Wolters Kluwer: International Arbitration & Mediation’s Post

In his updated practical insights, Kabir Duggal, Ph.D. (Arnold & Porter) provides a thorough guide to expert evidence in international arbitration and the various considerations involved.   International arbitration, following civil and common law practices, recognises two main forms of evidence: documentary evidence and written or oral testimony. Expert witnesses who have specialised knowledge assist tribunals in understanding the technical aspects of disputes. Documentary evidence is considered reliable but may have gaps that require fact witnesses.   Legal frameworks vary, allowing parties to adopt rules or follow arbitration rules and soft law instruments. Kabir provides an overview of situations in which expert testimony may be sought, how and when experts are appointed and challenged, and what forms expert testimony may take.   💡 Practical Insights in #arbitration are available for subscribers. Not yet a subscriber? Request your free trial and find out more about Kabir’s analysis and other valuable insights and tools for your daily work: https://lnkd.in/eJmJGaek   🤝 Special thanks to the Practical Insights' General Editors, Dr. Fan Yang, Kiran Nasir Gore, Simon Greenberg, and Joshua Karton, for their contributions. #internationalarbitration #arbitration #disputeresolution #practicalguidance #legaltech

In her updated practical insights, Professor S.I. Strong (Emory University School of Law) provides a comprehensive overview of large-scale arbitration, including class, mass, and collective proceedings.   This detailed analysis explores the nuances between these types of arbitrations and their implications in different jurisdictions, with a particular focus on the US legal landscape. Professor Strong examines the evolution of large-scale arbitration, the significance of the type of contracts involved, the nature of consent required for such proceedings, and the contentious issues surrounding waivers of large-scale procedures. Last but not least, Professor Strong offers a thorough and up-to-date overview of the relevant case law and its application to challenging issues.   💡 Practical Insights in #arbitration are available for subscribers. Not yet a subscriber? Request your free trial and find out more about Professor S.I. Strong’s analysis and other valuable insights and tools for your daily work: https://lnkd.in/eJmJGaek   🤝 Thank you to the Practical Insights' General Editors, Dr. Fan Yang, Kiran Nasir Gore, Simon Greenberg, and Joshua Karton, for their contributions. #internationalarbitration #disputeresolution #legaltech #practicalguidance

🌟 Exciting News from Kluwer Arbitration! 🌟 Our Document Guides and Examples tool has undergone a major update and is now rebranded as the enhanced Templates and Examples tool. This essential resource continues to provide a comprehensive set of templates, examples and step-by-step guidance tailored to support you through the arbitration process. A big thank you to the authors of the enhanced tool: ⭐ Dr. Nathalie Potin, FCIArb ⭐ Dr. Katherine Simpson FCIArb 🔍 Whether you're drafting your first arbitration document or you're a professional looking to refine your approach, our tool is designed to be adaptable to your unique case requirements. With the ability to edit templates to suit the specifics of your case and illustrative examples drawn from actual cases, you'll have a wealth of knowledge at your fingertips. 📈 We're rolling out this enhanced tool with a focus on quality and comprehensiveness, starting with all the key ICC documents. Stay tuned as we expand our collection throughout the year to include a wider range of materials from other major arbitration institutions. 💪 Harness the power of expert guidance and ensure your arbitration documents are second to none! #internationalarbitration #arbitration #tool #legaltech #disputeresolution

In his updated practical insights, Piotr Wilinski provides a thorough analysis of res judicata in international arbitration and its application across jurisdictions – now with NEW comparative notes.   Rooted in Latin maxims, res judicata emphasises finality and prevents re-litigation. It has positive (conclusive) and negative (preclusive) effects on future litigation.   There are differences between civil law and common law jurisdictions, with common law having a broader scope. Piotr’s practical guidance examines considerations in international arbitration, including the res judicata effect of various decisions, the time and scope of its application, the applicable laws and its status as a matter of public policy. The New York Convention and post-award judgments are also discussed, highlighting potential challenges and consequences of a strict application of the triple identity criteria.   💡 Practical Insights in #arbitration are available for subscribers. Not yet a subscriber? Request your free trial and find out more about Piotr’s analysis and other valuable insights and tools for your daily work: https://lnkd.in/eJmJGaek   🤝 Special thanks to the Practical Insights' General Editors, Dr. Fan Yang, Kiran Nasir Gore, Simon Greenberg, and Joshua Karton, for their contributions. #internationalarbitration #disputeresolution #practicalguidance

In his updated practical insights, Gustavo Scheffer da Silveira provides a comprehensive guide to drafting Terms of Reference (ToR) in #internationalarbitration.   The ToR sets the stage for arbitration, defining the dispute and establishing procedural rules to increase efficiency and predictability. For parties, it clarifies claims and expectations; for arbitrators, it outlines their mandate, enhancing the likelihood of enforceable awards.   However, drafting ToR can delay proceedings, limit claim amendments, and may not suit disputes with evolving claims. The collaborative drafting process involves both parties and the tribunal, aiming to avoid delays and accommodate multi-party complexities.   Key considerations include aligning on ToR content, respecting institutional rules, and considering counsel’s experience. The ToR’s language should match the arbitration’s, with multilingual cases requiring a tailored approach.   💡 Practical Insights in #arbitration are available for subscribers. Not yet a subscriber? Request your free trial and find out more about Gustavo’s analysis and other valuable insights and tools for your daily work: https://lnkd.in/eJmJGaek   🤝 Thank you to the Practical Insights' General Editors, Dr. Fan Yang, Kiran Nasir Gore, Simon Greenberg, and Joshua Karton, for their contributions. #practicalguidance #legaltech #disputeresolution

🚀 We're thrilled to announce another enhancement of the #KluwerArbitration cases & awards database thanks to the collaboration with the Institute for Transnational Arbitration and ITA Board of Reporters! In one of the latest awards in CRCICA Case No. 1090/2016, the interplay between public administrative decisions and private contracts was examined. The tribunal faced a complex scenario where a party sought to nullify the influence of administrative decisions on a private agreement, arguing it touched upon public policy. The tribunal navigated the murky waters of administrative law's res judicata effect, ultimately delivering a nuanced ruling that honed in on the applicability of these decisions to the contract, shaping the outcome of the parties' claims without directly challenging the administrative acts' validity. 🎯 For a deeper dive into this award and others, enhance your legal strategy with insights from Kluwer Arbitration and the ITA Arbitration Report. 🔗 ITA Arbitration Report is a free email subscription service delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. Learn more at https://lnkd.in/e996MYAG #arbitration #internationalarbitration #internationallaw #disputeresolution #commercialarbitration

🌟 Exciting News from Kluwer Arbitration! 🌟 Our Document Guides and Examples tool has undergone a major update and is now rebranded as the enhanced Templates and Examples tool. This essential resource continues to provide a comprehensive set of templates, examples and step-by-step guidance tailored to support you through the arbitration process. A big thank you to the authors of the enhanced tool: ⭐ Dr. Nathalie Potin, FCIArb ⭐ Dr. Katherine Simpson FCIArb 🔍 Whether you're drafting your first arbitration document or you're a professional looking to refine your approach, our tool is designed to be adaptable to your unique case requirements. With the ability to edit templates to suit the specifics of your case and illustrative examples drawn from actual cases, you'll have a wealth of knowledge at your fingertips. 📈 We're rolling out this enhanced tool with a focus on quality and comprehensiveness, starting with all the key ICC documents. Stay tuned as we expand our collection throughout the year to include a wider range of materials from other major arbitration institutions. 💪 Harness the power of expert guidance and ensure your arbitration documents are second to none!

In her practical insights, Katie Chung (Norton Rose Fulbright) has provided an up-to-date overview of the complex nature of confidentiality in arbitration proceedings. The author highlights that while arbitration is inherently private, it does not necessarily mean that there is a uniform obligation of confidentiality. The scope and exceptions to this obligation can vary across jurisdictions and procedural rules. She emphasises the importance of understanding whether an obligation of confidentiality applies and, if so, to whom and what information it covers. Learn more about this and other important considerations. 💡 Practical Insights in #arbitration are available for subscribers. Not yet a subscriber? Request your free trial and find out more about Katie’s analysis and other valuable insights and tools for your daily work: https://lnkd.in/eJmJGaek 🤝 Thank you to the Practical Insights' General Editors, Dr. Fan Yang, Kiran Nasir Gore, Simon Greenberg, and Joshua Karton, for their contributions. #internationalarbitration #disputeresolution #legaltech #guidance

Wolters Kluwer is pleased to invite you to the #webinar panel session 𝗧𝗵𝗲 𝗔𝗳𝘁𝗲𝗿 𝗟𝗶𝗳𝗲 𝗼𝗳 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝗹 𝗣𝗿𝗼𝗰𝗲𝗲𝗱𝗶𝗻𝗴𝘀: 𝗙𝗶𝗻𝗱𝗶𝗻𝗴 𝗙𝗶𝗻𝗮𝗹𝗶𝘁𝘆 on 11 June 2024 at 4 PM CET 🕓   Join our distinguished panel of experts: 🌟 Gabriel Fusea (Freshfields Bruckhaus Deringer) 🌟 Yasmine Lahlou (Chaffetz Lindsey LLP) 🌟 Andreas Frischknecht (Chaffetz Lindsey LLP) and 🌟 Alicja Zielinska-Eisen (Queritius) – all (co-)authors of Practical Insights available on Kluwer Arbitration, which will be moderated by the esteemed Kiran Nasir Gore.   Our expert speakers will explore finality and enforceability from different perspectives. They will look at the 𝑙𝑖𝑠 𝑝𝑒𝑛𝑑𝑒𝑛𝑠 doctrine and how it may come into play to balance the authority of courts and arbitral tribunals during an arbitration. They will also consider the afterlife of an arbitral award once it has been issued, including the various grounds under the New York Convention that can be invoked to allow a party to resist its enforcement when it is brought before a national court.   📑 Several of the speakers will preview the important considerations and practical guidance presented in their forthcoming contributions to Kluwer Arbitration’s Practical Insights tool, so stay tuned! 🔗 Register now at https://lnkd.in/ec9xtux5 😮 Cannot attend? You will have access to the webinar recording after 11 June! #internationalarbitration #disputeresolution #arbitration

Wolters Kluwer is pleased to invite you to the #webinar panel session 𝗧𝗵𝗲 𝗔𝗳𝘁𝗲𝗿 𝗟𝗶𝗳𝗲 𝗼𝗳 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝗹 𝗣𝗿𝗼𝗰𝗲𝗲𝗱𝗶𝗻𝗴𝘀: 𝗙𝗶𝗻𝗱𝗶𝗻𝗴 𝗙𝗶𝗻𝗮𝗹𝗶𝘁𝘆 on 11 June 2024 at 4 PM CET 🕓   Join our distinguished panel of experts: 🌟 Gabriel Fusea (Freshfields Bruckhaus Deringer) 🌟 Yasmine Lahlou (Chaffetz Lindsey LLP) 🌟 Andreas Frischknecht (Chaffetz Lindsey LLP) and 🌟 Alicja Zielinska-Eisen (Queritius) – all (co-)authors of Practical Insights available on Kluwer Arbitration, which will be moderated by the esteemed Kiran Nasir Gore.   Our expert speakers will explore finality and enforceability from different perspectives. They will look at the 𝑙𝑖𝑠 𝑝𝑒𝑛𝑑𝑒𝑛𝑠 doctrine and how it may come into play to balance the authority of courts and arbitral tribunals during an arbitration. They will also consider the afterlife of an arbitral award once it has been issued, including the various grounds under the New York Convention that can be invoked to allow a party to resist its enforcement when it is brought before a national court.   📑 Several of the speakers will preview the important considerations and practical guidance presented in their forthcoming contributions to Kluwer Arbitration’s Practical Insights tool, so stay tuned! 🔗 Register now at https://lnkd.in/ec9xtux5 😮 Cannot attend? You will have access to the webinar recording after 11 June! #internationalarbitration #disputeresolution #arbitration