Finance

Summary and expedited procedures in arbitration: good news for the financial services sector?

In this article, Nicholas Peacock, Dominic Kennelly and Anees Naim consider three recent developments which suggest that summary and expedited procedures are becoming more available in arbitrations. Will this make arbitration increasingly suitable for banks and financial institutions? This article … Continue reading

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Filed under Arbitration proceedings, Banking and Finance, Expedited Arbitration, Finance, Procedures in arbitration, Summary procedures

The future of financial services arbitration

Recent years have seen rapid growth in the use of arbitration as a means of resolving disputes in the financial services sector, an area where English or New York court jurisdiction has traditionally been favoured by market participants.  This trend … Continue reading

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Filed under Arbitration clauses, Finance

Equator Principles III released

The Equator Principles Association (EPA) has released the third version of the Equator Principles (EPs) for managing environmental and social risks in financing projects. They are largely the same as the draft EPs released for public consultation in August 2012 … Continue reading

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Filed under Finance, International Human Rights, Public International Law

ISDA’s Financial Law Reform Committee meets in Singapore to discuss model arbitration clauses

Following the release by the International Swaps and Derivatives Association (“ISDA“) of various draft model arbitration clauses for use with the 1992 and 2002 versions of the ISDA Master Agreement together with an introductory note on arbitration (see link to … Continue reading

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Filed under Arbitration clauses, Enforcement, Finance, New York Convention

ISDA issues model arbitration clauses for use with Master Agreements

The International Swaps and Derivatives Association (“ISDA“) has released a number of model arbitration clauses for use with the ISDA 2002 Master Agreement and ISDA 1992 Master Agreement (Multicurrency – Cross Border), which are the market leading standard form agreements … Continue reading

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Filed under Arbitration clauses, Finance

PRIME Finance issues model arbitration clauses for use with ISDA Master Agreements

The Panel of Recognised International Market Experts in Finance (“PRIME Finance“) recently issued a number of model arbitration clauses for use with the International Swaps and Derivatives Association (“ISDA“) Master Agreements, the market leading standard form agreements for documenting derivatives … Continue reading

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Filed under Arbitration clauses, Finance

Unilateral jurisdiction clauses may not always be effective

It is not uncommon, particularly in a finance context, for an agreement to give a wider choice to some parties than others to decide where disputes will be resolved. For example, an agreement may provide that the courts of a … Continue reading

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Filed under Enforcement - Europe, Finance

Consultation underway on the use of arbitration under the ISDA Master Agreements

The International Swaps and Derivatives Association (“ISDA“) is undertaking a consultation on the use of arbitration under the ISDA Master Agreements, the market leading standard form agreements for documenting swaps and other derivative transactions. As ISDA’s consultation documents point out, … Continue reading

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Filed under Arbitration clauses, Enforcement, Finance, New York Convention

PRIME Finance: a new dispute resolution option for the financial sector

A new financial dispute resolution body, the Panel of Recognised International Market Experts in Finance (“PRIME Finance“), had its official launch in The Hague last month. Its aim is to provide a bespoke forum for the resolution of complex financial … Continue reading

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Filed under Enforcement - Europe, Finance, New York Convention

UK – Court grants stay of proceedings where arbitration option exercised in related finance contract

In Deutsche Bank v Tongkah Harbour, the UK Commercial Court was asked to consider a suite of contracts dealing with the financing of a gold exploration and mining business. The two key contracts (a facility agreement and an export contract) … Continue reading

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Filed under Arbitration clauses, Enforcement - Europe, Finance