International Arbitration

News & Analysis as of

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

Enforcing Foreign Arbitral Awards where assets are in Saudi Arabia

A recent case may represent a tangible sign that the enforcement of foreign arbitral awards in KSA has entered a new era. Saudi Arabia has recently enforced a US$18.5 million foreign arbitral award rendered under ICC Rules,...more

Russia Implements Arbitration Reform

Russia has significantly revised its arbitration laws as of 1 September 2016. On that date, two laws—the Federal Law “On Arbitration (Arbitral Proceedings) in Russia” and the Federal Law No. 409-FZ—come into effect, and amend...more

Korea Quarterly - August 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

The importance of the arbitration notice: make sure it is sent to the right person

Sino Channel Asia Ltd v. Dana Shipping and Trading Pte Singapore and Another [2016] EWHC 1118 (Comm) - A recent English High Court decision serves as a reminder of the importance of taking great care in relation to...more

The Validity of Arbitration Clauses in Concession Agreements

This alert provides an overview of the recent position of Russian courts in relation to validity of the arbitration clause in the concession agreement. In particular, the Commercial Court of the North-West Circuit in its...more

Second Circuit Affirmed Enforcement of ICC Arbitral Award Annulled Abroad

Decision confirming an arbitral award annulled in Mexico, underscores US courts’ pro-enforcement position and highlights different approaches undertaken by courts around the world. On August 2, 2016, the United States...more

International Arbitration Alert - 2016 SIAC Rules

On 1 August 2016, the sixth edition of the Singapore International Arbitration Centre’s (“SIAC”) rules will enter into force (“2016 SIAC Rules”), applying to arbitrations commenced on or after that date. They replace the 2013...more

LNG Disputes on the Rise

Although some in the LNG industry are generally aware of price review disputes (mostly in Europe) that occurred during the last decade, the growing overall trend globally in LNG disputes (especially via international...more

Overview of the 2016 SIAC Rules

The sixth edition of the arbitration rules of the Singapore International Arbitration Centre (SIAC) entered into force on 1 August 2016. To mark the occasion we provide this client briefing on the key features of the new...more

A new dawn for summary determination in international arbitration: the revised SIAC Rules

The new edition of the Arbitration Rules of the Singapore International Arbitration Centre (SIAC), which come into effect today, introduces a novel procedure for the early determination of claims or defences that are...more

Singapore International Arbitration Centre 2016 Rules Come Into Force

INTRODUCTION - The sixth edition of the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) comes into force today, August 1, 2016 (the “SIAC Rules 2016” or the “Rules”).2 The Rules were...more

Third Party Funding: a New Chapter in Hong Kong & Singapore

The legal landscape is changing in South East Asia for third party funding of international arbitration. Third party funding – by which a commercial fund finances a case in exchange for a share of the damages – has...more

Arbitration Article Series V: Challenging an Arbitration

In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not...more

Arbitration Article Series IV. Enforcing Arbitration Awards

Parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is common for the...more

Argentina: From International Market Isolation to Promising Opportunities for Investors

Argentina is keen to attract foreign investment. Not only has it recently implemented a series of economic measures, but it has also made changes to its legal framework including the enactment of a new arbitration regulation,...more

ICSID Tribunal: State Imposed Tobacco Control Measures Do Not Violate Investment Treaty Obligations

The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently released its decision in Philip Morris v. Uruguay, holding that tobacco control regulations implemented by a state to protect public...more

Arbitration Article Series III: Terms of References

As per the arbitration and civil rules in the UAE, the arbitration rules shall be governed by the Terms of Reference. The Terms of Reference is a document used within international arbitration law. Its main purpose is to...more

Avoiding Defective Service in Arbitration

A recent High Court decision provides a timely reminder that parties to an arbitration agreement must take care to ensure that arbitration proceedings are properly served to avoid an award being set aside or refused...more

Arbitration Article Series II: Appointing Arbitrators

An arbitrator can be appointed directly by name (this is not the common method used), through the court or through the arbitration centre. If you agree for the court or arbitration centre to appoint an arbitrator you need to...more

Looking Forward: Expedited Arbitration

The Stockholm Chamber of Commerce’s (SCC) revised draft Rules for Expedited Arbitration (the “Expedited Rules”) and the SCC’s draft Arbitration Rules (“the Arbitration Rules”) (together “the Rules”), due to come into force in...more

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