On this blog, I have previously (here and here) questioned existing practices for how arbitrators are selected and argued that a new approach is both necessary and long overdue. To briefly recap those previous posts, the selection of arbitrators is one of the most sensitive and critical moments in an arbitration. Arbitrators not only decide substantive outcomes of disputes, but also are vested with extraordinary discretion to determine a range of issues that affect how the arbitration will proceed—from the scope of arbitral jurisdiction, to how the applicable law is selected, to the procedures for adducing evidence, to the availability of interim relief, to how costs and fees are awarded. [...]
The most quintessential element of international arbitration is an impartial, independent and neutral tribunal. Where impartiality and independence of the arbitrators is equated with direct relation to or bias towards one of the parties, neutrality is related to the nationality of the arbitrator. In international sphere, the “appearance of neutrality” is considered equally important, meaning an arbitrator is neutral if his nationality is different from that of the parties. Nationality generally, is not an issue if the parties have agreed to appoint an arbitrator of the same nationality as that of one of the parties but it has a different impact when national courts acts as the appointing [...]
Three Crowns announced its official launch scheduled for Monday, April 7th, with offices in London, Washington DC and Paris. With the official launch just a few days away, Roger Alford caught up with Luke Sobota, one of Three Crowns six founding partners.
Roger – Why did you leave your prior firms and create your own firm?
Luke - In various discussions, the founding partners discovered a common vision about a different way to practice international arbitration. We believe that clients will benefit from dedicated and focused teams with hands-on partner involvement from start to finish, and that a smaller structure would permit flexibility in staffing and pricing.
Roger - Three Crowns i [...]
The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s law firm.1
Consolidation of multiple disputes into a single arbitration proceeding is considered progress with respect to the efficiency of the arbitration process. Consolidation is a procedural mechanism allowing for two or more claims to be united into one single procedure concerning all related parties and disputes.
On the surface, it seems more efficient to do everything at once, but a closer look reveals that this is not always the case. This blog will examine the different practical aspects of consolidation.
Consolidation may be of various types:
1. multiple pa [...]
As announced in my earlier post we will interview Gary Born at the occasion of his new edition of International Commercial Arbitration. This second edition is an authoritative 4,500 page treatise, in three volumes, providing the most complete and up-to-date available commentary and analysis on all aspects of the international commercial arbitration process. We will talk about his work as counsel and arbitrator at WilmerHale and also as professor at various universities around the world. And of course we will also discuss his new edition.
The interview will take place via webinar on 4th March at 15.00 GMT. Please click here to register.[...]
Allegations of fraud and corruption are increasingly encountered in international arbitrations but there is at times a perception that international arbitration, which is by nature a private and consensual dispute resolution mechanism, is ill-equipped to handle the challenges thrown up by such allegations. This is particularly so when looking at arbitral procedure. Is this perception justified or is international arbitration flexible enough a tool to overcome these challenges?
Is a dispute concerning fraud arbitrable?
In England there is no public policy requiring issues of fraud to be decided by the courts. Therefore, accusations of fraud are in principle capable of falling within the scop [...]