International arbitration News, analytics and practice

25Jul/140

New LCIA Arbitration Rules, effective 1 October 2014

The London Court of International Arbitration (LCIA) is pleased to announce that the new LCIA Arbitration Rules have been formally adopted by the LCIA Court and the LCIA Board of Directors. The Rules will come into effect on 1 October 2014.

The new Rules ensure an effective, efficient and fair process. Notable changes in the Rules include provisions on consolidation and on conduct of legal representatives and parties, as well as expanded provisions on emergency relief.

24Jul/140

New words every lawyer should know – NeoLAWgisms

When lawyer says "lawesome" it means awesome and does not break the law

lawsome1 New words every lawyer should know   NeoLAWgisms

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8Jul/140

Evidence in International Arbitration: Evaluation Criteria

(extract from Konstantin Pilkov. Evidence in International Arbitration: Criteria for Admission and Evaluation. Arbitration. – 2014. – Vol. 80. – Issue 2 2014)

It is commonly recognised that the admissibility of evidence does not automatically guarantee that the evidence will be considered as having probative value. There are more or less explicit relevance, admissibility and materiality criteria for determining whether a piece of evidence is admissible, whereas the methods for weighing evidence and determining the sufficient level of proof are subjective and somewhat inexplicable.[1] The weight of the evidence usually refers to its persuasive effect on the arbitrator’s mind. It is within the discretion of the tribunal to evaluate the evidence submitted by the parties, though the parties can agree on the sufficiency, as will be discussed later.

The weight of the evidence includes questions of credibility (reliability) and the evaluation of inferences which can be made from the evidence.

19Jun/140

Online moot court platform

Mootus is a free online moot court platform that allows students or lawyers to compete legal issues As announced by owners of the platform, Mootus was aimed at helping law students and lawyers build skills, reputation and knowledge for free through open, online legal argument.

10Jun/140

ICSID Review—Foreign Investment Law Journal Student Writing Competition

The International Centre for Settlement of Investment Disputes (ICSID) is pleased to announce the AnnualICSID Review—Foreign Investment Law Journal Student Writing Competition.

2Jun/140

Assignment of Benefits of Arbitral Awards: Problematic Enforcement in Ukraine

By Cai & Lenard
From Kluwer Arbitration Blog
arbitration lawyer Assignment of Benefits of Arbitral Awards: Problematic Enforcement in Ukraine

Assignment of benefits of arbitral awards is a standard business practice worldwide, undertaken by companies involved in international trade and supported by credit insurers. However, this practice may face some obstacles in Ukraine considering contradictory and poorly developed court practice of granting leave for enforcement upon an application submitted by any person other than a person who was the party to arbitration. Courts are rather formalistic in deciding on that matter as Ukrainian laws do not directly envisage the possibility to an application for leave to enforce an international arbitration award to be submitted by any person other than a creditor (the meaning of this term is sometimes narrow, so that it is understood as a synonym to a party to arbitration). Actually, until recently there are not so many court cases, if any at all, in which the matter of assignment of benefits of arbitral award was clearly addressed.

11May/140

New ICDR Rules!

New version of the International Dispute Resolution Procedures (Including Mediation and Arbitration Rules) as well as amended Fee Schedule become effective on June 1, 2014

9May/140

Best Practices for the Appointment and Use of Arbitral Secretaries

When used properly, arbitral secretaries can support arbitral tribunals in performing their mandate with greater efficiency and effectiveness.
Given the potential benefits in efficiency and cost savings that an arbitral secretary can bring to the arbitral process, the Young ICCA Task Force on the Appointment and Use of Arbitral Secretaries was formed to examine the use of arbitral secretaries and advance a more transparent and robust approach to the role of secretaries in arbitration.

ICCA Arbitration Best Practices for the Appointment and Use of Arbitral Secretaries

5May/140

Evidence in International Arbitration: Criteria for Admission

(extract from Konstantin Pilkov. Evidence in International Arbitration: Criteria for Admission and Evaluation. Arbitration. – 2014. – Vol. 80. – Issue 2 2014)

Arbitration rules give broad authority to arbitrators regarding the consideration of evidence.[1] They usually do not set any formal procedure of admission and evaluation of evidence and say little if anything about the criteria for such admission and evaluation. The UNCITRAL Arbitration Rules (as revised in 2010) art.27(4) provide that once a party offers evidence to prove the facts it relies on, the tribunal is required to “determine the admissibility, relevance, materiality, and weight of the evidence offered”.

1Apr/140

What is a Lawyer and What Do They Do?

Did you know that Ukrainian lawyers invented a new data storage device capable of storing 1 Gigibit information? This device is a million times more powerful that the best flash memory card.

What is this device? It’s a cat! It has revealed that four cards with several cute cats on them are able to store all available  information about lawyers and law practice.

Doubt that? Evidence is below.

30Jul/130

European Arbitration Law Firms Directory

The following is a list of the Europe-based law firms with strong international arbitration expertise. The list only includes law firms which are headquartered or co-headquartered in the European countries.

16Jul/130

Binding Recalcitrant Respondents to Default Arbitral Awards

by Martin Andrew Jarrett

Overview

When may an arbitral panel bind non-consenting respondents to a default award proposed by the claimant and other consenting respondents?  In Grant Thornton International Ltd. (the “Claimant”) v. JBPB & Co. (a partnership) (the “Respondents”) [2013] HKCFI 523, the High Court of the Hong Kong Special Administrative Region Court of First Instance (Construction and Arbitration Proceedings) (the “Court”) had occasion to rule on this question.

11Jul/130

Investor–State arbitration: highest number of new cases ever. $8 million spent on lawyers and arbitrators in an average case

World Investment ReportIn 2012, 58 new known investor–State dispute settlement (ISDS) cases were initiated (stated in the 2013 World Investment Report by UNCTAD). This brings the total number of known cases to 514 and the total number of countries that have responded to one or more ISDS cases to 95. The 58 cases constitute the highest number of known ISDS claims ever filed in one year and confirm foreign investors’ increased inclination to resort to investor–State arbitration.

8Jul/130

ICSID ANNULMENT COMMITTEE DECLINE TO ANNUL ARBITRAL AWARD LEMIRE V. UKRAINE

July 08, 2013 - The ad hoc Committee issues its decision on annulment of the arbitral award in Joseph C. Lemire v. Ukraine (ICSID Case No. ARB/06/18)

The decision will be published in few days

4Jul/130

LCIA Internship Programme 2013-2014

LCIA is now accepting applications for its next internship.

The internship programme:
This internship will run from Monday 2 September 2013 to Friday 28 February 2014. The intern will receive a stipend of £1,500 (gross) per calendar month.

The intern will fill the role of Research Assistant, and his or her duties will include conducting legal and statistical research in connection with the LCIA’s own caseload and more generally in the field of international commercial arbitration, and assisting the casework team, from time to time, with other tasks relating to the administration of LCIA arbitrations.

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