International Arbitration

News & Analysis as of

Singapore to Permit Third Party Funding of International Arbitration

The Singapore Parliament passed on Tuesday a bill to allow third party funding of international commercial arbitration proceedings seated in Singapore. The bill, known as the Civil Law (Amendment) Bill – Third Party...more

International Arbitration Newsletter - January 2017

New “Expedited Procedure” aims to fast-track lower value disputes. On 4 November 2016, the International Chamber of Commerce (ICC) released amendments to its Arbitration Rules (the 2016 Rules), which will come into...more

Boletín Mensual de Comercio Internacional: Diciembre - Información con Énfasis en la Regulación Comercial y el Arbitraje...

Durante el mes de diciembre destacan los siguientes temas: Prácticas Desleales, Competencia Económica, Acceso, Comercio, Aduanero, Propiedad Intelectual, Inversión, Solución de Diferencias, Arbitraje....more

The Lagarde Prosecution: A Blow to Finality in Investor-State Arbitration?

On December 19, 2016, International Monetary Fund Managing Director Christine Lagarde was convicted of criminal negligence for failing, as French finance minister, to appeal an adverse arbitration award against a French...more

Using Arbitration to Resolve International Financing Disputes

Parties to international financial transactions have, subject to limited exceptions, historically been reticent to choose international arbitration as a means of dispute resolution in their agreements. In recent years,...more

Annulment of International Arbitral Award: the French Conseil d’Etat Makes First Foray into the Fiefdom of the Civil Cassation...

On 9 November 2016 and for the first time, the French State Council (Conseil d’Etat) set aside an international arbitral award. The award related to a public contract performed in France. The award was partially set aside on...more

“Pedal to the Metal” International Arbitration: ICC Issues Expedited Procedure Rules

In an effort to streamline arbitration proceedings where possible, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) announced on November 4, 2016 that it would issue new Expedited...more

French Administrative Supreme Court clarifies its interpretation of the validity of an arbitration award

French Administrative Supreme Court clarifies its interpretation of the validity of an arbitration award rendered in a dispute involving an administrative contract - On 9 November 2016, the Plenary Session (Assemblée du...more

Business Litigation Report - December 2016

Artificial Intelligence Litigation: Can the Law Keep Pace with The Rise of the Machines? - Artificial intelligence, or AI, is the broad conceptual term for the technologies or systems making it possible for computers to...more

December 2016: International Arbitration Update

Non-Pecuniary Remedies in Investment Treaty Arbitration. Many of the popular criticisms of investment treaty arbitration are directed at its potential to interfere with the autonomy of sovereign States to make and apply their...more

Emergency Relief in Arbitration

Most arbitration forums provide emergency and injunctive relief procedures for situations when the circumstances of the case do not allow for it to proceed within the standard time frame. Parties who had previously...more

Why Brexit is Not Bad News For UK-Based Arbitration and Litigation

A lot has been said about the uncertainties surrounding Brexit and its likely impact on doing business with and within the UK. Will London remain Europe’s financial centre? Will the UK reinstate customs duties on imports and...more

Arbitration World

From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment...more

ICC Announces New Expedited Rules for Smaller International Arbitrations

On Nov. 4, the International Court of Arbitration of the International Chamber of Commerce (ICC) announced that its Rules of Arbitration would be amended as of March 2017 to implement a new Expedited Rules procedure for...more

Singapore Legal Update - November/December 2016

Companies Act to Allow Re-domiciliation Into Singapore - On 26 October 2016, the MOF and the ACRA proposed to amend the Companies Act to allow for inward re-domiciliation of companies. This will allow a foreign company...more

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

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