ARBinBRIEF’s Post

🌐 Ready to dive into #FrontLoadedArbitration? There’s still time to register for Season 4's Episode 3, where Deniz Özyıldız Gedik, Alexandra Johnson (Pestalozzi Attorneys at Law) and Naomi Briercliffe (Squire Patton Boggs) will lead an insightful discussion on front-loaded arbitration! Join us to learn more about: 🔸 Key situations where front-loaded procedures apply 🔸 Techniques for integrating front-loaded processes into Procedural Orders 🔸 Balancing front-loaded procedures with a party’s right to be heard 🔸 Situations warranting departures from standard front-loading 🎙️ The session includes a 15-minute recorded conversation followed by a 15-minute interactive Q&A, offering a unique chance to ask questions in real-time. 📅 Date: 6 November 2024, 6pm Singapore / 3:30pm India 💻 Location: Online 🔗 Register: https://lnkd.in/dGxck6Dc 💼 Shoutout to the ARBinBRIEF team for what’s been an amazing Season 4 so far!

🌍 What did I learn at the Mina Vis Moot Launch in Dubai? Today, I had the privilege of attending the Mina Vis Moot Launch, an inspiring event hosted by the Dubai International Arbitration Centre (DIAC) in collaboration with the U.S. Department of Commerce Commercial Law Development Program . This marks the 32nd Willem C. Vis International Commercial Arbitration Moot , and it was truly an enlightening experience! Who were the key speakers? The event featured two remarkable speakers: Erin Miller Rankin, Vice President of the DIAC Arbitration Court, who shared invaluable insights into the evolving landscape of arbitration in the region. Prof. Dr. Mohamed Abdel Wahab C.Arb, FCIArb, whose expertise in international arbitration provided a deeper understanding of best practices and the future of dispute resolution. What were the highlights? Emerging Trends: How is the UAE positioning itself as a hub for international arbitration? Practical Advice: What key strategies should law students and young professionals adopt to succeed in this competitive field? Why does this matter? With the global business environment continuously evolving, understanding the nuances of arbitration is essential for legal professionals. I’d love to hear your thoughts! What aspect of arbitration do you find most intriguing? How can we better prepare the next generation of legal professionals for this field? Let’s discuss in the comments! #MinaVisMoot #Arbitration #DIAC #LegalProfession #InternationalLaw

#ADRWORKS, African countries acknowledge the importance of ADR, but what approach should they take to promote the integrity of ADR practice? what standards/ethical guidelines should ADR practitioners adhere to? join me to consider if you, as an ADR practitioner, should or should not disclose circumstances that cast justifiable doubt over your impartiality &independence. Have you interracted with the IBA guidelines ? how do you apply the test? Looking forward to hearing your views on 21st. Chartered Institute of Arbitrators Kenya Branch Women In Arbitration Initiative Women In ADR

Learn from highly experienced and distinguished tutors with Ciarb’s Global Diploma in International Commercial Arbitration.  Evaristo Treviño Berlanga says, “This course is an extraordinary opportunity to learn the latest trends in international arbitration, to hear from the top specialists in the field, and most importantly, meet highly talented individuals from all over the world who become colleagues and friends.”    There are only a few days left to register your interest in this prestigious Diploma. Don’t miss out!    📌 Starts: 6 September 2024    📍 Worcester College, Oxford    🔗 Register by 28 June 2024: https://lnkd.in/e3X2Wx9b     #Ciarb #arbitration #law #legal #legalprofession #training 

Join the American Arbitration Association and International Centre for Dispute Resolution® (ICDR) for “Innovations in Mediation: Debating the Future of Dispute Resolution”, engaging transformative concepts proposed in the AAA-ICDR’s draft Mediation Guidelines. This dynamic debate will feature four thought-provoking motions: • This House believes that Early Assessment Mediation (EDR), involving proactive assessment discussions at the early stages of mediation, is a game-changer in dispute resolution. • This House believes that Hybrid Mediation/Arbitration (Mixed Mode) compromises the integrity of mediation and arbitration. • This House believes that it is imperative to fully embrace technology in mediation to achieve the successful resolution of disputes. • This House believes that incorporating Early Neutral Evaluation (ENE) will result in more effective mediation. This event features an impressive faculty comprising Tat Lim (Aequitas Law LLP and Maxwell Mediators Singapore), Shanti Abraham, Julian Lim (Ashurst), Hanna Azkiya, FCIArb (King & Spalding), Clare Fowler (odr.com), our Vice President Thara Gopalan, and our Division Vice Presidents Steven K. Andersen and Svetlana Gitman.   This is a unique opportunity to influence the draft Mediation Guidelines, and define the future of mediation.   📅 Date: 30 August 2024 🕒 Time: 2:30pm – 4:30pm (SGT) 📍 Location: AAA-ICDR Asia Case Management Centre or Zoom Webinar   🔗 For more information and to register: https://lnkd.in/gUQbfuwN   We look forward to welcoming you to Singapore!   #SCW2024 #Arbitrate #Mediate

🚀 A new chapter in arbitration is here! We’re excited to introduce A for Arbitration, a platform dedicated to delivering fresh insights on domestic and international arbitration. Our inaugural edition covers expert interviews, institutional insights, and educational opportunities, all designed to keep you informed and engaged in the evolving world of dispute resolution. Check out this month's edition featuring a Q&A with Gauhar Mirza, insights from InADR, and a highlight on the UPPSALA - SAU Investment Arbitration Bootcamp. Stay ahead. Subscribe today! #DisputeResolution #LegalInnovation #AforArbitration #ArbitrationCommunity

Previously, the Dubai International Financial Centre Arbitration Institute ("DIFC") used to operate the Dubai International Financial Centre - London Court of International Arbitration Rules (the "DIFC-LCIA Rules"). But in 2021, the DIFC was abolished, and the DIFC-LCIA Rules ceased to be operative. In such a situation, what happens to an arbitration agreement where the parties agree to submit to arbitration based on the DIFC-LCIA Rules? Could it be said that the parties would have agreed to arbitration based on the Dubai International Arbitration Centre Rules 2022? The answer given by the High Court in DFL v DFM [2024] SGHC 71 is "No". The High Court noted that the parties rightly accepted that in such a situation, the agreement to arbitrate under the DIFC-LCIA Rules was frustrated. However, this meant that "it was a stretch to say that the parties intended, at the time they signed the Settlement Agreement, to accept arbitration administered by any institute in Dubai (whether then existing or not) regardless of the rules under which the arbitration would be conducted", especially when there were significant differences between the DIFC-LCIA Rules and the DCIA Rules (such as on timelines, emergency arbitrators, and arbitration costs). Yet despite this finding, on the facts of the case, the respondent was unsuccessful in challenging the enforcement of the particular award in question. This is because the High Court found that the respondent had submitted to the tribunal's jurisdiction in relation to the application leading to the award, as the respondent did not make the appropriate reservations of right to challenge the tribunal's jurisdiction. So, even when an arbitration was not conducted in accordance with the arbitration agreement, it does not mean that a party would be successful in challenging the arbitral award. The failure to make the appropriate reservations of rights in time may doom an otherwise valid challenge to enforcement of the arbitral award. If you are interested to find out more, please read our blog this week. #singaporelaw #legalupdates #arbitration #arbitrationlaw #settingaside

Join us for an exciting session! Answering questions in an arbitration based moot is absolutely crucial. I hope to leave you with a few tips and tricks that can help you along your mooting journey!

ARBITRATION. What is Arbitration? A procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. Why choose arbitration? • Flexibility • Preservation of relationships • Speed and efficiency; parties can agree on timelines and procedures • Arbitration is consensual; arbitration can only take place if both parties have agreed to it • Party autonomy/parties can select a sole arbitrator • Neutrality; An arbitrator is neutral to both parties, not biased. Principle of impartiality is exercised. • Arbitration is a confidential procedure; The World Intellectual Property Organization (WIPO) Arbitration Rules specifically protects the confidentiality of the existence of the arbitration, any disclosures made during that procedure, and the award. • Enforcement of awards; The parties agree to carry out the decision of the tribunal without delay. International awards are enforced by national courts under the New York convention, which permits them to be set aside only in very limited circumstances. Arbitration awards in Kenya are enforceable in the same manner as court judgements. Arbitration applies to; a) disputes arising out contracts, where a clause within a contract was provided b) Sports c) construction disputes d) Commercial disputes e) International transactions disputes f) Telecommunications LEGAL FRAMEWORK 1) The Constitution of Kenya 2010 2) Arbitration Act of 1995 3) WIPO Arbitration Rules 4) UNCITRAL Model Law

[AMS2024] WORKSHOP 01 “INTERIM MEASURES IN ARBITRATION AND IMPACTS OF THIRD PARTIES" Interim urgent measures in certain cases carry significant importance for disputing parties. Prior to a final award, the application of these measures can help mitigate the risk of irreparable harm, which reduces barriers to the arbitral proceedings, or even, ensure the possibility of enforcing awards. However, Vietnam's Law on Commercial Arbitration 2010 (“LCA”) reveals some limitations on provisions of applying interim urgent measures, particularly when involving third-party factor. With the aim of discussing issues relating to third parties in the application of interim measures in arbitration from the perspective of Vietnam and international experiences, the Vietnam International Arbitration Centre in collaboration with University of Law Ho Chi Minh City organized the Workshop "Interim measures in arbitration and impacts on third parties". The details are as followings: ⏰ Time: 08:00 AM – 11:30 AM, 22nd March 2024 (Friday) 🎥 Format: Hybrid event (Offline at HCMC University of Law and Online via Zoom) 📍 Offline venue: HCMC University of Law, No. 4 Nguyen Tat Thanh Street, Ward 13, District 3, HCMC 🔎 Agenda: Please view at https://lnkd.in/g5y3YmJE 📌📌📌 REGISTER NOW: https://lnkd.in/gJtMwRxz -------------------- The Workshop "Interim measures in arbitration and impacts on third parties" is the opening event of the series Arbitration - Mediation Symposium 2024 (AMS 2024) with the theme of “Third parties and influences on arbitral proceedings”. Detail information about AMS 2024 will be updated at https://lnkd.in/giVF3REA -------------------- VIETNAM INTERNATIONAL ARBITRATION CENTRE TRUNG TÂM TRỌNG TÀI QUỐC TẾ VIỆT NAM ▪ Website: https://www.viac.vn/ ▪ Facebook Broadcast channel: https://lnkd.in/gXiRUdRG ▪ Google Calendar: https://lnkd.in/g24DNdmj ▪ Youtube: https://lnkd.in/ghe5_km7 ▪ Linkedin: https://lnkd.in/gPM8gQzH ▪ Academia: https://lnkd.in/gTSaSMSq ▪ Zalo Group: https://lnkd.in/g3hEiADB