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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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