AD HOC ARBITRATION ALIVE AND WELL IN LONDON: THE LATEST STATISTICS

Leading arbitral institutions regularly publish their case statistics, meaning there is reasonable visibility for the popularity of institutional arbitration. However, it is more difficult to reliably gauge ad hoc international arbitration trends across all sectors and jurisdictions. It is certainly clear from the new figures recently released by the London Maritime Arbitrators Association (“LMAA”) that … Read more

PRELIMINARY DISCOVERY IN INTERNATIONAL ARBITRATION: AN AUSTRALIAN PERSPECTIVE

The availability and scope of ‘discovery’ or document production significantly differs across jurisdictions, most notably when comparing litigation in common law and civil law courts. In the field of international arbitration, the compromise position adopted by the International Bar Association’s Rules on the Taking of Evidence in International Arbitration is to permit disclosure of documents … Read more

AUSTRALIAN ARBITRATION CENTRE RELEASES GUIDANCE ON MANAGING DISPUTES DURING COVID-19

The Australian Centre for International Commercial Arbitration (ACICA) has released an information sheet for managing the impact of COVID-19 on disputes (including disputes presently before the courts which are being impacted by COVID-19). The guide, found here, covers the advantages of using arbitration to resolve disputes during the COVID-19 pandemic and includes useful links to … Read more

ICSID RELEASES 2019 CASE STATISTICS

The International Centre for Settlement of Investment Disputes (“ICSID”) has released case statistics for 2019 and updated their records for cases since 1972 (available here). ICSID has historically administered the majority of investor-state claims and these statistics remain an important bellwether for trends in such disputes. The 2019 statistics show that a lower number of … Read more

ARBITRATION OF CLIMATE CHANGE DISPUTES

On 28 November 2019, the International Chamber of Commerce Task Force on Arbitration of Climate Change Related Disputes released their Report on Resolving Climate Change Related Disputes through Arbitration and ADR  (“ICC Report“). The 66-page ICC Report explores existing and anticipated climate change-related  disputes and the benefits of using arbitration to resolve these. Over the … Read more

NEW STOCKHOLM CHAMBER OF COMMERCE ARBITRATOR’S GUIDELINES AND SCC PLATFORM

In October 2019, the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) issued revised arbitrator’s guidelines (the “Guidelines”). The Guidelines cover questions frequently raised by arbitrators on case management, costs, timelines, appointment and use of administrative secretaries, VAT issues, and the contents and structure of final awards. In addition, the Guidelines provide explanations as … Read more

New BAC Rules to enter into force on 1 September 2019

The Beijing Arbitration Commission (BAC) has updated its arbitration rules and fee schedule. The new versions will replace the current (2015) version, with effect from 1 September 2019. Among a number of notable amendments, BAC’s revised fee structure marks a significant step towards aligning Chinese arbitral practice with international standards. The new fee schedule: distinguishes … Read more

THE APPLICABILITY OF MALAYSIA’S FEDERAL COURT RULING ON THE AUTHORITY OF SHARIAH ADVISORY COUNCIL IN CIVIL DISPUTES TO ARBITRATIONS ON ISLAMIC FINANCE AND CAPITAL MARKETS

The Central Bank of Malaysia Act 2009 (“Act“) designated Malaysia’s Shariah Advisory Committee on Islamic finance (“SAC“) as the authority for ascertaining Islamic law for the purposes of Islamic financial business. According to Section 2 of the Act, “Islamic financial business” encompasses “any financial business in ringgit or other currency which is subject to the … Read more