Revised ICC note to parties and tribunals: will publication of awards become the new normal?

This post was originally published on the Kluwer Arbitration Blog, 7 March 2019.

ICC’s updated guidance to parties

On 20 December 2018 the International Court of Arbitration of the International Chamber of Commerce (ICC) published an updated Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (Note). The Note, which came into effect from 1 January 2019, introduces a number of significant updates to the ICC’s practical guidance on its Rules of Arbitration.)

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WANT TO KNOW MORE ABOUT THE ASIAN INFRASTRUCTURE INVESTMENT BANK?

AIIB and HKIAC are presenting a joint seminar on the AIIB’s status, policies and projects on 21 February. The seminar, which is supported by Hong Kong’s Department of Justice and the ICC, features:

  • an interview with AIIB’s General Counsel, Gerard Sanders
  • a presentation from AIIB’s head of corporate Law, Peter Quayle, on the international legal status of AIIB and dispute resolution
  • a roundtable discussion on what makes a “shovel-ready” AIIB project involving AIIB’s senior legal consultant, Jennifer Handz

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Inside Arbitration: Issue #7 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration.

In addition to sharing knowledge and insight about the markets and industries in which our clients operate, the publication offers personal perspectives of our international arbitration partners from across the globe.

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Evolving Asia, New Frontiers in Dispute Resolution: CIArb (Malaysia Branch) International Arbitration Conference 2018 Keynote Address

At the Chartered Institute of Arbitrators (Malaysia Branch) International Arbitration Conference 2018, Peter Godwin, the Managing Partner of Herbert Smith Freehills’ Kuala Lumpur office gave a keynote address. The topic of the address was “Evolving Asia, New Frontiers in Dispute Resolution”.

The text of Peter’s keynote is set out below.

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ICC STRIVES FOR GREATER TRANSPARENCY AND EFFICIENCY IN UPDATED PRACTICE NOTE TO PARTIES AND ARBITRAL TRIBUNALS ON THE CONDUCT OF ARBITRATION UNDER THE ICC RULES

On 20 December 2018, the International Court of Arbitration of the International Chamber of Commerce (ICC) published updated guidance on the conduct of arbitration under its arbitration rules. The Note to Parties and Arbitral Tribunals on the Conduct of Arbitration under the ICC Rules of Arbitration (Note) entered into force on 1 January 2019, and represents a continuation of the ICC’s efforts to increase transparency and efficiency, and widen its range of services to users.  We consider six of the most significant updates to the Note below.

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ICC modifies standard arbitration clause to make explicit reference to the ICC International Court of Arbitration

As discussed in our recent blog post, the Moscow Arbitrazh Court and appeal courts recently found that a reference to the arbitration rules of an arbitral institution was not sufficiently clear evidence that the parties had agreed on that specific institution to administer the resolution of their disputes. The case related to the ICC standard arbitration clause and the ICC has applied to the Russian Supreme Court for clarity on its approach.

However, in the meantime, the ICC has issued an additional modified standard arbitration clause “to take account of the requirements of national laws and any other special requirements that the parties may have“. The ICC then proceeds to state that it is “prudent” for parties wishing to have an ICC Arbitration in Mainland China or in Russia “to include in their arbitration clause an explicit reference to the ICC International Court of Arbitration“.

The modified clause proposed by the ICC is as follows:

“All disputes arising out of or in connection with the present contract shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.”

For further information, please contact Alexei Panich, partner, Nick Peacock, partner, Alexander Khretinin, senior associate, or your usual Herbert Smith Freehills contact.

Alexei Panich
Alexei Panich
Partner
+7 49 5363 6515
Nicholas Peacock
Nicholas Peacock
Partner
+44 20 7466 2803
Alexander Khretinin
Alexander Khretinin
Senior Associate
+7 49 5783 6777

English High Court refuses to set aside order for enforcement under s103 in long-running dispute regarding ICC award

The English High Court has refused an application under s.103 of the Arbitration Act 1996 (“AA 1996“) to set-aside an order allowing for the enforcement of an ICC award in England. The decision is the culmination of a long-running dispute in which the award debtor has sought to set-aside the award and prevent enforcement in France, the Seychelles and England. The judgement is the latest illustration of the pro-enforcement approach of the English courts with respect to international arbitral awards, particularly where an award debtor has made efforts in multiple jurisdictions to prevent enforcement against it. While the outcome is not surprising, the level of attention given to the grounds raised by the award debtor, even in the face of issue estoppel, demonstrates the importance placed by the English Court on its New York Convention obligations.

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2017 ICC Dispute Resolution Statistics show steady growth

The ICC has recently published its preliminary 2017 statistics, showing a slightly lower case load than the record-breaking 2016, but still indicating a steady long term growth. A total of 810 new cases were filed in 2017, involving 2316 parties from a record 142 countries. These newly-registered cases represented an aggregate value in dispute of over US$30.85 billion, with an average amount in dispute of US$45 million. Overall, these numbers demonstrate ICC’s global reach and leading position for complex, high-value disputes.

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Event: Investing in Latin America: How best to protect your investments, Thursday 8 March 2018

Herbert Smith Freehills and the ICC warmly invite you to attend ‘Investing in Latin America: How best to protect your investments?

DateThursday 8 March 2018
Time18:00: Registration
18:30: Panel discussion followed by drinks and networking
VenueExchange House, Primrose Street, London, EC2A 2EG
Please click here to view map
Price£120 non-members/ £85 members
Registration Click here to register with the ICC directly. Registration cannot be made through Herbert Smith Freehills.
Please note there are a limited number of spaces.

 

In a post-Brexit world, Latin America is likely to present British investors with significant new opportunities for growth and expansion. Drawing on the extensive experience of leading UK based practitioners and arbitrators, this seminar will analyse recent trends and examine how parties can best protect their investments in the region.

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ICC and KLRCA sign MoU to promote dispute resolution in Asia

On 1 November 2017, the Kuala Lumpur Regional Centre for Arbitration (KLRCA) and the International Court of Arbitration of the International Chamber of Commerce (ICC) signed a Memorandum of Understanding (MoU), agreeing to work together to promote dispute resolution in Asia.

The signing of the MoU will further enhance the relationship between the two institutions, on top of their previous collaborations such as the ICC-KLRCA International Arbitration Conference in 2016 and the 1st ICC-KLRCA Vis Pre Moot earlier this year. More collaboration on training and other joint programmes is anticipated as part of the two institutions’ efforts under the MoU to increase the profile of arbitration in the region and to promote and develop Malaysia as an arbitration-friendly seat for arbitration in Asia. The MOU also provides for KLRCA will to provide hearing space to ICC and its users.

There has been a steep increase in cases over recent years in Malaysia administered by the KLRCA. Additionally, the ICC recently announced the establishment of its case management office in Singapore. This MoU can is evidence of the two institutions’ plans to further expand their presence in the Asia region.

In another interesting development, KLRCA will be renamed the “Asian International Arbitration Centre” in 2018, to coincide with its 40th anniversary and as part of the KLRCA’s initiative to be the leading arbitration hub in Asia.

If you have questions or would like further information, please contact Peter Godwin (Managing Partner) of Herbert Smith Freehills’ Kuala Lumpur office or your usual Herbert Smith Freehills contact.

Peter Godwin
Peter Godwin
Managing Partner - Kuala Lumpur
+60 327775104