There are a variety of legitimate reasons why a party might wish to change lawyers over the course of an international arbitration, which can be a long and expensive procedure. A party may lose confidence in its lawyers: the quality, loyalty and vigor of a party’s representatives can have substantial consequences for the party’s opportunity […]
Depositions in International Arbitration
Depositions in international arbitration are rare but do occur. A deposition is defined as “[a] witness’s out-of-court testimony that is reduced to writing (usually by a court reporter) for later use in court or for discovery purposes”.[1] While depositions are generally associated with American pre-trial discovery, they are called for in a surprising number of […]
Refusing to Participate in Arbitration Proceedings
Parties who signed a binding arbitration agreement are, in principle, bound by its terms. Once a dispute arises and a claimant commences arbitration proceedings against a respondent, a general assumption is that the parties will cooperate and actively participate in the proceedings. In practice, however, it can happen that the other party, usually the respondent, […]
Interim Measures in International Arbitration: A Need for Irreparable Harm?
It is a well-established rule of international arbitration that arbitral tribunals have the power to grant interim or conservatory measures. This is explicitly provided in all major arbitration rules (see, e.g., Article 28 of the 2017 ICC Rules, Article 25.1 of the 2014 LCIA Rules, Article 26 of the 2010 UNCITRAL Rules, Rule 30 of […]
Publication of ICC Arbitration Awards: 2019 Advancements in Transparency of ICC Arbitration
As most arbitrations are confidential, the publication of ICC arbitration awards has historically been uncommon. In January 2019, however, the ICC International Court of Arbitration adopted changes to its practice that will soon be implemented. In this regard, the ICC released an updated Note to the Parties and Arbitral Tribunals. Its main purposes were to […]