Wolters Kluwer: International Arbitration & Mediation’s Post

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

Niek Peters has provided an overview of Articles II(1) and II(2) of the New York Convention, focusing on the formal and substantive requirements of a valid arbitration agreement. This insight is crucial for practitioners to ensure that arbitration agreements are enforceable under the NYC, which affects both the pre-award and post-award phases of arbitration. Understanding these requirements will help to effectively structure agreements that comply with international standards, thereby facilitating smoother arbitral proceedings. Niek has also updated his insights on Article II(3) of the NYC, emphasising the role of the court in referring parties to arbitration where there is a valid agreement. This guidance is essential for lawyers to ensure the enforcement of arbitration agreements and to avoid unnecessary court proceedings in breach of such agreements. 💡 Practical Insights in #arbitration are available for subscribers. Log in to learn more: https://lnkd.in/gCV4RJtZ 🔗 Not yet a subscriber? Request your free trial and find out more about Niek’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 #practicalguidance #legaltech

Sharing my article titled, “Extending The Mandate Of An Expired Arbitral Tribunal: Feasible Under The Law?”, published on LiveLaw today. “Section 29A of the Arbitration and Conciliation Act, 1996, addresses the timeframe for issuing an arbitral award and when this deadline can be extended. However, there is an ongoing uncertainty and debate due to conflicting court rulings as to whether the arbitration tribunal's mandate can be extended before its expiration or only after it has already expired and when an application for such an extension can be filed.”

We often hear of judgments where conflicts of interest arise. However, how does this idea of a conflict apply in arbitration proceedings? The International Bar Association recently amended its Guidelines on Conflicts of Interest. The Guidelines assist with determining whether a conflict is present. So, if you are ever curious of how conflicts of interest may arise in arbitrations, check out this article which Aslam Moosajee and I wrote where we discuss the recent changes to the Guidelines. https://lnkd.in/d2E4BrXi

🌐 How can active management improve your arbitration process? ⚖️ Benedikt Kaneko and Shinji Ogawa explore how the Japan Commercial Arbitration Association Interactive Arbitration Rules can transform the way tribunals manage cases. Wondering what this approach can offer? Here’s what to expect: 🗣️ More direct engagement with parties to pinpoint key disputed issues early. 📑 Preliminary views from tribunals to guide the proceedings. 💡 A more efficient, cost-effective approach to #arbitration management. Discover how these rules can streamline your arbitration proceedings. Read the full article via #DailyJus 🔗 https://lnkd.in/erFWtNE8

☕ Wisdom Wednesday - Answer! ☕ What does the term “lex arbitri” refer to in international arbitration? And the answer is: C - The procedural law of the place where the arbitration is seated "Law applicable to the procedure or lex arbitri can be defined as a body of rules governing the arbitration procedure." Find the source here: https://lnkd.in/dsxT_UVE Charis Tan Anastasia S. Jus Mundi

Hot on the heels of my latest article advocating the need for a hybrid test for arbitrator disclosures, consisting of both objective and subjective elements, for maximum transparency and to fully address parties' legitimate expectations (see Gultutan, Int.T.L.R Issue 3 of 2024), the English Commercial Court has just held (in Aiteo Eastern E & P Company Limited v Shell Western Supply and Trading Limited and others [2024] EWHC 1993 (Comm)) that an arbitrator (a former judge of the English Court of Appeal), who had been removed as arbitrator by the ICC upon a successful challenge by Aiteo, had failed to disclose the provision of expert evidence to the clients of the firm by whom she had been appointed as arbitrator. The fact that the arbitrator had disclosed that she had been appointed by the same firm in two other unrelated arbitrations in the last two years was insufficient for a finding that the non-disclosed fact (advice given during a conference) was immaterial for disclosure purposes. What is interesting is that whilst the application by the claimant was for the set aside of the four partial awards on the basis of section 68(2)(a) of the Arbitration Act 1996 (serious irregularity affecting the tribunal), the Court decided that it was more appropriate to remit the awards to the reconstituted tribunal for reconsideration, which tribunal no longer included the relevant arbitrator. It was material to the Court's determination on the issue that the other two arbitrators had not been challenged by the parties, whether before the ICC or the Court, resulting in the Court having “no doubt that the reconstituted Tribunal will be able to come to a fair and balanced conclusion on reconsideration”. The case demonstrates that arbitrators in London seated arbitrations (and elsewhere) must be vigilant and fully compliant with their disclosure obligations to ensure that the process of arbitration is as transparent as possible, and to best serve the parties’ legitimate expectations. Moreover, arbitrators should be wary of accepting too many appointments from the same law firm, as such may give rise to a perception of apparent bias, especially where the number exceeds three in the last three years (see IBA Guidelines on Conflicts of Interest in International Arbitration (2024)), and subject to the applicable laws/ arbitral rules. The judgment may be accessed here: https://lnkd.in/eWh8pt2c

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

🌟 Reflections on Today’s Guest Lecture with Dr. Ole Jensen 🌟 Today, Dr. Ole Jensen delivered an engaging lecture on "The Law Governing the Arbitration Agreement." The session highlighted the rules determining laws applicable to the arbitration agreement, the complexities of applying them and the importance of understanding how those laws can apply to various aspects of an agreement. Dr. Jensen’s insights on international arbitration were complemented by an interactive Q&A. Thank you to Dr. Ole Jensen and everyone who joined this enlightening discussion! Another Guest Lecture happening tomorrow at 5:00 PM! Join us! #ArbitrationLaw #InternationalLaw #ADR #LegalEducation #GuestLecture

#Arb-Wed-Arb💡Avoiding "one-size-fits-all" approaches in #arbitration – is it time for a reset? 👩🏫When my colleagues and I speak with our junior lawyers - as well as colleagues and clients less/not familiar with arbitration as a method of DR - we stress that it's rarely – if ever – appropriate to impose the framework of, say, national court litigation on an international arbitration. Instead, it's vital to consider afresh in every arbitration what may be appropriate when it comes to the applicable procedure and case management, among other issues. This may be easier said than done in all the circumstances, but it should be a guiding principle. 📓Unsurprisingly, the "horses for courses" point was made by participants attending a roundtable held by Global Arbitration Review and the London Court of International Arbitration (LCIA) earlier this year. As reported by GAR (£), problems discussed by the participants included "long, repetitive and unfocused pleadings; protracted procedural timetables; delay tactics by uncooperative parties; unreliable counsel-drafted witness statements; extensive and chaotic document production; and delayed and over-lengthy awards tackling a host of issues that could have been narrowed down earlier." 💡The GAR article makes for interesting reading. Many of the points made resonated with me, but it's also clear that there are not easy solutions to many of the problems identified. ✅I look forward to reading the special report on the roundtable and the recommendations made in September. #arbitration #internationalarbitration