International Arbitration

News & Analysis as of

Admission of QC to Singapore Courts Permitted Only When Necessary

The Singapore High Court has issued another decision concerning the ad hoc admission of foreign counsel, underscoring that the current admissions regime should be viewed through the prism of “need.”...more

The Use of Experts in International Arbitration: Selection of an Expert Witness

In international arbitrations, litigators from the U.S. often find a bit of the familiar mixed in with equal or greater bits of the unfamiliar. (Whether they acknowledge or treat the latter as such, alas, varies by...more

The DIFC-LCIA Releases New Arbitration Rules

The new rules are designed to expedite proceedings and arbitral tribunal formations. The DIFC-LCIA Arbitration Centre (DIFC-LCIA) recently released new arbitration rules (2016 Rules) deigned to mirror the London Court of...more

Subcommittee on IBA Arbitration Guidelines and Rules Report - 5 Key Takeaways

The Report illustrates wide-spread use of IBA soft law instruments; provides snapshot of international arbitral practice and regional trends. The Subcommittee on IBA Guidelines and Rules recently released the results of...more

Singapore Court: Arbitration Clause Held to be Governed by Law of Main Contract

The Singapore High Court has clarified that the law governing an arbitration agreement is presumed to be the same as the law of the contract containing that arbitration agreement, and has clarified the application and nature...more

ICC Commission Report Identifies Financial Institutions’ Preferences and Experience With International Arbitration

The report reveals trends in the use of arbitration, dispels common misconceptions and provides insights about when to choose arbitration. On November 9, 2016, the ICC Commission on Arbitration and ADR’s Task Force on...more

Singapore: Third-Party Funding for International Arbitration

Civil Law (Amendment) Bill 2016 will permit third-party funding of international commercial arbitrations and provide a regulatory framework for funders. Following a public consultation exercise conducted earlier this...more

The Express Lane for claims under US$ 2 Million: The new ICC Expedited Procedure Rules

On 4 November 2016, the ICC announced an amendment to the 2012 ICC Arbitration Rules to incorporate a set of new Expedited Procedure Rules for smaller claims with effect from 1 March 2017. The Expedited Procedure Rules shall...more

Brexit: New Arbitration Alternatives for Financial Disputes

Recent innovations at a number of arbitral institutions have brought into sharp focus arbitration options for post Brexit financial disputes. The English Arbitration Act is in its 20th year. It provides a...more

Emergency Relief in Support of Arbitration: The English Courts Take a Back Seat

The Advent of Emergency Arbitration Provisions - In recent years, and in response to user demand, almost all of the world’s leading international arbitration institutions have changed their rules to allow parties to...more

U.K. to Remain Top in Arbitration Despite Brexit

Despite the uncertainty following the British referendum on 23 June 2016, when the United Kingdom voted to leave the European Union, one area is not expected to change and in all likelihood will flourish. London has long been...more

Yes, We Can (Order a Country to Suspend Criminal Prosecution and Extradition): Hydro v. Albania Redux

An update, if not an epilogue, to the Hydro v. Albania saga. As described in our prior post, the ICSID arbitration tribunal in that case had imposed interim measures directing the Albanian government to suspend its...more

Hong Kong Arbitration Week Triumphs Despite Weather

Hong Kong woke up this morning to a battering from Typhoon Haima. With much of the global arbitration community currently in the city for the fifth annual Hong Kong Arbitration Week, this force majeure event was no doubt an...more

International Arbitration Newsletter - October 2016

London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The use of arbitration in England is long-standing and a legislative framework recognizing and seeking to encourage the...more

Brexit: Potential Implications for International Arbitration in London

This note discusses the reasons why Brexit is unlikely to adversely impact London’s position as a leading centre for international arbitration. It further sets out some of the areas in which international arbitration in...more

Challenging Arbitrators for Alleged 'Conflict of Interest' in US-Based International Arbitrations

A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more

Singapore Ranks #1 in Recent Survey of Expats

A most interesting report showing results of a survey was just released by HSBC. In the Expat Explorer Survey, created to measure which countries are the most enjoyable to expats, HSBC shares results in three categories –...more

SIAC Publishes Average Cost and Duration of Arbitrations

The study shows that SIAC arbitrations may provide faster dispute resolution than LCIA arbitrations. On 10 October, the Singapore International Arbitration Centre (SIAC) published its study on the average cost and...more

The ICC modifies its Note on the Conduct of Arbitration under the ICC Rules

The Secretariat of the International Court of Arbitration of the International Chambers of Commerce (ICC) periodically issues documents for the information of parties and arbitrators and to aid the conduct of the proceedings....more

Hong Kong - The Gold Standard of International Arbitration in Asia

According to the 2015 International Arbitration Survey conducted by Queen Mary University of London, Hong Kong is the third most preferred seat of international commercial arbitration in the world, behind only Paris and...more

Overview of Recent Changes to ICC Arbitration Proceedings

The International Court of Arbitration (the Court), the arbitral institution of the International Chamber of Commerce (ICC), recently announced a series of changes to ICC arbitration proceedings. The new policies are...more

Korea Quarterly - September 2016

Controlling Costs in International Arbitration - Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators...more

English High Court allows recovery of third party funding costs in ICC arbitration proceedings

The use of third party funding in arbitration has grown significantly in recent years, with many funders now reporting that their portfolio of funded cases is evenly split between litigation and arbitration matters....more

Court May Order Closed-Door Hearings in Proceedings Linked to Arbitration

The Singapore High Court has held that parties are not entitled to rely on provisions in the International Arbitration Act to apply for in camera proceedings and for sealing orders where the action before the court is not...more

Dispute Adjudication Boards: Are they the future of dispute resolution?

Contractors who are working in international markets will almost certainly have encountered the Dispute Adjudication Board ("DAB") contained in each of the FIDIC Red, Yellow, Silver and Gold Books. However, they may be left...more

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