Arbitration Procedure Archives

In Arbitration Procedure

Turkey: Constitutional Court confirms the constitutionality of the Law on the Istanbul Arbitration Centre

September 28, 2015 by Baker McKenzie 4 Mins Read

The expansion of economic globalization and the growing number of transnational transactions in the last few decades have – inevitably – resulted in an increased number of cross-border disputes. As a result, the relationship between international trade and arbitration has become a hot topic in Turkey and has revealed the necessity of establishing a state independent international arbitration centre to supervise arbitration proceedings. An arbitration centre is especially important for foreign companies with projects or…

In Arbitration Procedure

A New “Investment Court System” – Reasonable Proposal or Nonstarter?

September 25, 2015 by Dr. Joerg Risse 6 Mins Read

On Sept. 16, 2015, the European Union launched a proposal for a new “Investment Court System” which shall…

In Arbitration Procedure

Singapore High Court confirms that an arbitral tribunal has the power to rule on its own jurisdiction, including where a party claims it has not signed any arbitration agreement

September 24, 2015 by Leng Sun Chan SC 6 Mins Read

Arbitral tribunals have the power under Singapore law to rule on their own jurisdiction, consistent with the widely…

In Arbitration Procedure

The Substantial Involvement of Arbitral Secretaries

September 17, 2015 by Dr. Markus Altenkirch and Benedic Schmeil 6 Mins Read

A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that an arbitral secretary was substantially involved? The Russian Federation argues “Yes” and applied in November 2014 to the District Court of The Hague to set aside the so-called Yukos awards. [1] The arbitral secretary in the Yukos case had devoted between 40 % and 70 % more time to the arbitrations than did any of the arbitrators.…

In Arbitration Procedure

USA: Arbitrator exceeded authority by failing to comply with multiple arbitration agreements

September 14, 2015 by 6 Mins Read

In PoolRe Ins. Corp. v. Organizational Strategies, Inc., No. 14-20433 (5th Cir. Apr. 7, 2015), the U.S. Court…

In Arbitration Procedure

The Use of Emergency Arbitration Provisions

September 10, 2015 by Michael Dunmore 10 Mins Read

Introduction Emergency arbitration is a feature of the rules of all leading international arbitration institutions, both across Asia and elsewhere.…

In Applicable Law

Brazil: Judiciary is well advanced in its goal to establish courts specializing in arbitration matters

August 25, 2015 by Joaquim de Paiva Muniz and Luis Peretti 2 Mins Read

In 2015, the body supervising the Brazilian Judiciary (Corregedoria Nacional de Justiça, or CNJ) included among its yearly objectives the specialization of two first instance courts in each state capital on matters ancillary to arbitration, a project that is now well underway. The goal set forth by the CNJ specifically calls upon each state’s jurisdiction to “attribute the competence of examining and judging disputes relating to the Arbitration Act to two of the civil sections…

In Arbitration Procedure

Sweden: SCC award set aside because of exceeded mandate

August 21, 2015 by 5 Mins Read

In its judgment dated 25 June 2015, the Svea Court of Appeal annulled a Stockholm Chamber of Commerce…

In Arbitration Procedure

ICSID tribunal orders claimants to disclose third-party funding arrangements

August 13, 2015 by Isabell Gernand 3 Mins Read

On June 12, 2015 the ICSID tribunal in Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti.…

In Arbitration Procedure

The Shadow Arbitrator: Mere Luxury or Real Need?

August 11, 2015 by Dr. Joerg Risse 5 Mins Read

In large arbitration cases, skilled counsels fill hundreds of pages with factual and legal arguments in order to persuade the arbitral tribunal. Only if counsel and client are completely convinced that their submission is “the best brief possible under the given circumstances” if not “the best brief ever”, it will ultimately be filed. But will the submission truly convince the arbitral tribunal? A German proverb says “The bait is for the fish to like, not…