Arbitration offers parties a flexible, efficient and confidential alternative to traditional litigation for resolving disputes. However, under certain circumstances, these positive aspects of arbitration can be manipulated to nefarious ends. When arbitrations go rogue, it’s less “courtroom drama” and more “crime thriller”. The following three cases of fraudulent arbitrations serve as illustrations of how both […]
Asset Tracing in International Arbitration
There is little point in commencing international arbitration proceedings if recovery on the resulting award will be impossible. Hiring an asset tracing firm may help reduce the risk of arbitration proceedings being in vain. Asset tracing involves a thorough examination of financial records, transactions, and other relevant documentation concerning a counterpart. This process may require […]
IBA Guidelines on Conflicts of Interest in International Arbitration
In February 2024, the International Bar Association (the “IBA”) released the most recent version of the IBA Guidelines on Conflicts of Interest in International Arbitration (the “2024 IBA Guidelines”). The new 2024 IBA Guidelines introduce several notable updates to the previous 2014 version of the Guidelines.[1] Conflicts of interest are important. An undisclosed conflict of […]
Arbitration in the Maldives
International arbitration in the Maldives is governed by the Maldives Arbitration Act No. 10/2013 (the “Arbitration Act”), whose key features are discussed below. Scope of Application of the Arbitration Act The Arbitration Act applies when the seat of an arbitration is the Maldives (Section 4(a) of the Arbitration Act), except for Section 15 (stay of […]
International Arbitration in South Africa
International arbitration in South Africa has experienced a surge in recent years, especially after the introduction of the International Arbitration Act (IAA) in 2017, making South Africa a real “regional arbitration hub with considerable success.”[1] Historically, arbitration in South Africa was governed by the Arbitration Act 42 of 1965, which primarily dealt with domestic arbitration. […]