Key changes to the CIETAC Arbitration Rules
The China International Economic and Trade Arbitration Commission (“CIETAC“) has recently published its revised Arbitration Rules, which will come into force on 1 May 2012 (the “2012 Rules“). This is the seventh revision of the CIETAC Rules since they were first published in 1956. Whilst the majority of the changes in the 2012 Rules are aimed at clarifying existing practice, a number of the developments may have a significant impact on the conduct of CIETAC proceedings in the future.
The publication of the 2012 Rules comes at a time when CIETAC’s influence is perhaps greater than it has ever been. Whilst many alternatives exist, CIETAC maintains a dominant position in China, where PRC [...]
Singapore’s International Arbitration Act 2012 vs Hong Kong’s Arbitration Ordinance 2011
Following a previous round of amendments in 2009 that came into effect on 1 January 2010, the Singapore Ministry of Law published further proposed amendments to Singapore’s International Arbitration Act (“the IAA”) on 8 March 2012. The proposals took into account views garnered from a public consultation process. There are four key proposals in this round of amendments summarized below. This note also briefly compares the proposals against Hong Kong’s Arbitration Ordinance (“the AO”) that came into force on 1 June 2011.
I. The Writing Requirement
As a result of amendments in 2009, an arbitration agreement under the IAA currently includes “an agreement made by electronic commu [...]
CAS Decision sanctioning a ban by FIFA of a football player violates public policy
With its decision of 27 March 2012, the Swiss Federal Supreme Court held unlawful a disciplinary sanction by which FIFA threatened the football player Matuzalem with a lifetime ban in case he failed to pay a damage claim of his former club and employer.
By an earlier decision of the CAS, Francelino da Silva Matuzalem, together with the football club Real Saragossa SAD, were ordered to pay an amount of over EUR 11 million plus interest as damage after Matuzalem had left his former football club Shakhtar Donetsk to join Real Saragossa without a reason and without giving notice. As both Matuzalem and Real Saragossa did not pay the damage, FIFA set a final deadline for payment and, failing payme [...]
New Scholarship: The Rules, Practice, and Jurisprudence of International Courts and Tribunals
- By Chiara Giorgetti, White & Case LLP,
for White & Case
The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Martinus Nijhoff Publishers, 2012) has just shipped.
I am the (proud) editor and a contributor of the book and am delighted to have the opportunity to bring it to the attention of this group. I think it will be of special interest to arbitration practitioners.
The book examines the main existing international dispute resolution bodies in a systematic, comprehensive and accessible way.
To the extent possible, chapters are structured similarly, and each chapter explores a specific dispute resolution forum.
After a short introduction of the forum, each chapter provides essential information of the institution examin [...]
2012 ASIL Annual Meeting: Confronting Complexity
- By Chiara Giorgetti, White & Case LLP,
for White & Case
The Annual Meeting of the American Society of International Law is next week (March 28 – 31) at the Fairmont Hotel in Washington, DC. (register here.)
I have the honor to co-chair the meeting with Cymie Payne and Harlan Cohen and, together with a wonderful Program Committee, we put together a great program centered around the theme of “Confronting Complexity”.
The meeting includes many events of interest to international arbitration practitioners, including panels on the preparation of cases, fact-finding, ethics, sport arbitration, sanctions, the Ecuador/Chevron dispute and the emerging system of international arbitration.
At the meeting, James Crawford will be honored with the Hudson [...]
Arbitration in Times of Crisis
International arbitration has long played an important role in resolving disputes that arise out of political and economic crises. “Arbitration in Times of Crisis” is the theme of the 9th Annual ITA-ASIL Conference on 28 March 2012 in Washington, D.C. (see program). The conference will focus on lessons from the past use of arbitral mechanisms in times of crisis and an evaluation of 10 years of investor-state arbitration arising from the Argentine economic crisis.
From the Jay Treaty (1794) to the current investor-state arbitration regime under investment treaties, states have used international arbitral mechanisms to resolve complex disputes involving key areas of nati [...]
