Arbitrators

Getma v Guinea: The saga continued

This post follows the post originally published on 19 January 2016 (here). In November 2015, the Cour Commune de Justice et d'Arbitrage (CCJA) ruled that an award in an arbitration between French company Getma International ("Getma") and the Guinean State … Continue reading

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Filed under Arbitration proceedings, Arbitrators, Awards, Enforcement

Video Post in Observations on Arbitration series: Arbitration and the State Courts

In this short video in our Observations on Arbitration series, Mathias Wittinghofer, Partner in our International Arbitration practice, considers the role of the state courts at different stages of an arbitration. Mathias discusses how the courts can support the arbitral process … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Arbitrators, Court intervention, Video

English Court identifies “weaknesses” in the 2014 IBA Guidelines on Conflicts of Interest when considering challenge of an Award for apparent bias

In the case of W Limited v M SDN BHD [2016] EWHC 422 (Comm) the Claimant, W Limited, sought to challenge two awards in the English Court for serious irregularity under s68(2) of the Arbitration Act 1996. The challenge was … Continue reading

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Filed under Arbitration Act 1996, Arbitration proceedings, Arbitrators, Challenges to awards, Europe

ICC Issues Guidance on Conflict Disclosure by Arbitrators

The Court of Arbitration of the International Chamber of Commerce (ICC) has issued guidance as part of its updated "Note to parties and arbitral tribunals on the conduct of the arbitration under the ICC Rules of Arbitration" to provide clarification … Continue reading

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Filed under Arbitration proceedings, Arbitrators

Event: 31st Annual ICC and QMUL SIA Joint Symposium: “Powers and Duties of Arbitrators: Rules, Law, Practice and Ethics, Emergency Arbitration and Dealing with Sanctions”

Herbert Smith Freehills is pleased to be hosting the 31st Annual ICC and School of International Arbitration Joint Symposium on "Powers and Duties of Arbitrators: Rules, Law, Practice and Ethics, Emergency Arbitration and Dealing with Sanctions".  The Symposium is co-chaired … Continue reading

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Filed under Arbitrators, Emergency Arbitration, Events, Sanctions

French Cour de Cassation emphasizes principle of independence of arbitrators – Alvarez decision on conflict of interest upheld

In a recent decision (Cour de Cassation, Civ. 1, 16 December 2015, N°D14-26.279), confirming the decision of the Paris Court of Appeal (Cour d'appel de Paris, pôle 1, chambre 1, n°13/13459, 14 October 2014), the French Cour de Cassation (Supreme … Continue reading

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Filed under Arbitrators, Europe, Independence

Dubai Court of Cassation dismisses claim for damages made against arbitral tribunal

Dubai’s Court of Cassation dismisses Meydan Group’s claim against Doug Jones, Humphrey Lloyd QC and Stephen Furst QC who were acting as arbitrators in a dispute between Meydan Group and WCT Holding. The United Arab Emirates (UAE), and Dubai in … Continue reading

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Filed under Arbitrators, Damages, Middle East

Federal Court of Australia preserves the efficiency and integrity of the arbitration process

A recent decision by the Federal Court of Australia has highlighted the diligence of Courts to ensure non-interference with the arbitral process. The Court in Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2015] FCA 1028 refused to … Continue reading

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Filed under Arbitrators, Australia, Institutions

The Proliferation of “Soft Laws” in International Arbitration: Time to Draw the Line?

Paula Hodges QC, Partner and Head of the Global Arbitration Practice at Herbert Smith Freehills has published an article on the impact of the proliferation of rules, guidelines, codes and protocols relating to international arbitration in recent years. The article … Continue reading

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Filed under Arbitration rules, Arbitrators

Paris Court of Appeal orders the retraction of an award made where one arbitrator lacked independence: the ongoing Tapie saga

In a remarkable judgment of 17 February 2015, rendered further to a rarely-seen application for revision of an arbitral award (which in this case lead to the retraction of the award), the Paris Court of Appeal overturned an arbitral award … Continue reading

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Filed under Arbitration laws, Arbitrators, Awards, Europe, Independence