Arbitration Links - Linklaters
  • Jurisdiction: North America

CIArb Consultation on Cost-Controlled Rules

05 October 2017 Sadie Buls, Asia-Pacific; Europe; Latin America; Middle East; North America

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On 25 September 2017, the Chartered Institute of Arbitrators (CIArb) opened a consultation period relating to a revised draft of its Arbitration Rules. The revision to the rules aims to incorporate a proposed additional appendix on the use of CIArb’s Cost-Controlled Expedited Arbitration Rules. The current version of those rules is dated 2014 and CIArb has stated that updates to other institution procedures, as well as developments in the sphere of cost controls in arbitration generally, have prompted it to review and update its existing rules. 

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ICSID Rule Amendment Project

27 July 2017 Sadie Buls, Asia-Pacific; Europe; Latin America; Middle East; North America

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The International Centre for Settlement of Investment Disputes (“ICSID”) recently launched a webpage for a rule amendment project. The page will track the progress of the latest round of ICSID rule amendments, the process for which began in October 2016 when ICSID sought comments on potential amendments from member states. This was followed by ICSID’s invitation to the public in January 2017 for suggestions for rule amendments.

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U.S. Appeals Court rejects conflict-of-interest challenge to London award

08 May 2017 John Akin; Adam Lurie, North America; United States of America

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In a March 31 decision, the U.S. Court of Appeals for the D.C. Circuit affirmed a lower court’s decision to confirm an $18.5 million arbitral award entered by a London tribunal in favor of the Belize Bank Ltd. (“the Bank”), rejecting an argument from the government of Belize (“Belize”) that an arbitrator’s alleged conflict of interest violates U.S. public policy. The decision affirms the principle that barristers in the same English chambers—unlike lawyers in an American law firm—are presumed to be independent practitioners.

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Southern District grants Section 1782 discovery for private commercial arbitration

23 January 2017 Patrick Ashby, North America; United States of America

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Private international arbitral bodies are considered foreign tribunals for the purpose of 28 U.S.C. §1782 (“Section 1782”), the United States statute that allows parties to obtain evidence in the U.S. for use in legal proceedings outside of the U.S., according to a recent decision by Judge Furman of the District Court for the Southern District of New York (“Southern District”).

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