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Arbitration Procedure

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In Arbitration Procedure

The IBA Guidelines on Party Representation in International Arbitration: Problem Solved?

by and 24 Mins Read

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…

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In Arbitration Procedure

European Court of Justice upholds arbitral tribunal anti-suit injunctions

by and 3 Mins Read

In a highly anticipated decision (Gazprom C-536/13) the European Court of Justice (the “ECJ”) has clarified that anti-suit injunctions issued by arbitral tribunals are not contrary to the provisions of the Brussels I Regulation. Gazprom and the Lithuanian Ministry of Energy (the “Ministry”) were both shareholders in a Lithuanian natural gas company, Lietuvos Dujos. The Shareholders’ Agreement provided for the resolution of disputes to be referred to arbitration under the Rules of the Stockholm Chamber…

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In Applicable Law

Amendments to the Brazilian Arbitration Act were approved by the President of the Republic

by and 3 Mins Read

The President of the Republic in office, Michel Temer, approved the Law 13.129/2015 on 26.05.2015, amending the Brazilian Arbitration Act (Law N. 9307/1996). The final text is available here. The amendments brought reinforce the cultivated pro-arbitration environment in the Brazilian legal system with specific changes, seeking only to clarify controversial issues and dealing with matters not previously regulated, namely: Arbitration and Governmental entities: it confirms that Governmental entities may submit patrimonial issues to arbitration, regarding matters that…

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In Arbitration Procedure

What can happen if parties fail to pay the advance on costs requested by the ICC?

by 6 Mins Read

The High Court of Justice in Northern Ireland had to decide whether it could allow state court proceedings if the parties have failed to pay the advance on costs requested by the ICC. Case note on: Trunk Flooring Ltd v HSBC Asset Finance (UK) Ltd and Costa Rica SRL [2015] NIQB 23 FACTS The plaintiff purchased machinery from the 1st defendant that was manufactured by the 2nd defendant. The plaintiff was dissatisfied with the operation of the machine, so…

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