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Asia-Pacific

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In Asia-Pacific

The new ICCA Drafting Sourcebook and the Rise of Soft Law in International Arbitration

by and 4 Mins Read

The International Council for Commercial Arbitration (“ICCA”) has recently published a so-called “Drafting Sourcebook for Logistical Matters in Procedural Orders” (“ICCA Drafting Sourcebook”). This is a thirty-page booklet which enumerates in no less than thirty-four chapters typical procedural rules which an arbitral tribunal might use to structure the arbitral proceedings. The extent of covered content is impressive and ranges from communication rules and the handling of time limits to formatting issues for submissions, the structure…

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In Australia

East Timor resumes CMATS arbitration against Australia

by and 4 Mins Read

The Timor-Leste v Australia case in the International Court of Justice (ICJ) was officially discontinued on 11 June 2015. East Timor has stated it will resume its principal arbitration against Australia, challenging the validity of the billion dollar gas and oil Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS) which governs their respective interests in the Joint Development Area, including the Greater Sunrise fields. The continuing development of the Greater Sunrise fields is…

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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 Consent to Arbitrate

The Future for Arbitration in Russia – Asia in Focus

by 13 Mins Read

TRADITIONAL ARBITRATION INSTITUTIONS IN TIMES OF ANTI-RUSSIAN SANCTIONS There has been discussion in recent months about a potential shift away from the common preference of Russian companies to refer disputes under their contracts to LCIA (or sometimes ICC) arbitration in London, with English law as the governing law. The shift is considered to be a reaction against the imposition of sanctions by the United States and European Union in relation to events in Crimea and…

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