SANTIAGO, Feb 21 (Reuters) - Chile has launched an arbitration process against U.S.-based miner Albemarle, the world’s largest lithium producer, for allegedly underpaying royalties on its sales, the head of the state development office told a local newspaper on Sunday.
Read moreThe winds of change - new arbitration rules for the International Court of Arbitration
The winds of change blow on and on. Even as the United Kingdom completed its historic exit from one international body with the expiry of the Brexit transition period on New Year's Eve, so we were reminded – the very next day – that internationalism persists. As 2021 dawned upon us, the International Court of Arbitration of the International Chamber of Commerce ("ICC"), headquartered in Paris since 1923, marked the arrival of its new Rules of Arbitration ("2021 ICC Rules") on New Year's Day.
Read moreHow reliable is witness testimony in international arbitration? ICC Commission publishes report
How reliable is witness testimony in international arbitration? ICC Commission publishes report on “The Accuracy of Fact Witness Memory in International Arbitration” and provides guidance on best practice for in-house counsel and external lawyers.
The ICC Commission on Arbitration (the “Commission”) has published a report on “The Accuracy of Fact Witness Memory in International Arbitration” (the “Report” - accessible here). The Commission decided to undertake this work following a guest speech (entitled ‘Unreliable Recollections, False Memories and Witness Testimony’) delivered by Toby Landau QC at a meeting of the ICC Commission on Arbitration and ADR (in October 2015). The Report sets out the work undertaken by a Task Force (set up by the Commission) on ‘Maximising the Probative Value of Witness Evidence’ and incorporates scientific input from psychologists specialising in human memory. This article discusses the Report’s findings and lists some key practical considerations practitioners can take away from these conclusions.
Read moreThe winds of change - new arbitration rules for the International Court of Arbitration
The winds of change blow on and on. Even as the United Kingdom completed its historic exit from one international body with the expiry of the Brexit transition period on New Year's Eve, so we were reminded – the very next day – that internationalism persists. As 2021 dawned upon us, the International Court of Arbitration of the International Chamber of Commerce ("ICC"), headquartered in Paris since 1923, marked the arrival of its new Rules of Arbitration ("2021 ICC Rules") on New Year's Day.
Read moreMediation in a virtual world
The COVID-19 pandemic has brought new challenges to all manner of dispute resolution. Whether it is becoming accustomed to addressing a judge from your bedroom via Zoom, taking instruction from your client on WhatsApp, or trying to guess your opponent’s hobbies from their home office bookshelves, the new world of remote-working has brought new difficulties and forms of workplace and entertainment in equal measure. What has not changed, however, is the demand from parties to resolve their disputes expeditiously and efficiently, including through mediation. This begs the question: how do mediations and practitioners need to adapt in this brave new world? It is likely to be here to stay, so here are five top tips for surviving and getting the most from a virtual mediation.
Read moreSingapore introduces default procedure for multi-party arbitration appointments
The Singapore government has amended its International Arbitration Act (SIAA) to introduce a default procedure for appointment of arbitrators in multi-party arbitrations.
The amendments also give Singapore-seated arbitral tribunals and the Singapore High Court the power to enforce confidentiality obligations.
Read moreFrance: Entry Into Force Of The New ICC Arbitration Rules And ICC Note To Parties And Arbitral Tribunals
The International Chamber of Commerce (the "ICC") has unveiled a revised version of its Rules of Arbitration (the "Revised Rules"). This new version, which came into force on January 1, 2021, applies to arbitration proceedings initiated on or after that date, unless otherwise agreed by the Parties. Although it does not introduce major substantive changes, this revision corresponds to the stated objective of the ICC President to "mark a further step towards greater efficiency, flexibility and transparency."
Read moreLitigation Funding: Third-party funding in international arbitration
While international arbitration spans multiple types of claims, overlapping jurisdictions and legal regimes, there are some commonalities to consider it an appropriate subject for a brief addendum within this guidebook’s framework. A practitioner considering a transaction involving third-party funding of international arbitration will need to consider multiple potentially relevant jurisdictions. For example, one might need to consider the applicable arbitral rules (if any), the law of the seat of the arbitration, the governing law of the underlying agreements, any applicable international treaties, the law of the jurisdiction in which the award will be enforced, and, potentially, the law of the parties’ counsels’ home jurisdictions. Accordingly, this addendum is necessarily limited and endeavours to highlight some of the issues and approaches that are common in the context of third-party funding and international arbitration.
Read moreIreland: ICC Arbitration Rules 2021 Come Into Force – What Do You Need To Know?
The new ICC Arbitration Rules (Rules), in force since 1 January 2021, will apply to any arbitration commenced after that date unless otherwise expressly agreed between the parties.
The Rules do not apply automatically to infrastructure or commercial contracts in Ireland. Parties would need to expressly adopt the Rules in their contracts and where adopted, they would be in lieu of the rules governing international arbitration in Ireland, namely, the Arbitration Act 2010.
Read moreIn the face of global change, international arbitration proves its flexibility
As members of our arbitration team wrote recently, the global pandemic has led parties to consider arbitration as the optimal process to resolve disputes given its key advantages as an effective, customizable and efficient mechanism. The international arbitration community has shown its ability to pivot quickly and adapt relatively seamlessly in changing global circumstances. In a testament to the flexibility of arbitration, arbitral institutions globally have responded with updates and practice guides to clarify and streamline their rules and procedures in order to better suit the reality of disputes in the post-2020 landscape.
Read moreEnforcement of common and civil law arbitral awards in Latin America and the Caribbean: the Brazilian and Cayman example
Arbitration provisions under contracts for insurance can often provide for a more expeditious and confidential (although not necessarily cheaper) settlement of disputes than passage through the courts. These provisions can either be mandatory or voluntary to the insured (or cedant) and insurer (or reinsurer) bound by the contract.
Furthermore, the procedural rules by which the arbitration will be governed tend to be agile, and usually involve a third party arbitration service (e.g. the International Chamber of Commerce, the Jamaica International Arbitration Centre, the Arbitration and Mediation Court of the Caribbean in Barbados, or the Centro de Arbitragem e Mediação da Câmara de Comércio Brasil-Canadá in Sao Paulo and Rio de Janeiro).
Read moreICC Mediation
The ICC International Center for ADR proposes services including expert appraisal and dispute boards, which can be used separately, successively or concurrently. The ICC International Center for ADR has noted that there has been a growing use of the ICC mediation rules due to the pandemic. That said, the use of mediation to resolve international disputes still pales in comparison to the use of arbitration, with 45 ICC mediations registered in 2020 as compared to 946 ICC arbitrations.[1]
Read moreICC Launches Revised Arbitration Rules for 2021
Key Points:
To increase transparency, parties must disclose “the existence and identity” of third-party funders.
To increase efficiency, arbitral tribunals may decide to conduct hearings remotely, irrespective of any objections from the parties.
New provisions allow the joinder of additional parties and the consolidation of multi-party or multi- contract arbitrations.
New ICC report takes bold move to tackle unreliability of witness testimony in arbitration
ICC has launched a new report on the accuracy of fact witness memory in international arbitration. The report, which is the first of its kind conducted by an arbitral institution, analyses the psychological science of human memory, and offers arbitrators and counsel guidance to enhance the probative value of fact witness evidence
Read moreICC Rules 2021: A Further Step for Efficiency, Flexibility and Transparency
The International Chamber of Commerce (“ICC“) unveiled its 2021 Rules of Arbitration (“2021 Rules“) on 1 December 2020. The 2021 Rules entered into force on 1 January 2021 and replaced the 2017 version of the Rules of Arbitration, which had been in force since 2017 (“2017 Rules“).
The 2021 Rules include significant modifications that will affect practitioners in a number of important areas. The top six changes introduced that may affect the practitioners are:
Read more2021 ICC rules of arbitration: towards making arbitration even more attractive
On 6 October 2020, the International Court of Arbitration of the International Chamber of Commerce (the ICC Court) released a revised version of its Rules of Arbitration. The revised Rules will enter into force on 1 January 2021. They will apply to all arbitrations commenced on or after 1 January 2021, unless the parties "have agreed to submit to the Rules in effect on the date of their arbitration agreement" (Art. 6(1)). While the revisions of the Rules do not constitute major changes, it is important to be aware of them as they further enhance the transparency, flexibility, and efficiency of ICC arbitration.
Read moreInternational Court of Arbitration opens case management office in Abu Dhabi
The International Court of Arbitration of the International Chamber of Commerce (ICC Court) is opening a case management office for the ICC Court Secretariat located in the Abu Dhabi Global Market (ADGM).
Read moreThe International Chamber of Commerce (ICC) has announced record requests in 2020 for its arbitration and ADR services.
The world’s preferred arbitral institute, the ICC International Court of Arbitration recorded a total of 946 new arbitration cases in 2020 – the highest number of cases registered since 2016, when a complex cluster of small disputes effectuated a marked increase in the statistics.
Read moreArbitration of intellectual property and licensing disputes
Rights holders have traditionally turned to court litigation to protect IP rights such as patents, copyrights, trademarks and trade secrets – or to enforce IP licensing agreements. This brings certain challenges, such as a public forum, unfamiliar laws and procedures, judges with varying IP law expertise, concern for national interests, and the risk that a judgment cannot be enforced in other jurisdictions. Arbitration offers an alternative mechanism and has a number of advantages, including confidentiality, a neutral forum or a single forum, the ability to select arbitrators with technical expertise, symmetrical risk for licensors, and cross-border enforceability of arbitral awards. This chapter considers the viability and desirability of arbitration as a means of resolving cross-border IP and IP-related disputes with a focus on Asia.
Read moreWhat the ICC and LCIA rule changes mean for international arbitration in 2021
Following Brexit, international arbitration has become an even more appealing option for dealing with cross-border disputes, as discussed in a recent article. At least until the post-Brexit recognition and enforcement regime becomes clearer, parties may be inclined to take the arbitration route when it is available.
The London Court of International Arbitration (LCIA) and the International Chamber of Commerce (ICC) are two of the big players in cross-border arbitration – and both have made rule changes recently. These modifications may make arbitration more attractive, especially in the somewhat uncertain world in which we now find ourselves.
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