo Regional Centre for International Arbitration (the Cairo Centre) has enjoyed being the leading international arbitration in the Middle East region for several years; however, the regional unrest may dissuade international businesses from going to Egypt [...]
Oral Hearing and Party-Appointed Arbitrators: Guess?? Yep! That’s Who Appointed Them!
It is interesting to see what can happen sometimes during an oral hearing for an arbitral proceeding. I have noted from my esteemed colleagues that they have witnessed a very interesting phenomenon – watch the arbitrators – can you tell who appointed whom? Should you be able to?
Having worked for most of my career in The Netherlands before returning to my home country, the USA, I was a little surprised by what I noted and what I heard. Yes, I know about party appointed arbitrators. No, I did not realize that they could be so “non-neutral” as to be able to actively ensure the side of the party appointing is adequately considered and understood. Is that truly impartial and fair? Yes, t [...]
