PUBLICATION OF NEW IBA RULES 2020 – KEY UPDATES

On 17 December 2020, the International Bar Association (IBA) adopted new rules on the Taking of Evidence in International Arbitration (Rules). The new Rules were published on 17 February 2021 and will apply to all arbitrations in which the parties agree to apply the IBA Rules after 17 December 2020. The new rules and commentary … Read more

International arbitration in the South Pacific: a view from Australia

By Brenda Horrigan, Chad Catterwell and Guillermo Garcia-Perrote. International arbitration is gaining ground across the South Pacific region. There are a wide range of benefits brought about by implementing an effective framework for international arbitration across the region, most prominently increased foreign investment opportunities and the economic advantages that brings. Presently, eight countries from the … Read more

COURT OF APPEAL FINDS CONFLICT OF INTEREST WHERE EXPERT ORGANISATION WAS ACTING FOR AND AGAINST SAME CLIENT ON TWO SEPARATE BUT CONCURRENT RELATED ARBITRATIONS

In a recent post on our Construction Notes blog, James Doe and Noe Minamikata consider the decision of the English Court of Appeal in Secretariat Consulting PTE Ltd, Secretariat International UK Ltd and Secretariat Advisors LLC v A Company [2021] EWCA Civ 6, in which the Court dismissed an appeal against an order of the … Read more

THE EU AND CANADA ADOPT PROCEDURAL RULES FOR THE CETA INVESTMENT COURT SYSTEM

On 29 January 2021, the European Union (“EU”) and Canada adopted four decisions, which put in place specific rules elaborating the Investment Court System agreed in the EU-Canada Comprehensive Economic and Trade Agreement (“CETA”). The four decisions set out detailed rules and procedures regarding the structure of the Appellate Tribunal and the conduct of appeals, … Read more

ICC Russia and ICC United Kingdom: Leading Arbitration Cases 2020: Different Perspectives

Paula Hodges QC, Global Head of International Arbitration, will be joining an online discussion on “Leading Arbitration Cases 2020: Different Perspectives” on 17 February 2021 (11.00 – 14.15GMT). Hosted by ICC Russia and ICC United Kingdom, the event offers the opportunity to gain practical insights from experts on topics including: Arbitrator Disclosures approaches in Russia … Read more

FRENCH SUPREME COURT CLARIFIES THE SCOPE OF THE WAIVER RULE CONTAINED IN ARTICLE 1466 CCP, PAVING THE WAY FOR PARTIES TO PRESENT NEW ARGUMENTS AND EVIDENCE WHEN CHALLENGING A TRIBUNAL’S JURISDICTION BEFORE THE ANNULMENT JUDGE

On 2 December 2020, the French Cour de Cassation (Cass Civ. 1, No. 19-15.396) overturned a decision by the Paris Court of Appeal that had dismissed an application to set aside an arbitral award on the basis that the applicant has waived its right to raise, when contesting the arbitral tribunal’s jurisdiction before the French … Read more