The Japan Commercial Arbitration Association (JCAA) has issued an announcement that it is (i) amending its two current sets of arbitration rules and (ii) introducing a revolutionary set of rules designed to provide efficient and cheap civil-law style arbitration.
In its introduction to an initial call for public comments on the drafts, the JCAA made the frank admission that it: “has yet to play a significant role in the resolution of international disputes.” The clear motivation for these new rules is to change this by offering a unique arbitration model that is attractive to a wide range of businesses. Accordingly, the new sets of rules (the key features of which are explored below) seem to create a three tiered-system:
The new sets of rules will come into force on 1 January 2019.
The HKIAC’s Administered Arbitration Rules 2018 enter into force today, 1 November 2018. See our earlier blog post for details of the updates and innovations.
If you have questions or would like to know more about arbitrating under the updated Rules, please contact Kathryn Sanger, Briana Young or your usual Herbert Smith Freehills contact.
New HKIAC Rules enter into force on 1 November 2018
On 1 June 2017, the Kuala Lumpur Regional Centre for Arbitration (the "KLRCA") published its updated arbitration rules (the "KLRCA Rules 2017"). The KLRCA has seen a steep increase in cases over recent years reflecting Malaysia's growing importance as a regional dispute resolution hub. From 1978 to 2010, the KLRCA recorded only 22 cases but by 2016 this had risen to 618. The amount in dispute for international cases alone totalled over USD 295 million, the majority of which related to disputes from the construction and related sectors.
The KLRCA Rules 2017 apply, unless otherwise agreed by the parties, to all KLRCA arbitrations commenced after 1 June 2017. The KLRCA Rules 2017 replace the previous version of the rules which were last revised in 2013.
The changes implemented in the KLRCA Rules 2017 are designed to optimize the costs and efficiency of KLRCA proceedings and to improve the quality of arbitral awards. The changes are also designed to reflect international best practice in the case of multi-party disputes and introduce or bolster provisions for joinder of third parties and consolidation of proceedings. A summary of the key changes is set out below.
In an anonymised judgment dated 11 June 2014, Mr Justice Andrew Smith considered whether the terms of section 70(2) and/or section 73(2) of the Arbitration Act 1996 (the Act) precluded the Claimants (referred to as A) from bringing a challenge to an arbitral award (the Award) under sections 67 and 68 of the Act.
The judgment provides a helpful clarification in respect of what a party seeking to challenge an award under the Act must have done to satisfy the requirement in section 70(2)(a) to have first exhausted any available arbitral process of appeal or review in a two-tier arbitration.