HKIAC arbitration refers to the settlement of disputes administered by the Hong Kong International Arbitration Centre (the “HKIAC”) under one of its arbitration rules. According to the Queen Mary, University of London and White and Case’s 2015 International Arbitration Survey, HKIAC was the third most preferred and used arbitral institution worldwide and the most favored […]
ICDR 2021 Rules Amendments
The rules of the International Centre for Dispute Resolution (“ICDR”) of the American Arbitration Association (“AAA”) entered into force in 1998. They were first revised in 2014. Seven years later, the ICDR issued a revised set of rules effective on 1 March 2021. In line with the recent revisions of institutional arbitration rules in Europe,[1] […]
Witness Statements in International Arbitration
It is common to use witness statements in international arbitration. The witness can typically be any person including officers, representatives or employees of the party for which he/she is to provide testimony.[1] The reasons to use witnesses in international arbitration are multiple: to reinforce evidence already presented in support of a party’s claim(s), to “fill” […]
The COVID-19 Pandemic and Investment Arbitration
As the outbreak of the COVID-19 pandemic has already impacted over 150 countries worldwide, it is hard to imagine that investment arbitration will not be impacted. While the future remains uncertain, the response to the COVID-19 pandemic is likely to violate various protections provided in bilateral investment treaties (“BITs”) and may bring rise to claims […]
Advance on Costs in ICSID Arbitration
The filing of a Request for Arbitration in an ICSID arbitration implies an obligation for the parties to pay several costs needed for the arbitral proceedings. In addition to the legal fees for the parties’ legal representation, and additional party costs such as the cost of experts, and the payment of a non-refundable lodging fee […]