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Is International Arbitration in a Race to the Top?
Catherine A. RogersBefore answering the titular question, let’s start with the more basic question: What is a race to the top? The phrase seems self-explanatory. It is a compelling and vivid metaphor...
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SOAS Arbitration in Africa Survey Report 2018
Emilia OnyemaDiversity in arbitration is currently topical, and this drove our engagement with it in relation to race (particularly African) in this survey. Related to this, is the entrenched...
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Dubai Arbitration Week Recap: Arbitrator Disclosure – Local Flavour or...
Zahra Rose Khawaja (Assistant Editor for the Middle East)Participants at this year’s Dubai Arbitration Week gathered for the ICC conference hosted by Al Tamimi & Co on 14 November 2018. The...
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Experience, Transparency and Diversity in the Formation of Arbitral...
Amanda Bueno Dantas Young ITAThe Young ITA, Arbitrator Intelligence and Pinheiro Neto Advogados joined forces to promote an edition of #YOUNGITATALKS São Paulo during the São Paulo Arbitration Week...
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The State of Play in Costs and Damages in International Arbitration
Michael McIlwrath and Crina Baltag (Acting Editor)“Developing arbitration into a matured system of adjudication that can fully compete with litigation may create tension with its promise of providing a...
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Investors’ Views on the ISDS Reform: QMUL Investment Arbitration Survey
Loukas A. Mistelis, Caroline Le Moullec and Giammarco RaoLast week QMUL, in partnership with the Corporate Counsel International Arbitration Group (“CCIAG”), launched its first ever survey focusing...
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Representation of Venezuela in Investment Arbitration
Nicolas Maduro was “reelected” President of Venezuela for the constitutional period from 2019 to 2025. This presidential election was the subject of serious questions by large representative sectors of...
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Outcome Related Fee Structures Proposed for Arbitration in Hong Kong
At present, Hong Kong lawyers are prohibited from charging outcome related fees in arbitration. As discussed in a previous blog, the landscape started to change since the publication of a Consultation...
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Singapore’s New Conditional Fee Agreement Regime: An Uplifting Reform?
In Singapore, lawyers and their clients will soon be able to enter into conditional fee agreements (“CFAs”) for arbitrations and certain court proceedings. CFAs provide parties with an alternative to...
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GSI v. Canada: Old Problems and New Take-Aways concerning Counsel Conflicts
Not so long ago, as a lawyer you started your career at the same firm from which you would later retire. Today, the opposite is true. Ambitious young lawyers and sometimes even entire practice groups...
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Bad faith claims in challenge proceedings and counsel’s liability for costs
Has the number of bad faith challenges against arbitral awards increased? Is there a need to better control parties and their counsel, and to sanction them should they not play by the rules? The topic...
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The Growth of Arbitrator Power to Control Counsel Conduct
There have been increasing calls over the past few years for an international code of conduct for counsel in international commercial arbitration, and for arbitrators to have more power to control...
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Arbitration 2015: The Best of Times or the Worst of Times? A Debate
This was the title of one of four sessions comprising the dispute resolution module held as part of the fifth Institute for Energy Law (IEL) and IBA Section on Energy, Environment, Natural Resources...
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Breaking Arbitration’s 5-Minute Barrier: from the Archives
Summer fun Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this point, most of us are...
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Who Should Regulate Counsel Conduct in International Arbitration?
Historically, there has been no binding uniform code of ethics governing the conduct of counsel appearing before international arbitral tribunals or dictating how issues of counsel conduct are to be...
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The Case for Public Regulation of Professional Ethics for Counsel in...
Who Should Regulate the International Bar? The regulation of professional ethics of the international bar is among the most hotly debated issues in international arbitration (inter-state,...
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A Note to in House Lawyers: When Do You Appoint a Law Firm for an Arbitration?
Firms will often write that for effective representation it is best to engage law firms at an early stage in the dispute process. Whilst there may be some merit in this, it may not necessarily be...
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Arbitration and Money Laundering: What Are The Obligations Placed On Counsel...
In June 2017, the Fourth European Anti-Money Laundering Directive (the “Fourth EU Directive” (EU) 2015/849) was transposed into German law. The regime was further tightened, its scope was extended and...
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FAI Arbitral Tribunal’s Decision concerning the Disqualification of Counsel...
Introduction It is generally accepted in international arbitration that an arbitral tribunal has an inherent power, and duty, to preserve the fairness and integrity of the arbitral proceedings and the...
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The 2022 SOAS Counsel in Arbitration Training: A Concrete Solution to Skills...
This year, the arbitration team at SOAS consisting of Emilia Onyema, Steven Finizio and Baiju Vasani in cooperation with the African Legal Support Facility of the African Development Bank, organised...
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