The London Court of International Arbitration (LCIA) has recently adopted a new set of arbitration rules, which will come into effect on 1 October 2014.The new rules aim to ensure an effective, efficient and fair process. The LCIA reports that its new Director General, Dr Jacomijn van Haersolte-van Hof, thanked those who contributed to ‘the meticulous and thoughtful drafting process, which has led to a balanced set of Rules.’ This piece will discuss some of the main changes introduced by the new rules.
The new rules provide that in case of emergency, a party can apply for the appointment of a temporary sole arbitrator in advance of the formation of the tribunal. Spec [...]
The Law Commission of India under the chairmanship of Justice AP Shah had constituted an expert committee to work on the 246th Report on “Amendment to the Arbitration and Conciliation Act, 1996” which was recently submitted to the Government of India. In this piece, Ashutosh Ray, who was a part of the expert committee, covers for the larger international audience, the important suggestions and amendments recommended by the Commission.
Tackling Delay in Courts
The most serious problem currently faced, especially by foreign parties, is the time taken once an arbitration matter reaches court. The Commission has made various proposals to address this issue including that of raising bar for [...]
By Jelita Pandjaitan and Justin Tang
The China (Shanghai) Pilot Free Trade Zone (the “FTZ”) was launched in September 2013 with promises of relaxed controls in key areas such as foreign exchange and foreign investment. In the subsequent nine months, a raft of initiatives have included the liberalisation of offshore RMB financing and other cross-border investment and hedging transactions for entities registered with the FTZ and the opening up of the highly regulated e-commerce and value-added telecoms sector within the FTZ.
Where new business flows, disputes inevitably follow and the Shanghai International Economic and Trade Arbitration Commission (also known as the Shanghai Internationa [...]
and Sapna Jhangiani, Clyde & Co. and Joseph P. Matthews J.D., University of Miami School of Law
for Young Arbitration Practitioners
It has been some time since the White Industries Australia Limited v Republic of India judgment was rendered against India in 2011. However, there remain several interesting aspects of the case still not widely known by the international arbitration community. For example, it is generally considered that this case was the first Investment Treaty Claim (ITA) against India. In fact, there was another ITA claim against India previously – the Dabhol case – which was related to a power project in State of Maharashtra, but was settled in 1996. This post seeks to set [...]
Recent posts suggest that “double hats” – practitioners who also act as arbitrators – have finally taken interest in the role of a tribunal secretary. Several years ago it would have been unthinkable for partners in major law firms to spend their time concerning themselves with what the tribunal secretary does, let alone post Kluwer blogs about it. Back in those dark days, major arbitral institutions, when asked directly, would either give a diplomatic and non-committal response or remain silent as to what their legal officers do when assigned the role of a secretary. That is largely why the tribunal secretary area of international arbitration has remained “grey”, as Michael Polkin [...]
Critical negotiation moments punctuate the entire timeline of an international arbitration, from before it starts to even after it is over. And when these moments arise, a practitioner’s ability to negotiate effectively can sometimes be as important as their mastery of the subject matter.
After all, what use is technical skill if you cannot deploy it to obtain good results?
Instances where practitioners must draw on their negotiation skills in international arbitration include:
Counsel selection and fees: when a dispute first arises, parties may negotiate with counsel who might handle the arbitration, over fee arrangements or the strategy to be pursued.
Arbitral appointments: in getting an a [...]