The Danish Institute of Arbitration (“DIA”) revised its rules effective May 1, 2013, an overhaul from the prior 2008 iteration of its rules that brings the DIA rules into line with those of leading arbitral institutions. As part of these revisions, the DIA has both reorganized the structure of its rules and updated various key provisions. Among other changes, notable amendments include new provisions for the consolidation of cases and joinder of parties, new guidelines for arbitrator independence, and new provisions for the appointment of interim and emergency arbitrators.
Overall, the DIA has clearly made an effort to make its arbitral rules friendlier to international disputes. Th [...]
Improving the search for information about arbitrators
Last week I received an invite to a summer gathering organized by English mediator, David Richbell. One of the events is “Speed dating: Senior mediators including, amongst others, Michel Kallipetis, Liz Birch, Nicholas Pryor available for ten-minute personal interview.”
Imagine how such an innovative method for choosing an arbitrator might work: How long do you think an arbitration should last? Do think it is appropriate for a tribunal to decide dispositive issues at the outset of a proceeding? Ding!
Would parties say you manage proceedings with a firm hand?
[Announcer] “Time’s up! Please move to your next candidate.”
How long do you think an arbitration should last?
Do think it is appropriate for a tribunal to decide dispositive issues at the outset of a proceeding?
A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively. The 2011 survey of corporate counsel developed by researchers at Cornell University’s Scheinman Institute on Conflict Resolution, the Straus Institute for Dispute Resolution at Pepperdine University School of Law, and the International Institute for Conflict Prevention & Resolution (CPR) produced results that appear to be strongly reflective of U.S. practices and trends, but thoughtful practitioners and scholars will [...]
by Kah Cheong Lye (Partner) and Chuan Tat Yeo (Associate), Norton Rose (Asia) LLP
Like computer programs, the length of time between updates for institutional rules seems to get shorter and shorter. New editions of institutional arbitral rules were introduced by the SIAC in 2010, the ICC in 2012, and the HKIAC’s revised Administered Arbitration Rules (Draft HKIAC Rules) are expected in the first quarter of 2013. A general theme in recent revisions is the desire of institutions to “brand” their arbitrations, and to move away from institutions being a mere postbox and appointing authority. Institutions now want the power to shape the arbitral process.
An expression of this them [...]
In a recent post, here, I argued that the time has come to move on from the gumshoe clue-hunting approach currently employed to select international arbitrators. Existing practices are severely outdated and unduly expensive in an era of information and technological efficiency. The process for selecting arbitrators, I argued, should be more transparent and key information about arbitrators should be more equally accessible. The solution I proposed is what I have termed the “International Arbitrator Information Project,” a project that would aim to provide reliable, online one-stop-shopping for information about arbitrators. This post sketches some of the features and challenges that [...]
Over the summer, I read two discussions that gave some fascinating, albeit wholly depressing statistics about women arbitrators. The first was a great discussion initiated by Lucy Greenwood of Fulbright & Jaworski on the OGEMID listserv, which noted that only 6.5% of all commercial arbitrator appointments (both party appointments and institutional appointments) are of women.1 The second was an article by Gus Van Harten, which found this very same meager number—6.5%–as the percentage of women appointed as ICSID arbitrators through May 2010.2
For many women in arbitration, this information is probably not a surprise. Both discussions helpfully identify some additional cold, hard data o [...]