Negotiation in the Context of Arbitration
Apr 20, 2022Mediation and arbitration are often categorized as separate and distinct fields for good reason. Arbitration is an adjudicative process; mediation, on the other hand, is more accommodating, dependent on negotiation among parties. There is a formality attached to arbitration that one usually does not find in mediation. While the arbitration process is prescribed by rules, the mediation experience is created by the parties and the mediator to fit the needs of a particular dispute.
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Does an invalid arbitration clause equal no arbitration clause?
Apr 20, 2022Company A and Company B entered into an agreement which contained an arbitration clause specifying that any dispute arising from or in connection with the agreement would be submitted to the Fushun Arbitration Commission in Shandong Province or a people's court with jurisdiction.
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The Nature of Pre-Arbitration Procedural Requirements in Pakistan: Mandatory or Optional?
Apr 20, 2022Pre-arbitration procedural requirements come into operation before the commencement of arbitration proceedings where parties have agreed on a multi-tiered dispute resolution mechanism. They are especially common in construction and engineering contracts. The Islamabad High Court (IHC) in Pakistan has addressed issues related to the nature of these requirements and consequences of non-compliance in its recent judgment Pak. U.K. Association (Pvt.) Ltd. v. Hashemite Kingdom of Jordan [2017 CLC 599].
Digital Case Management in International Arbitration
Apr 20, 2022The modern business world strives to increase efficiency – and the use of modern IT systems is a key tool in that regard. One would thus expect that arbitration, which aims to resolve disputes efficiently, would jump at the many opportunities offered by modern IT technology to truly digitalise dispute resolution. But progress has been slow. While arbitration practitioners widely recognise the benefits of using modern technologies, the approach in practice is still largely based on conventional methods.
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ICC award set aside for failure to admit further expert evidence
Apr 20, 2022A Polish appeals court vacated an International Chamber of Commerce (ICC) partial award for alleged irregularities in the arbitrator's appointment (for further details please see " ICC award set aside due to irregularities in arbitrator's appointment "). The sole arbitrator's final award was also successfully challenged and set aside. The first reason to vacate the final award was also the issue of the sole arbitrator's appointment.
A question of nationality
Apr 20, 2022In Vietnam, it is becoming more common to have an arbitration tribunal constituted under the rules of a foreign arbitration institution (such as the International Chamber of Commerce or ICC) but with the seat in Vietnam. Such a tribunal will conduct the proceeding in Vietnam under the Vietnamese Commercial Arbitration Law ( CAL ).
Litigation in international arbitration: Soft law in comparison with procedural laws in international arbitration proceedings
Apr 20, 2022Law on Commercial Arbitration 2010 (LCA)- the procedural law governing arbitration proceedings whose seat is in Vietnam
Use Of Expert Witness In International Arbitration - Notes For Lawyers And Enterprises
Apr 20, 2022Whether settling disputes in Court or through arbitration, when a party has the burden of proof, it must submit evidence to the arbitral tribunal. The evidence can be in many different forms: Document electronic evidence, audio recordings, video recordings, witness statement, etc. In international arbitration practice, especially in complex disputes, a type of evidence that is frequently used by the parties to defend their opinion/request is testimony/report of "expert witness".