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In Arbitration Agreements

England and Wales: The powers and limitations of the court in arbitration

by and 4 Mins Read

The court’s power to make appointments to an arbitral tribunal and the limitations it faces under the Arbitration Act 1996 were recently considered in the case of Guidant LLC v Swiss Re International SE and another [2016] EWHC 1201 (Comm). Background facts The claimant, Guidant LLC, entered into three almost identical insurance policies with Markel (Bermuda), Swiss Re International (UK branch), and Swiss Re International SE respectively. The insurance polices included an arbitration clause providing…

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In Asia-Pacific

Event: CAS: The “Supreme Court of Sports” at the 2016 Rio Summer Olympics

by 2 Mins Read

On August 30, 2016, the ABA Section of International Law will hold a teleconference entitled “CAS”: The “Supreme Court of Sports” at the 2016 Rio Summer Olympics, featuring Michael Lenard, President of the CAS Ad Hoc Tribunal for the 2016 Summer Olympics. Event details are below. Registration is available on the ABA’s website, here. Format: Teleconference Date: August 30, 2016 Time: 12:00 PM – 1:00 PM ET Sponsor(s): Section of International Law The 2016 Summer Olympics…

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In Arbitration Procedure

Witness Protection in Investment Arbitration – Tribunal refuses redacted witness statements

by and 6 Mins Read

A tribunal in an investment arbitration pursuant to the UNCITRAL Arbitration Rules between South American Silver Limited (“Claimant”) and The Plurinational State of Bolivia (“Bolivia”)[1] decided in several procedural orders on the question whether the parties are allowed to submit witness statements in redacted form. The most recent decision stems from 6 May 2016[2]. In its first decision of 1 April 2016[3] the tribunal had to decide whether to grant a protective order for one…

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In England and Wales

A Price of Independence: Brexit and International Arbitration

by and 7 Mins Read

On 23 June 2016, the British public voted 51.9% in favor of leaving the EU (“Brexit“). Legal practitioners, as well as businesses that are or may at some point be involved in disputes, are recommended to consider how this referendum will affect them. This article discusses some of the implications of the referendum for international commercial arbitration: what it means for ongoing London arbitrations (at 1.), what it means for future disputes (at 2.), and…

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