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…
Parties who want to opt for institutional arbitration (instead of ad-hoc arbitration) can choose amongst a long list…
On June 8, 2015, the Brazilian President issued Decree No 8,465 of 2015 (the “Decree”), which lays down the procedural…
Manila, Philippines, July 2015 — Quisumbing Torres’ (QT) Dispute Resolution Practice Group, headed by Donemark J.L. Calimon, hosted Arbitration 101: Tips, Tricks and Traps last 30 June. Through this event, QT provided representatives from a 29 organizations with an overview of arbitration as well as practical insights and discussions of key issues on and recent developments in arbitration, drafting of arbitration clauses, interim measures of protection and institutional arbitration. “Arbitration as an alternative to dispute…
Witness evidence in international arbitration is generally prepared by witness statements these days. A witness statement is a…
In a rare split amongst the judges of the Court of Appeal, the majority in PT Persuhaan Gas…
In Sierra Fishing Company and other v Hasan Said Farran and others [2015] EWHC 140 (Comm), the English court took the unusual step to remove an arbitrator as there were justifiable doubts as to his impartiality. The Court considered his relationship with one of the parties, his involvement in drafting one of the agreements in dispute and his conduct once the challenge against him had been made. It found that each of the three grounds…
In Jacobs E&C Limited v Laker Vent Engineering Ltd [2015] EWHC 4818 (TCC) the English High Court considered…
It has been suggested that the use of arbitration to resolve disputes in the financial services sector is…
1. Introduction Two recent directives for lawyer comportment have triggered lively debates on how the fairness of arbitration procedures is affected by differences in party representatives’ conduct: the IBA Guidelines on Party Representation in International Arbitration (“IBA Guidelines”) and the Annex to the 2014 Arbitration Rules of the London Court of International Arbitration (“LCIA Rules”).[1] Party representatives in international arbitration proceedings frequently come from different legal and cultural backgrounds. Their understanding of ethical conduct and…