In recent years the international arbitration community seems to be obsessed with the issue of arbitrator impartiality, independence and bias. The 2004 IBA Guidelines were followed by the LCIA’s 2006 Special Report and Decision to Publish challenge determinations, followed in 2007 by the ICC Bulletin Special Supplement, and most recently by TDM’s 2008 Special Issue…

Questions regarding the future of the FAA are no longer of passing concern. With a Democratic President and a Democratic Congress, there is a significant likelihood that some version of the proposed “Arbitration Fairness Act” will become law. As one prominent academic said to me this weekend, “The worst part about Obama getting elected is…

This month, the British Institute of International and Comparative Law (BIICL) is hosting a roundtable discussion on the global financial crisis and international investment arbitration. By many accounts, the present global economic nosedive seems to be giving rise to an up-tick in some forms of international arbitration and litigation. Financial institutions are suing one another…

The American Society of International Law is pleased to join a number of organizations and institutions contributing to this on-line discussion of current issues in international arbitration. We have long provided a forum for the international arbitration community to come together and share ideas-in print, at our meetings, or on line-and we consider this new…

Parties involved in foreign litigation have a powerful U.S. discovery tool at their disposal in 28 U.S.C. § 1782(a). Section 1782(a) provides that a federal district court “may order” a person “resid[ing] or found” in the district to give testimony or produce documents “for use in a proceeding in a foreign or international tribunal…” Accordingly,…

In its decision of 6 October 2008 (5A_201/2008), the Swiss Federal Supreme Court had another opportunity to address its practice regarding conflicts of interests of part-time judges and arbitrators. It had stated in earlier decisions that a judge is deemed to be biased if he or she acts or recently acted as counsel for one…

What exactly is a foreign investor? To the layperson, it may seem self-evident: a national of one country who invests in another country. But in an era when foreign investors often enjoy much more favourable legal and financial benefits than their domestic counterparts, it seems that everyone is scrambling to be classified as a foreigner…

The Kluwer Arbitration Blog is a project that has been in the works for months, and we are excited about what the future holds for this new venture. As the managing editor of this new blog, I wanted to offer a few quick thoughts about the nature of international arbitration and why I think the…