By Peter Godwin, Elaine Wong and James Allsop, Hebert Smith Freehills
The Japan Commercial Arbitration Association (“JCAA”) has introduced an amended version of its Commercial Arbitration Rules (the “New Rules”). The New Rules, which contain comprehensive amendments, came into force on 1 February 2014 and will apply to all arbitrations initiated on or after that date. The changes are intended by the JCAA to update its rules in line with recent trends in the amendment of arbitration rules (such as the 2013 amendments to the Hong Kong International Arbitration Centre (“HKIAC”) and Singapore International Arbitration Centre (“SIAC”) Rules). Accordingly, the New Rules contain provisions aimed at [...]
Under the direction of the Swiss Arbitration Association (“ASA”), a recent questionnaire asked 82 of the world’s most prestigious arbitral institutions, among other questions, whether they had insurance for professional liability claims. There are very few empirical studies in this area, but the survey indicated that only few institutions made an effort to answer; and for the 22 of institutions that did respond, the responses came from major international arbitration institutions. The data collected was noteworthy. Over half of the institutions responding identified that they had insurance for liability claims against the institution. The study also identified that arbitral institutio [...]
and Anna Tkachova, Asters
Court practice shows that sometimes while considering applications on recognition and enforcement of foreign arbitration awards, Ukrainian courts apply Ukrainian legislation in an arbitrary manner. In this post we will analyze the legal grounds used by Ukrainian courts in consideration of an application seeking recognition and enforcement of an award issued by the London Court of International Arbitration.
The award at issue was granted in the dispute between Weatherford Oil Tool GmbH (“Weatherford”) and LLC Scientific and Production Enterprise Atoll (“Atoll”). Weatherford and Atoll have entered into a commercial contract for supply of equipment and provision of ser [...]
A new version of the so-called “Vienna Rules” came into force on 1 July 2013. Due to practitioners’ broad acceptance of the Vienna Rules 2006, changes were made only with regard to specific matters. The major focus of the amendments lies on expediting the arbitration proceedings and addressing cost-related issues.
A group consisting of both academics and practitioners worked approximately one and a half years on revising the Vienna Rules 2006. To evaluate where a need for improvement existed, VIAC launched an international survey which established that both the flexibility and simplicity of the Vienna Rules use were highly appreciated in pra [...]
This morning, a colleague in Asia forwarded me an article with news of the latest efforts by Singapore to establish itself as a preferred location for international dispute resolution: an ambitious initiative by the country’s Law Ministry to make Singapore a regional destination for international commercial mediation, and plans to create a Singapore International Commercial Court.
Is this relevant for the future of international commercial arbitration?
Very much so.
As a fee-based service, arbitration already finds itself in highly competitive markets. The ICC competes with the ICDR to attract parties to adopt their rules, and they both compete against regional institutions like the Singapo [...]
With regard to multicontract arbitration, the CEPANI Arbitration Rules (“the Rules”) contain a specific provision (Article 10).
Article 10(1) allows the parties to pursue claims arising out of different contracts or in connection with more than one contract in one single arbitration.
This can occur for example when parties decide to conclude different contracts with a related subject matter (part of one single economic transaction) or when one contract is the result of another, etc. In case of dispute, problems can arise when not all the contracts contain an arbitration agreement or have conflicting clauses on jurisdiction, or when the arbitration agreements seem incompatible (different [...]