Parties can always attempt to settle their dispute in an amicable manner, even if the dispute has been referred to arbitration.[1] However, different opinions emerge regarding the arbitrators’ role in the settlement process. Certainly, arbitrators may facilitate settlement indirectly. As stated by Kaufmann-Kohler, arbitrators “can simply ask a few well-targeted questions at the right time, […]
ICC Emergency Arbitration
ICC emergency arbitration offers parties an alternative to state courts’ jurisdiction in seeking interim or conservatory relief. This procedure was introduced in 2012 with Article 29 of the ICC Rules and Appendix V.[1] The emergency arbitration provisions apply by default to arbitration agreements concluded after 1 January 2012 unless the parties have opted out.[2] The […]
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 […]
Milan Chamber of Commerce (“CAM”) Arbitration Rules
The Milan Chamber of Arbitration (Camera Arbitrale di Milano or the “CAM”) issued revised arbitration rules that entered into force on 1 March 2023 (the “CAM Arbitration Rules“), following the long-awaited reform of Italian arbitration law (see International Arbitration in Italy: 2022 Amendments). The Milan Chamber of Arbitration, which forms part of the Chamber of […]
Arbitration and the Revised Swiss Private International Law Act
The Swiss Private International Law Act (“PILA”), codified in the Federal Act on Private International Law of 18 December 1987, is likely the most complete codification of private international law in the world. Initially introduced in Swiss legislation to strengthen Switzerland’s position in the field of international law, the PILA was recently revamped to accommodate […]