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The Substantial Involvement of Arbitral Secretaries

A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that an arbitral secretary was substantially involved? The...

The Shadow Arbitrator: Mere Luxury or Real Need?

In large arbitration cases, skilled counsels fill hundreds of pages with factual and legal arguments in order to persuade the arbitral tribunal. Only if...

Parties’ Preferences in International Arbitration: The Latest Statistics of the Leading Arbitral Institutions

Parties who want to opt for institutional arbitration (instead of ad-hoc arbitration) can choose amongst a long list of local and truly international arbitral...

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

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...

Disregarding Witness Statements? Why Arbitrators cannot Unring the Bell

Witness evidence in international arbitration is generally prepared by witness statements these days. A witness statement is a written account of the testimony that...

Arbitration Club Produces Bespoke “Expedited Procedure” for Financial Services Disputes

It has been suggested that the use of arbitration to resolve disputes in the financial services sector is less popular than it could be,...

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

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...

ICC Launches New 2015 Expert Rules

The use of experts and neutrals in ADR is a growing trend. In response to this, the ICC launched a new set of Expert...

Corruption and International Arbitration

How prior corrupt conduct by a company can limit it from subsequently pursuing legal rights and remedies Bribery and corruption are significant risks in the...

Brazil signs new bilateral investment treaties with Mozambique and Angola: new approach to BITs...

On 30 March 2015, Brazil and Mozambique entered into a treaty, which they call the Agreement for Cooperation and Investment Facilitation. On 1 April,...