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Arbitral tribunals’ decisions on costs sanctioning the parties for counsel behavior: A phenomenon expected to increase?

The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s institution or the ArbitralWomen.

Guidelines 26 and 27 of the IBA Guidelines on Party Representation in International Arbitration have again raised the debate on the extent that Arbitral Tribunals are entitled to deal with “guerrilla tactics”. 1 The present contribution will in particular discuss Arbitral Tribunals’ power to sanction parties for the behavior of their counsel in the proceedings by a ruling on costs.

Guideline 26 – on the “remedies for misconduct” – gives Arbitral Tribunals the discretionary power to take into account the Party Representati [...]

Efficiency at all cost – arbitration and consolidation?

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 [...]

Paperless Arbitrations – Where Do We Stand?

The views expressed are those of the author alone.

Technology in arbitration is of course a vast subject which has been addressed extensively by a number of writers. This article focuses briefly on the issue of reducing paper in arbitrations. It considers: How are practitioners currently dealing with paper reduction at the various stages of an arbitration, especially the hearing ? (Although discovery can consume significant amounts of paper, it merits its own consideration and is not therefore addressed in this article.) Are any facilities, rules and/or guidance available on the subject? Are there any drawbacks to using technology to cut down on paper? What is the way forward?

Most of us lik [...]

Lists, Checklists, Guidelines, Principles, Techniques, Protocols, Best Practices: Are They Useful?

By Karen Mills, Mirèze Philippe and Ileana M. Smeureanu
The views expressed are those of the authors alone and should not be regarded as representative of or binding upon the institution or the law firms they belong to.

In the last twenty years there has been a proliferation of books, publications and articles about arbitration. Since the last decade arbitration news exchanges on listserves and through newsletters have further added to this industry of arbitration documentation. The arbitration community has noticed this phenomenon and sees in this abundance of material the desire of practitioners to share their knowledge and experience. Newcomers in the field can also see that the best way [...]

Confidentiality in Arbitration Revisited: Protective Orders in the Philippines

Confidentiality in arbitration arises through the agreement of the parties, by selecting arbitration rules with explicit provisions thereof, or under domestic statutory regulations. Few national laws regulate confidentiality in arbitration. This is because a large number of countries follow the UNCITRAL Model Law on International Commercial Arbitration, whose drafters made it clear that “confidentiality may be left to the agreement of the parties or the arbitration rules chosen by the parties.” (Report of the Secretary-General on Possible Features of a Model Law in International Commercial Arbitration, UN Doc. A.CN.9/207, para. 17, in XII Y.B. UNCITRAL 75, 90 (1981)). In 2006, the UNCITR [...]

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