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Overview Following debate within the arbitration community regarding the proper scope of the role of a tribunal secretary and a series of challenges to arbitral awards based on the alleged improper exercise of that role, the London Court of International Arbitration (“LCIA”) recently updated its Notes for Arbitrators, with a particular focus on implementing new guidelines on the use of tribunal secretaries (cf. short note on ICC’s and LCIA’s Revised Practice Notes). These changes primarily…

What is the most efficient alternative, i.e. out of court, way to settle disputes? Arbitral institutions provide many options to the parties: “normal” arbitration, expedited arbitration, mediation, multi-tier dispute resolution providing for both mediation and arbitration … A relatively recent option was presented by the Singapore International Arbitration Centre (SIAC) and the Singapore International Mediation Centre (SIMC). In November 2014, the SIAC and the SIMC introduced so-called hybrid proceedings called Arb-Med-Arb, i.e. Arbitration-Mediation-Arbitration. In the…

On 1 September, a task force of the ICCA and the Queen Mary School of International Arbitration published a draft report on third party funding. The draft report is still available for public comment until 31 October 2017. A final report will be launched in April 2018. In the following, we want to give a quick overview of the 177-page report which can be downloaded here. Pursued objectives of the report are, on the one…

Can a tribunal order an impecunious claimant to pay security for costs? This is an often debated topic both in commercial and in investment arbitration. In recent years, several investment arbitration tribunals have dealt with applications for security for costs: – Rawat v. Mauritius (cf. article on GAN) – RSM v. Saint Lucia (cf. article on GAN) – Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan (cf. article on GAN) Once…