Procedures in arbitration

New Arbitration Law in Qatar

Introduction The Emir of Qatar, Sheikh Tamim bin Hamad al Thani, issued Law No 2 of 2017 on 16 February 2017 (the "New Arbitration Law"). The New Arbitration Law has not yet been published in the Official Gazette and implementing … Continue reading

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Filed under Arbitration laws, Arbitration rules, Middle East, Procedures in arbitration, UNCITRAL Model Law

The Race Towards Predictability: Does It Threaten The Effectiveness Of Modern Arbitration?

Mathias Wittinghofer, a partner in the Frankfurt office of Herbert Smith Freehills has published an article on predictability in international arbitration, arguing that it is not inherently a good thing. The article argues that flexibility and party autonomy are of greater … Continue reading

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Filed under Arbitration proceedings, Arbitration rules, Procedures in arbitration

ACICA announces panel of tribunal secretaries, publishes guideline on the use of tribunal secretaries

On 1 January 2017, the Australian Centre for International Commercial Arbitration (ACICA) announced the launch of a panel of tribunal secretaries which will serve as a resource for tribunals and parties undertaking arbitration in Australia and the region. ACICA also published … Continue reading

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Filed under Arbitration proceedings, Australia, Confidentiality, Independence, Procedures in arbitration, Publications and Guides, Uncategorized

THE NEW DIFC-LCIA ARBITRATION RULES 2016

The DIFC-LCIA Arbitration Centre has issued its new rules which will apply to all arbitrations commencing on or after 1 October 2016. The key changes are discussed below.

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Filed under Arbitration rules, DIFC, Emergency Arbitration, Middle East, News, Procedures in arbitration

English High Court has no power to grant urgent relief under Arbitration Act where urgent relief could be granted by expedited tribunal or emergency arbitrator under LCIA Rules

In the recent case of Gerald Metals SA v Timis [2016] EWHC 2327 (Ch), the English High Court considered its power to grant urgent relief under s 44(3) of the Arbitration Act 1996 ("Act") in circumstances where timely and effective … Continue reading

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Filed under Arbitration Act 1996, Arbitration rules, Emergency Arbitration, Europe, Expedited Arbitration, Interim relief, Procedures in arbitration

Arbitral tribunal’s refusal to strike out a claim could not be challenged under s68 or s69 of the Arbitration Act 1996

In a recent decision, the Mercantile Court dismissed two appeals under s68 (procedural irregularity) and s69 (error of law) of the Arbitration Act 1996 (the "Act") which sought to challenge an arbitral tribunal's refusal to strike out a claim. The … Continue reading

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Filed under Arbitration Act 1996, Challenges to awards, Europe, Procedures in arbitration, Uncategorized

Singapore arbitration update: Third Party Funding and New SIAC Rules 2016

This week has seen two major developments in Singapore arbitration. First, Singapore's Ministry of Law has published draft legislation to legalise and regulate third party funding for arbitration (and arbitration-related litigation and mediation) in Singapore. Second, the Singapore International Arbitration … Continue reading

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Filed under Arbitration rules, Asia, Institutions, Procedures in arbitration, South East Asia, Summary procedures, Uncategorized

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