As before national courts, parties’ right to choose their own arbitration attorney is a fundamental procedural right[1] that is confirmed by Article 18.1 of LCIA Rules (2014)[2] The new LCIA Rules (2014) represent the first institutional rules that limit this inherent power of the parties, in order to better conduct arbitral proceedings. Article 18.3 of the […]
Document Production under the LCIA Rules
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 […]
International Arbitration Tribunal
The international arbitration tribunal is the independent and non-governmental panel of independent and impartial experts most often composed of three members nominated by the Parties (or appointed by the international arbitration institution, or more rarely by a national court) on the basis of their legal and practical expertise and knowledge, to render a final and […]
International Arbitration Agreements
International arbitration agreements usually take the form of clauses in commercial contracts or investment treaties by which the Parties agree to arbitrate future disputes (agreement to compromise). International arbitration agreements are stand alone contracts which, according to the separability doctrine, will survive the underlying contract which contains them in the event that such contract is […]
Does A Lawyer’s Right To Lie In Certain Jurisdictions Give An Unfair Advantage In International Arbitration?
Does A Lawyer’s Right To Lie In Certain Jurisdictions Give An Unfair Advantage In International Arbitration? While the impact of different legal cultures on international arbitration is a topic that is frequently explored, since it impacts such issues as discovery, the scope of the written procedure and the scope of the oral proceedings, one basic […]