There has been much debate and discussion regarding third party funding in international arbitration. The question that is now being asked is whether parties should make full disclosure about receiving third party funding. In a recent ICSID decision which was covered here, the tribunal ordered the Claimants to disclose whether they were the recipients of third party funding, and, if they were, to disclose the names and details of the funder and some terms upon…
On 12 November 2015, the European Union’s proposal for “Investment Protection and Resolution of Investment Disputes” was made…
In Pre-Paid Legal Services, Inc. v Cahill, No. 14-7032 (10th Cir. May 26, 2015), the U.S. Court of Appeals…
In a judgment of 7 August 2015, the Court of Appeal Cologne had to deal with a claim for damages of a former respondent in arbitration proceedings. The respondent had lost the arbitration to a large extent. The tribunal ordered the respondent to reimburse the claimant’s costs of approx. EUR 730,000 including lawyers’ fees in an amount of approx. EUR 460,000. As it subsequently turned out, the claimant had in fact only paid to his lawyers’ fees in…
In three similar decisions of 17 March 2015[1] the Austrian Supreme Court (“OGH”) clarified how insolvency proceedings may…
“Would you, dear arbitrator candidate, be prepared to meet with my client? They really want to know beforehand…
Most major international arbitration rules require that an award rendered by a tribunal include the reasons upon which it is based. However, arbitration institutions themselves often render decisions of significant importance to parties—for example regarding challenges to arbitrators—and most arbitration rules do not require that the institution provide reasons for such decisions. It is therefore of considerable interest that the International Court of Arbitration of the International Chamber of Commerce (“ICC Court”) announced in a…
Since its establishment in 2004, the Swiss Chambers’ Arbitration Institution and the Arbitration Court have handled 836 arbitration cases.…
Confidentiality is now “opt-out” As of 14 October 2015, international arbitrations seated in Australia are confidential unless the…
In a decision rendered on July 29, 2015, the Swiss Federal Supreme Court had to consider the use of administrative secretaries and “consultants” to arbitral tribunals (decision 4A_709/2014 of July 29, 2015). The case concerned the renovation of a property in Switzerland. The parties had agreed to submit a dispute to a sole arbitrator who should decide it ex aequo et bono. The parties losing the arbitration filed an appeal and argued that the sole…