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The Admissibility of Evidence in International Arbitration

04/11/2016 by International Arbitration

evidence in international arbitration

The admissibility of evidence in international arbitration has long been a debated issue. A piece of evidence must be admitted in order to be considered by the arbitral tribunal, which will then evaluate its probative value in light of the facts of the dispute. Evidence is in principle admitted if it is relevant and material […]

Filed Under: Arbitration Information, Arbitration Procedure, ICSID Arbitration, Kazakhstan Arbitration

New English Court Decision Regarding Third-Party Funding Cost Recovery in Arbitration

02/10/2016 by International Arbitration

In 2008, Norscot Rig Management Pvt Limited (“Norscot”), the Claimant, successfully brought a claim in arbitration before the ICC in London, against Essar Oilfield Services Limited (“Essar”), the Respondent. The Arbitrator (Sir Philip Otton) held that the Respondent had breached an operation management agreement relating to an offshore drilling platform and thus was liable to pay over […]

Filed Under: Arbitration Agreement, Arbitration Award, Arbitration Damages, Arbitration Information, Arbitration Jurisdiction, ICC Arbitration, Jurisdiction, London Arbitration, Third-Party Funding, United Kingdom Arbitration

Challenge of an ICC Arbitrator under the 2012 ICC Rules: Which Criteria does the ICC Court Apply?

08/08/2016 by International Arbitration

challenge of arbitrator ICA

Which criteria does the ICC Court apply when deciding arbitrator’s challenges? This is an interesting question with no straightforward answer, especially taking into account that the ICC Court has yet to begin publishing decision on challenges, although it has recently begun providing its reasoning to Parties with respect to its decisions on challenges. The 2012 ICC […]

Filed Under: Arbitration Information, Arbitration Rules, ICC Arbitration

Emergency Arbitrator Award

16/07/2016 by International Arbitration

Most arbitration rules of the leading arbitration institutions have today introduced the possibility of appointing an Emergency Arbitrator who will decide on Interim Measures (including the ICC, the LCIA, the SIAC, the HKIAC and the SCC). These rules are being increasingly used by parties to request interim measures. The Arbitration Institute of the Stockholm Chamber […]

Filed Under: Arbitration Agreement, Arbitration Award, Arbitration Damages, Arbitration Information, Arbitration Rules, Bilateral Investment Treaty, Emergency Arbitrator, HKIAC Arbitration, ICC Arbitration, Interim Measures, Investor State Dispute Settlement, Law Of The Sea, LCIA Arbitration, Moldova Arbitration, Russia Arbitration, SCC Arbitration, SIAC Arbitration, UNCITRAL Arbitration

Document Production under the LCIA Rules

19/06/2016 by International Arbitration

document production lcia arbitration

Under Article 15 of LCIA Rules[1], parties only need to submit essential documents, which means identified documents that are relevant to the case and material to its outcome. This concept is common in international arbitration, but differs from English common law traditions, which require far more rigorous disclosure[2]. In order to encompass arbitration held both in common law […]

Filed Under: Arbitration Information, Arbitration Jurisdiction, Arbitration Rules, Document Production in Arbitration, Jurisdiction, LCIA Arbitration

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