Arbitration Links - Linklaters
  • Topic: Arbitral Institutions & Rules

New LCIA Report highlights movement towards cheaper and faster proceedings

18 October 2017 Jacqueline Chaplin, Europe

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A recent London Court of International Arbitration (“LCIA”) report (the “Report”) suggests that LCIA arbitration costs are generally less than arbitration costs at other institutions at all levels of dispute (for the purposes of the Report, arbitration costs means tribunal fees and administrative charges). The cost savings offered by the LCIA may be explained by its commitment to time efficiency and its use of hourly rates to calculate most of its costs.

The Report analyses the cost and duration of all 224 cases administered under the LCIA Arbitration Rules that had reached a final award between 1 January 2013 and 31 December 2016.

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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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HKIAC consults on amendments to its arbitration rules

11 September 2017 Andrew Mullan; Shirley Au Yeung, Asia-Pacific; Hong Kong

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The Hong Kong International Arbitration Centre (“HKIAC”) is consulting on amendments to the 2013 version of its Administered Arbitration Rules. The proposed changes incorporate a number of new provisions and amendments, highlighting HKIAC’s efforts to respond to the needs of its users and technological advances in dispute resolution. The changes may impact on how parties conduct their HKIAC arbitrations in the future and users are invited to submit comments by 2 October 2017.

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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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A Harmonious Australian Arbitration Framework: The ACT Adopts the Model Law

01 June 2017 Alexander Fawke, Asia-Pacific; Australia

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On 21 March 2017, the Australian Capital Territory (the “ACT”) passed the Commercial Arbitration Act 2017 (ACT) (the “Act”), which essentially adopts the UNCITRAL Model Law (inclusive of the 2006 amendments) (the “Model Law”). The Act means that all arbitrations seated in Australia will now be subject to the Model Law, as the same legislation has been adopted in all other States and Territories, as well as by the Federal Parliament. This development strengthens Australia’s position as an attractive seat for arbitration.

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First-ever ICC European Conference

25 April 2017 Roland Ziade; Pierre Duprey, Europe; France

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International arbitration in Europe takes centre stage this month with the first-ever ICC European Conference, which launches Paris Arbitration Week today.  Paris Arbitration partners Pierre Duprey and Roland Ziadé take us through the close relationship the region has with the popular dispute resolution process and discuss the relevance of the much anticipated event.

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Arbitration in MENA: a continuing growth, further modernisation and a few challenges

18 April 2017 Roland Ziade, Middle East

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The number of parties involved in ICC Arbitration in the MENA region continues to be on the rise. Between 2014 and 2016, the number of parties from North Africa increased by almost 50%, accounting for more than one-third of all African parties.

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Investment Arbitration in Australia: an update

31 January 2017 Alexander Fawke, Asia-Pacific; Australia

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The past year has seen a number of major developments in international arbitration in Australia, including the conclusion of new trade deals and the long-running Phillip Morris investment arbitration. This article surveys the most important changes in case law, legislation, investor-state dispute resolution and local arbitral institutions in the past year.

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Moving ahead in 2017

19 January 2017 Raquel Galvão Silva; Ricardo Guimarães

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New years are a great opportunity to take stock and to prepare for future developments, despite the obvious difficulties in predicting what the main trends will be. This is also the case for 2017. Looking back to 2016 there are two topics that immediately stand out: gender diversity and transparency. Both topics were subject to substantial discussion last year and the developments in these areas are likely to continue or even increase in 2017.

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Common trends in international arbitration in Latin America

14 November 2016 Christian Albanesi, Latin America

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To kick off the 14th edition of the ICC Miami Conference, the International Chamber of Commerce’s (ICC) biggest arbitration event of the year, Linklaters’ head of Latin America Arbitration Christian Albanesi provided his insight into the region’s international arbitration trends in this guest column for ICC.

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Who should know the law: the arbitrators or the parties?

03 October 2016 Cezary Wisniewski; Alicja Zielinska-Eisen, Europe; Poland

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What could be done at an early stage in the proceedings to apply the principle of iura novit curia in a way that would be acceptable to both common law and civil law practitioners and prevent or limit challenges to the arbitral award?

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