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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...

Is a Recent ICSID Decision Giving Real Teeth to Security for Costs or Merely...

On April 8, 2015, a three-person tribunal at the International Centre for Settlement of Investment Disputes ("ICSID") took an expansive view of its authority...

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...

TTIPping the balance: The Crusade against Investor-State Arbitration

If recent speculation is to be believed, the EU and US are sleep-walking into a scenario where they surrender their regulatory sovereignty to a...

USA: Arbitrator and counsel affiliations with ICC not evidence of bias

In Landmark Ventures, Inc. v. InSightec, Ltd., No. 14 Civ. 0233 (S.D.N.Y. Nov. 26, 2014), the U.S. District Court for the Southern District of...

The Energy Charter Treaty – What is it, who’s in and what are the...

The Energy Charter Treaty ("ECT") is a multi-national agreement that entered into force in 1998. It is designed to establish an international framework for...

USA: Arbitrator’s failure to disclose litigation finance venture does not warrant disqualification

In re Sussex, No. 14-70158 (9th Cir. Jan. 27, 2015), a recent case in the Ninth Circuit Court of Appeals, overturned a district court order that...