International arbitration News, analytics and practice

18Sep/160

Evidence and Proof in International Commercial Arbitration

Докази в арбітражіПсихология доказыванияNew books for arbitration practitioners, 'Evidence and Proof in International Commercial Arbitration : Scientific and Practical Guide' (in Russian - Download link) and 'Theory and Practice of Proof in International Commercial Arbitration: Monograph' (in Ukrainian - Download link) have been recently published by Konstantin Pilkov PhD, Associate Professor of the Department of International Private Law of Kyiv National Trade and Economics University, partner of Cai & Lenard, arbitrator of the ICAC at the UCCI.


The author presents the latest developments in the law of evidence in arbitration as well as best practices.

The books offer an integrated approach to evidence which includes comprehensive doctrinal analysis. Practical recommendation given in the books are meant to facilitate arbitration proceedings that are fair, accurate, and efficient.
Several chapters of each book are currently available on Cai & Lenard website.

Complete downloadable versions will be available after arbitration conferences in November.

15Sep/160

AAA-ICDR Foundation Grants

The AAA-ICDR Foundation is now accepting proposals for its second funding cycle. Interested organizations or individuals should submit a 1-2 page Initial Description of Grant Request no later than October 14, 2016 to: contact@aaaicdrfoundation.org.

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20Oct/151

Recognition and Enforcement of Arbitral Awards – study on public policy (2015)

The Subcommittee on Recognition and Enforcement of Arbitral Awards conducted over 2014/2015 a comparative study on 'public policy' as a defence to the recognition and enforcement of arbitral awards under the New York Convention. For such purpose, the Subcommittee has solicited and received reports from Arbitration Committee members reporting jurisdiction by jurisdiction on the treatment of public policy by the domestic courts in the context of enforcement of foreign arbitral awards.

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.

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”.

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.

23Apr/130

International Arbitration Survey 2013: Corporate choices in International Arbitration by PwC

The 2013 Survey, 'Corporate choices in International Arbitration' has been issued by PwC and Queen Mary, University of London. The survey investigates how corporations use international arbitration with a particular emphasis on companies in three sectors of strategic importance to the world economy – Energy, Construction and Financial Services.

18Mar/130

Swiss Chambers’ Arbitration Institution Statistics 2012

Increase of cases in 2012

In 2012 the Swiss Chambers' Arbitration Institution administered 92 new cases, six percent more than in the year before.

Swiss Chambers Arbitration Stastics New Cases 2012 Swiss Chambers Arbitration Institution Statistics 2012

9Feb/130

Global Arbitration Review issued 6th edition of the GAR 100

The GAR 100 is a guide to the international arbitration capabilities of law firms.

20Nov/120

Enforcement of SCC awards in Ukraine

SCC is one of the most frequently referred arbitration institutes among Ukrainian parties, after the International Commercial Arbitration Court (ICAC) at the Ukrainian Chamber of Commerce and Industry (UCCI). This trend is consistent with the general East-West footprint in the SCC case load. In the last decade parties from Ukraine have appeared in 45 disputes before the SCC. 12 of these disputes have been administered by the SCC in the period 2011-2012.

15Oct/121

ICAC at the UCCI holds leadership position in terms of enforcement of arbitral awards in Ukraine

According to  “Ukraine. Arbitration-friendly jurisdiction: 2011-2012 statistical report” the International Commercial Arbitration Court  at the Ukrainian Chamber of Commerce and Industry (ICAC at the UCCI) holds the leadership position in terms of enforcement of arbitral awards in Ukraine.

Arbitration in Ukraine

8Oct/121

2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process

White & Case LLP and the School of International Arbitration at Queen Mary, University of London have published 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process with the focus on the views of in-house counsel, arbitration practitioners and arbitrators on the current and preferred practices in the international arbitration process.

4Oct/120

The Fulbright 2012 International Arbitration Report, Issue 2 is available

Fulbright & Jaworski L.L.P. issued 2012 International Arbitration Report, Issue 2.

Topics in this issue include:

  • How to Optimize Your Expert Evidence
  • The Law Governing the Arbitration Agreement
  • Damages for Breach of an Agreement to Arbitrate
  • Section 1782 Held Applicable to Private Arbitrations

The International Arbitration Report is available for download here.