Arbitrators

New dispute resolution rules for foreign investors in South Africa

South Africa’s draft regulations for investor-state mediation require refinement to work effectively with international arbitration. Interested parties have until 28 February 2017 to comment on draft Regulations on Mediation Rules (Regulations) published by South Africa’s Department of Trade and Industry … Continue reading

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Filed under ADR, Africa, Arbitrators

Appointment of arbitrators: English Court grapples conflicting case law and clarifies relevant principles when asked to assist with appointments

In its decision in Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm) the English Court has considered and clarified the principles which apply to an application under section 18 of the English Arbitration … Continue reading

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Filed under Arbitrability, Arbitration Act 1996, Arbitration clauses, Arbitration proceedings, Arbitrators, Court intervention, EU, Europe, Jurisdiction

Arbitration in Dubai: two steps forward, one step back

Introduction Dubai promotes itself as an arbitration-friendly jurisdiction, in line with its objective of attracting international business. A recent, much-publicised change to the UAE Federal Penal Code which introduces potential criminal sanctions for arbitrators, threatened to undermine this reputation. It … Continue reading

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Filed under Arbitration laws, Arbitrators, Middle East

Video Post in “Observations on Arbitration” series: what to expect from the first procedural conference

In this short video, partner Chris Parker considers what to expect at the first procedural conference in an arbitration.  Chris outlines the matters which may be discussed and decided, and how the tribunal may approach these issues as well as … Continue reading

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Filed under Arbitration proceedings, Arbitrators, Video

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