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 would now appear that this threat is real, as arbitrators are in increasing number withdrawing from … Read more

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 should be set aside on the grounds that the arbitrators had entered into a separate … Read more

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 in various ways, including in relation to appointing or challenging arbitrators. He also considers the … Read more

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 on the circumstances in which an arbitrator should opt to disclose possible conflicts of interest. … Read more

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 by Antonias Dimolitsa (Vice Chair, ICC Institute of World Business Law) and Professor Julian D.M. … Read more

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 Court) has again emphasized the principle that the independence and neutrality of arbitrators is of … Read more