Arbitration rewards procedural vigilance. A party that believes a tribunal lacks jurisdiction usually cannot stay silent, contest the merits, and only later invoke the objection if the case turns unfavourable. Typical jurisdictional objections that may be raised in arbitration include: No valid arbitration agreement; A party is not bound by the arbitration agreement; The tribunal […]
Effective Case Management in International Arbitration
International arbitration is often praised for its efficiency, flexibility, and party autonomy. Yet, these advantages are only realised through effective case management, which orchestrates the procedural journey from the constitution of the tribunal to the rendering of the final award. Case management in international arbitration refers to the deliberate structuring and supervision of arbitral proceedings […]
What to Expect from an Arbitration Hearing
Hearings are an integral part of most arbitrations. They provide each party with an opportunity to present its case directly before the arbitral tribunal and can be pivotal to the eventual outcome. However, their importance also makes them a daunting and complex procedure. This note examines some of the most important elements to expect from […]
Admissibility of Illegally Obtained Evidence in International Arbitration
Factual evidence plays the key role in international arbitration, as in all dispute resolution. It is generally accepted that a claim or defence of a party needs to be supported by evidence. However, a question arises about the admissibility of illegally obtained evidence in international arbitration. How do arbitral tribunals approach this issue? Evidence in […]
Use of Demonstrative Exhibits in International Arbitration
Having their origins in US litigation,[1] demonstrative exhibits have found their place in international arbitration, namely in fact-intensive arbitrations, such as construction arbitrations. Black’s Law Dictionary defines the term “demonstrative evidence” as “[p]hysical evidence that one can see and inspect (such as a model or photograph) and that, while of probative value and usually offered […]