A recent survey of corporate counsel for Fortune 1,000 companies, undertaken by Cornell and Pepperdine, paints a mixed picture of the health of international arbitration and mediation. Although the approach of general counsel at large companies to conflict management is anything but consistent, it is typically based on the issue of how to control costs […]
Transparency in International Arbitration
There have been calls for more transparency with respect to international arbitration, which remains poorly understood by the public at large. For an example of such a misunderstanding, one need look no further than the recent French police raids on the homes of three highly-distinguished arbitrators, Denis Bredin, Pierre Estoup and Pierre Mazeaud, in reaction […]
International Arbitration in Africa
Many practitioners and arbitrators are unfamiliar with international arbitration in Africa and have very little actual experience with it. Yet, sub-Saharan Africa is one of the regions where the use of international arbitration to resolve international disputes is expanding the most swiftly in the world. This should come as no surprise, as the International Monetary […]
The Impact of the 2012 International Chamber of Commerce (ICC) Rules on Multiparty and Multicontract Disputes
The maximum number of parties involved in an ICC arbitration is at least 141, which is the number of parties to an ICC arbitration initiated by 44 member firms of Arthur Andersen’s Business Unit against 97 members firms of Andersen’s Consultant Business Unit. There, the sole arbitrator ruled that he had jurisdiction over all 141 […]
Publication of the First Article on Security for Costs and Third-Party Funding
William Kirtley and Koralie Wietrzykowski publish an article in the Journal of International Arbitration entitled “Should an Arbitral Tribunal Order Security for Costs When an Impecunious Claimant Is Relying upon Third-Party Funding?” This is the first article to examine in detail the important issue of whether security for costs should be systematically granted when a […]