After a successful event in 2022, Durham University Law School will be hosting a summer course on international arbitration between 10-15 July 2023.
Tag: arbitrators
HSF’S INTERNATIONAL ARBITRATION PRACTICE CO-HOSTS INTERNATIONAL ARBITRATION DAY AT LIDW 2023
On 15 May 2023, Herbert Smith Freehills co-hosted London International Disputes Week’s inaugural International Arbitration Day, welcoming over 350 external guests to our London office. International Arbitration Day was a flagship arbitration event, showcasing the importance of London as a global arbitration centre. Herbert Smith Freehills was chosen as one of three LIDW member firms (alongside Allen & Overy and Mayer Brown) to host panel events throughout the day.
Register to attend London International Disputes Week 2023: International Arbitration Day (15 May 2023)
This year’s London International Disputes Week (LIDW)’s International Arbitration Day will ‘follow the arbitration sun’ across key regions and jurisdictions, featuring keynote speeches and panels from some of the leading global figures from across the dispute resolution community. Herbert Smith Freehills are delighted to be a co-host of LIDW’s inaugural International Arbitration Day, hosting a number of panels and networking events at our offices. This event is free to attend and offers both in person and virtual attendance for some sessions. Click here to find out more about all of the events on offer at LIDW’s International Arbitration Day or here for more information about the full programme for LIDW.
Our speakers from Herbert Smith Freehills across the day include:
New SCC Rules 2023- what has changed?
On 1 January 2023 the revised version of the Arbitration Institute of the Stockholm Chamber of Commerce (now called the SCC Arbitration Institute) Arbitration Rules entered into force on 1 January 2023 (the Revised Rules). The Revised Rules apply to arbitrations commenced on or after that date.
The changes to the Revised Rules mainly provide more detail on practical issues arising over the course of an arbitration and shift the scope of or responsibility for certain decisions for the SCC Board or the arbitral tribunal. For the majority of these changes, corresponding amendments have also been made to the SCC rules for Expedited Arbitrations. There have also been some changes made to the language in certain provisions to improve clarity and there has also been an increase in the SCC’s administrative fees. Continue reading
WESTERN AUSTRALIA SUPREME COURT REAFFIRMS ‘REAL DANGER OF BIAS’ TEST FOR CHALLENGES TO ARBITRATORS
The Supreme Court of Western Australia has confirmed that the appropriate test for determining whether there were any ‘justifiable doubts’ as to the independence or impartiality of an arbitrator, under the Commercial Arbitration Act 2012 (WA) (CAA)[1] is whether there is a ‘real danger of bias’. In making its decision, the Court largely applied and upheld Ball J’s decision in Hancock v Hancock Prospecting Pty Ltd [2022] NSWSC 724 (Hancock) (which we previously outlined here). This is a welcome decision that reaffirms a high threshold in challenging the appointment of an arbitrator in Australia, providing greater commercial certainty as to the operation of negotiated arbitration clauses.
TAKEAWAYS
- There is a continuing obligation on an arbitrator to disclose any circumstances that might give rise to ‘justifiable doubts’ as to their independence or impartiality;
- Any challenges to an arbitrator’s appointment should be made in light of these disclosures or any other current discernable facts (as opposed to an evaluation of matters that might arise in the future); and
- The test for determining whether there are justifiable doubts as to the independence or impartiality of an arbitrator is objective and imposes a high bar of proving, on a balance of probabilities, that there is a ‘real danger of bias’ on any challenger.
LONDON CHAMBER OF COMMERCE AND INDUSTRY (LCCI) LAUNCHES NEW DISPUTE RESOLUTION SERVICE LONDON CHAMBER OF ARBITRATION AND MEDIATION (LCAM)
The London Chamber of Commerce and Industry (LCCI) has expanded its dispute resolution services by launching the London Chamber of Arbitration and Mediation (LCAM) on 26 May 2020.
The LCAM offers parties two different arbitration procedures, with arbitrations administered by the LCAM secretariat under the main LCAM Arbitration Rules. There are also Expedited Arbitration Rules, for parties opting for faster resolution of their dispute. The LCAM currently has a 17 member arbitrator panel and a 13 member mediator panel, notably comprising 11 female arbitrators and 7 female mediators respectively.