On 27 January 2021, the Rising Arbitrators Initiative (RAI) hosted the second webinar of its series “The Rising Arbitrator’s Challenge: Navigating the Premise and Perils of Your First Appointment(s)”.
The aim of the series of events is to support practitioners who are seeking or tackling their first appointments and each webinar is focused on a different jurisdiction. The 27 January 2021 event focused on Europe and was moderated by Victoria Pernt (Schoenherr Attorneys at Law). After the opening remarks by Ana Gerdau de Borja Mercereau (Derains & Gharavi), co-founder and co-chair of RAI’s Executive Committee, introducing RAI’s initiative, the panel featuring Alice Fremuth-Wolf (VIAC); Milena Djordjevic (University of Belgrade), and Simon Gabriel (Gabriel Arbitration), commenced the discussion.
Read moreThe São Paulo State Court of Appeals (“the Court”) annulled an arbitral award, by request of the claimant in the arbitration (an insurance company), on the grounds that the presiding arbitrator violated his duty of disclosure (Decision of the court in Portuguese available here).
Read moreIn Halliburton Company v Chubb Bermuda Insurance Ltd,(1) the Supreme Court unanimously upheld the Court of Appeal's decision to dismiss an application to remove an arbitrator on the grounds of apparent bias. The Supreme Court confirmed the Court of Appeal's decision that arbitrators are under a duty to disclose appointments in references concerning the same or overlapping subject matter with a common party, although the Supreme Court's reasoning differed. On the facts of this case, while the Supreme Court found that the arbitrator had breached his disclosure obligations, it further held that an objective observer would not have justifiable doubts as to the arbitrator's impartiality.
Read moreAmid ongoing arbitration battle between US-based Amazon and Kishore Biyani-led Future Retail, the Singapore International Arbitration Centre (SIAC) on Tuesday formed a three-member panel to pass its final verdict on Future Group's Rs 24,713 crore deal with Reliance Industries Ltd. Both the parties have reportedly agreed to the names of the three-member arbitration tribunal required for the arbitration process, which is expected to start over the next fortnight.
Read moreJanuary 2019”. However, this section also sets out greater clarity regarding when such material will not be published due to confidentiality. Importantly, this also includes the ability of any individual or entity to tell the Secretariat that it does not wish, as a general policy, any ICC award and related documents to which it is a party to be published, in which case none of these awards or decisions will be published. This may be of particular interest to clients who are frequent users of ICC arbitration.
Read moreIn Halliburton Company v Chubb Bermuda Insurance Ltd,(1) the Supreme Court unanimously upheld the Court of Appeal's decision to dismiss an application to remove an arbitrator on the grounds of apparent bias. The Supreme Court confirmed the Court of Appeal's decision that arbitrators are under a duty to disclose appointments in references concerning the same or overlapping subject matter with a common party, although the Supreme Court's reasoning differed. On the facts of this case, while the Supreme Court found that the arbitrator had breached his disclosure obligations, it further held that an objective observer would not have justifiable doubts as to the arbitrator's impartiality.
Read moreEveryone in society has been affected in different ways by the COVID-19 pandemic. Employers in particular have faced difficult challenges and have been required, in many cases almost immediately, to make decisions that potentially impact employees’ privacy and other rights while attempting to ensure that the health and safety of their employees, their clients and those that they provide services to, are adequately protected. A common question that has arisen over the last few months for employers is simply this – can they require their employees to take a COVID test as a condition of working in order to satisfy their employer they can safely attend the workplace?
Read moreIn a landmark decision handed down on November 27, 2020, the U.K. Supreme Court has confirmed that the English law of arbitration imposes a duty on arbitrators to disclose matters which would or might lead to the conclusion that there is a real possibility that they are biased. This welcome development in English law reinforces the integrity and reputation of English-seated arbitration, and is consistent with best practice seen in the International Bar Association (IBA) Guidelines on Conflict of Interest and leading institutional rules.
Read moreChair of the Bar Council Maura McNally SC says she has been “inundated” with complaints about halted trials.
The Bar Council chair has written to High Court president Ms Justice Mary Irvine to say that access to justice under level five restrictions has proven very difficult for barristers and their clients.
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