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English court endorses typical use of tribunal secretary in LCIA arbitration
The English Court has rejected an arbitrator challenge under s24 of the English Arbitration Act 1996 (the Act) on the basis of alleged "over-delegation" …
English Court considers unilateral communications between arbitrator and party and anonymisation of judgments related to an arbitration
In a recent challenge to an award made under s68 of the English Arbitration Act 1996, in Symbion Power LLC v Venco Imtiaz Construction Company the …
New dispute resolution rules for foreign investors in South Africa
South Africa’s draft regulations for investor-state mediation require refinement to work effectively with international arbitration. Interested parties …
Appointment of arbitrators: English Court grapples conflicting case law and clarifies relevant principles when asked to assist with appointments
In its decision in Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm) the English Court has considered and …
Arbitration in Dubai: two steps forward, one step back
Introduction Dubai promotes itself as an arbitration-friendly jurisdiction, in line with its objective of attracting international business. A recent, …
Video Post in "Observations on Arbitration" series: what to expect from the first procedural conference
In this short video, partner Chris Parker considers what to expect at the first procedural conference in an arbitration. Chris outlines the matters …
Getma v Guinea: The saga continued
This post follows the post originally published on 19 January 2016 (here). In November 2015, the Cour Commune de Justice et d'Arbitrage (CCJA) ruled that …
Video Post in Observations on Arbitration series: Arbitration and the State Courts
In this short video in our Observations on Arbitration series, Mathias Wittinghofer, Partner in our International Arbitration practice, considers the …
English Court identifies "weaknesses" in the 2014 IBA Guidelines on Conflicts of Interest when considering challenge of an Award for apparent bias
In the case of W Limited v M SDN BHD [2016] EWHC 422 (Comm) the Claimant, W Limited, sought to challenge two awards in the English Court for serious …
ICC Issues Guidance on Conflict Disclosure by Arbitrators
The Court of Arbitration of the International Chamber of Commerce (ICC) has issued guidance as part of its updated "Note to parties and arbitral …
Event: 31st Annual ICC and QMUL SIA Joint Symposium: "Powers and Duties of Arbitrators: Rules, Law, Practice and Ethics, Emergency Arbitration and Dealing with Sanctions"
Herbert Smith Freehills is pleased to be hosting the 31st Annual ICC and School of International Arbitration Joint Symposium on "Powers and Duties of …
French Cour de Cassation emphasizes principle of independence of arbitrators - Alvarez decision on conflict of interest upheld
In a recent decision (Cour de Cassation, Civ. 1, 16 December 2015, N°D14-26.279), confirming the decision of the Paris Court of Appeal (Cour d'appel de …
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