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Blog Archives
ENGLISH HIGH COURT STAYS COURT PROCEEDINGS IN FAVOUR OF ARBITRATION
The court granted a stay of proceedings under section 9 of the Arbitration Act 1996, finding a reference to “court” in the underlying contract to be a reference to the London Court of International Arbitration. The case is a reminder …
Arbitration clauses in ISDA master agreements
International arbitration is increasingly recognised as the preferred dispute resolution mechanism for cross-border derivative transactions although historically parties typically opted for litigation, even when the dispute included an international component, and with English and New York laws as traditionally the …
UK SUPREME COURT RULES ON APPARENT BIAS OF ARBITRATORS
Background The case arose from the 2010 explosion at the Deepwater Horizon oil rig and subsequent oil leak in the Gulf of Mexico, in which 11 offshore workers died. Thousands of civil claims were brought against oil giant BP, the …
Taking evidence in international arbitration – IBA rules versus the Italian and English legal systems
The choice of arbitration as a means of alternative dispute resolution allows the parties to tailor many aspects of the process to the needs of a specific dispute. This brief guide has been prepared for Italian lawyers and provides an …
New LCIA Arbitration Rules: In force on 1 October 2020
(1) Case Management Powers Enabling Expedition The 2014 version of the LCIA Arbitration Rules made clear that the tribunal has “the widest discretion to discharge [its] general duties” and that “the Arbitral Tribunal may, subject to the LCIA Rules, make …
DOUBLE HATTING: DUTY TO DISCLOSE TIES BETWEEN ARBITRATORS AND EXPERTS IN INTERNATIONAL ARBITRATION
Introduction An arbitrator’s failure to disclose a professional relationship with an expert witness led an ICSID ad hoc committee (the “Annulment Committee”) on 11 June 2020 to issue a unanimous decision to annul a €128 million award against Spain in …
The 2019 LCIA Casework Report: Record Number of New Cases
On 19 May 2020, the London Court of International Arbitration (“the LCIA”) released its Annual Casework Report for 2019 (“the Report”) revealing that it received the greatest ever number of arbitrations in 2019. Of note, the statistics reveal that the …
