Jus Mundi’s Post

The article Procedural Estoppel in International Commercial Arbitration Proceedings written by Ilias Bantekas was published. This article argues that arbitral practice has effectively given rise to a general principle whereby the parties to arbitral proceedings are deemed to have waived rights arising from a procedural rule where they have failed to timely raise an objection against a procedural irregularity. Tribunals do not refer to such a process as abuse of right, or procedural estoppel, but as a tacit waiver of procedural rights. Even so, the effects are the same. This rule is well enshrined in article 4 of the UNCITRAL Model Law on International Commercial Arbitration. There is a line of domestic case law suggesting that the presumption in favour of the waiver does not apply where the party in question had no knowledge of the facts giving rise to the breach; where failure to apply it was not predicated on bad faith and/or; where the delay in exercising the right was not significant. For more information: https://lnkd.in/eeEYAWds

[#arbitration 🇬🇧] Two recent arbitration updates from the United Kingdom 💥 1️⃣ The UK government is set to introduce new arbitration legislation ; implementing reforms suggested by the Law Commission of England and Wales. 🚨 What are the main features of the changes that will come into effect? 👉 The Arbitration Act will bring further clarification to the law governing arbitration agreements 👉 The Arbitration Act will provide for "allowing arbitrators to expedite decisions on issues that have no real chance of success" 👉 The Arbitration Act will impose a new legal obligation on arbitrators to "disclose circumstances that might give rise to justifiable doubts as to their impartiality" 👉 The Arbitration Act will also empower the court to issue orders in support of emergency arbitrators 2️⃣ The leading arbitration institution, the London Court of International Arbitration (LCIA), has announced a number of updates that will come into effect on December 1, 2023, dealing mainly with: 👉 The schedule of Costs 👉 The terms and conditions for other services provided by the LCIA 👉 The policy on the receipt of funds

[Events] 📢 On October 13th, Ioana Knoll-Tudor, partner in International Arbitration at Addleshaw Goddard France, will take part to the GAR Live Vienna at Vienna International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC). Hosted by the Global Arbitration Review, this event will be bringing together leading arbitrators, private practitioners, in-house counsels and government representatives to debate on the latest issues affecting arbitration in Europe. Panels will notably discuss whether arbitration will become a part of competition remedies as well as debating the impact of third-party funding on arbitration. In that context, Ioana Knoll-Tudor will be debating with Lucia Raimanova, Catherine Anne Kunz, Senka Mihaj and Noah Rubins KC on the following topic: "Do we need a uniform standard for independence and impartiality for experts in international arbitration? How diverging is the approach and how dangerous is it to the integrity of the proceedings?" Full details of the conference can be found below 👇

Danish Institute of Arbitration comments on IBA Guidelines on Conflicts of Interest in International Arbitration https://lnkd.in/gDFaWV9 ... The DIA's comments included: - highlighting the role of arbitral institutions as participants in international arbitration and in deciding challenges to arbitrators - referring to case law to note that while a failure to disclose does not necessarily mean that a conflict of interest exists or that disqualification should ensue, it may be considered a contributing factor in cases where the issues of independence and impartiality are particularly difficult to assess - including in the Application Lists the situation where an arbitrator is or has recently been personally represented by counsel for one of the parties or by the law firm or employer of counsel of one of the parties, in an unrelated matter - providing clarity on what can be understood as "mock-trials" and "hearing preparations".

A blast from the past, but just as applicable today (if not more so). This piece is not just for international commercial arbitration practitioners. Anyone working in LegalTech will be able to enjoy a bit of AI-talk circa 2019 before generative AI took centre stage in more recent times. It's also a refresher on the responsibility that both creators and users of technology share: to consider both the intended and unintended real world implications of technology.

I congratulate the passage of the International Commercial Arbitration Law at the Israeli Parliament. The Israeli Institute for Commercial Arbitration has promoted the passage of this law over the recent years. The law adopts the international model for commercial arbitration, thereby laying the foundation for holding international arbitrations in Israel. In the picture: Speaking at the Constitution, Law, and Justice Committee during the discussion of the bill.

Provisional Measures Through the Lens of the ICJ’s Decision in South Africa v. Israel: Provisional measures are a temporary remedy granted by courts and tribunals in exceptional circumstances. Provisional measures aim to preserve the respective rights of the parties pending the decision of the court or tribunal.[1] While it is generally accepted that provisional measures can be granted in international arbitration, as before the ICJ, the circumstances under which […] ACERIS LAW - The International Arbitration Law Firm #arbitration

#CIETAC Guidelines on Evidence - effective as of January 1, 2024. https://lnkd.in/eUVikpjk The China International Economic and Trade Arbitration Commission ("CIETAC") adopts these Guidelines on Evidence ("Guidelines") in accordance with the Arbitration Law of the People's Republic of China, the CIETAC Arbitration Rules ("Arbitration Rules"), CIETAC's arbitration practice, and with appropriate reference to the IBA Rules on the Taking of Evidence in International Arbitration as well as those of the Chinese principles of evidence in civil litigation that are suitable for use in arbitration, in order to assist the parties, their counsel and arbitral tribunals ("Tribunal") in dealing with issues of evidence more efficiently in arbitration proceedings. These Guidelines are not an integral part of the Arbitration Rules. The application of the Guidelines can be made by the agreement of the parties or by the decision of the Tribunal. The parties may agree or the Tribunal may determine to adopt the Guidelines in part, or they may agree to vary them. In case of conflict between the Guidelines and the Arbitration Rules, the Tribunal shall apply the Guidelines in the manner that will best accomplish the purposes of both of them. The Tribunal shall deal with any matter on which both the Arbitration Rules and the Guidelines are silent and the parties have not agreed otherwise in such manner as it considers appropriate. Download: https://lnkd.in/e6jJQcjw

A Neglected Blueprint: the LMAA’s Small Claims Procedure. I am pleased to have contributed a chapter to ‘Expedited International Arbitration: Policies, Rules, and Procedure’ published today by Wolters Kluwer (hard copies from 20 June). I am grateful to the editors, Alan Anderson and Herman Verbist, for this opportunity and for the dedication and efficiency with which they handled this project. My chapter discusses the paradox that the UNCITRAL Expedited Arbitration Rules (2021) are intended for ad hoc arbitration but their models came essentially from institutions. It examines the LMAA London’s SCP which has been used in thousands of ad hoc international commercial arbitrations since it was introduced in 1989. I review features of the SCP, including its informality, the quick appointment of an experienced arbitrator, a strict timetable with no meetings or hearings, and fixed and capped costs. I conclude that such features would fulfil UNCITRAL’s priorities of speed and cost effectiveness and are transferable to arbitrations in different sectors. I look forward to reading the chapters by my fellow contributors.

New NAI Arbitration Rules Happy to share that as of 1 March 2024, the new and long awaited NAI Arbitration Rules enter into force, applicable to arbitrations initiated after that date. New features include: Efficiency improvements: * More efficient appointment procedures (direct NAI appointments, if parties cannot make arrangements). * Introduction of a fixed pre-trial hearing and interim pre-trial hearing. *Resolution of disputes between the same parties relating to multicontracts in one arbitration. * Introduction of expedited arbitral proceedings for disputes with a claim value of max. EUR 1 million. * Early determination of unfounded disputes. * Option of English-language proceedings relating to the arbitration at the NCC (i.e. annulment proceedings). Additional safeguards for arbitrators’ independence and impartiality: * Reporting requirement on litigation funding. * Enhancing the arbitrator’s declaration of independence & impartiality and availability. * Contact with the NAI on the appointment of the chair by the co-arbitrators. * Improved regulation on the challenge of arbitrators (including an anti-abuse provision). Quality improvements: * Scrutiny of draft arbitral award by the NAI. * Option of cost sanctions by arbitrators for improper procedural behaviour of a party. Sustainability, diversity and inclusivity: * Obligation to account for the importance of sustainability issues as well as diversity and inclusivity. See for further information: https://lnkd.in/exq7PaEH The new NAI rules and features sound promising. Especially the introduction of expedited proceedings and further amendments to enhance effiency in the NAI proceedings (which are already fast and generally offer value for money, e.g. in comparison to other arbitral institutions and the Dutch state courts) and quality (e.g. cost sanctions) are notable. It is also good to see that in the new NAI rules there is a focus on sustainability, diversity and inclusivity. Please reach out to me or the dedicated arbitration team of Stek if you would like to receive further information. #NAI #Newarbitrationrules #arbitration