Party Autonomy definition

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Appointment arbitration tribunal secretary—Checklist

Appointment arbitration tribunal secretary—Checklist This Checklist provides a succinct analysis of the practical aspects of the role of a tribunal secretary. The scope of the Checklist is to guide legal practitioners on the main points to take into account when selecting and working with a tribunal secretary. The Checklist does not take a view on the appropriateness of appointing a tribunal secretary, which would have to be assessed by the parties and the arbitral tribunal on a case-by-case basis, see Practice Note: Tribunal secretaries in international arbitration—the advantages and disadvantages. The Checklist reflects the legal framework (mainly arbitration rules), case law/jurisprudence, soft law (guidelines and practice notes), professional experience and market practices. Taxonomy Tribunal secretary is an umbrella term for someone assisting an arbitral tribunal (sole arbitrator or a panel) during the arbitration proceedings. There are various terms for the same role: • ‘ad hoc clerk’ (see: CAS Procedural Rules 2023) • ‘administrative assistant’ (see: SIAC 2017) • ‘administrative secretary’ (see: ICC Note to Parties and Arbitral Tribunals on the...

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Stay of proceedings in favour of arbitration in Singapore

Stay of proceedings in favour of arbitration in Singapore Singapore’s dual arbitration regime Singapore has a dual arbitration regime (as discussed in Dalian Hualiang Enterprise Group Co Ltd v Louis Dreyfus Asia Pte Ltd [2015] 4 SLR 646 at [32] (not reported by LexisNexis® UK)).). The Singapore Arbitration Act 2001 (2020 Rev Ed) governs domestic arbitration while the Singapore International Arbitration Act 1994 (2020 Rev Ed.) governs international arbitration, whether seated in Singapore or abroad. Section 5(2) of the IAA sets out when an arbitration is international. Under both section 6 of the AA and section 6 of the IAA, Singapore courts have the power to stay court proceedings when a party to an arbitration agreement commences court proceedings against any other party to the agreement. The exercise of such a power is premised on the fact that an arbitration agreement exists between the two parties and that there is a dispute between the parties which falls within the remit of that arbitration agreement. AA,...

Comity and the court's inherent jurisdiction—application and effects

Comity and the court's inherent jurisdiction—application and effects Comity Comity is the general common law principle that courts will recognise and enforce foreign proceedings, provided that they are not: • contrary to public policy • contravening fundamental standards of procedural fairness • based on fraud/unfairness • giving effect to foreign penal laws (eg the US Securities Exchange Act 1934 had civil and criminal sanctions and its purpose was to prevent and punish specific acts and omissions) (Schemmer v Property Resources) In practice, it will only be used as a last resort in England where the following do not apply to assist a foreign office-holder making an inbound request for help from English courts: • Regulation (EU) 2015/848 (OJ L141 5.6.2015 p 19), Recast Regulation on Insolvency [EU Recast Regulation on Insolvency]. For example, if the foreign insolvency/restructuring proceedings were commenced after 11 pm on 31 December 2020 (see Practice Note: Brexit—impact on Recast Regulation on Insolvency [Archived]) • the UNCITRAL Model Law on Insolvency as implemented by...

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How might the European Commission proposal for new conflict of law rules for assigned claims impact the secondary loan market?

How might the European Commission proposal for new conflict of law rules for assigned claims impact the secondary loan market? Summary This Q&A refers to the European Commission’s proposal for a Regulation on the law applicable to the third-party effects of assignments (the Proposal) published on 12th March 2018, which could have an impact on the market for trading participations in syndicated and bilateral loans. Both of the Loan Market Association (LMA) and the City of London Law Society made representations asking for the Proposal to be shelved or at least amended to accommodate current market practice in the secondary loan market. Their representations are available on their respective websites. It is fair to say that in its original form the Proposal would have disrupted the secondary loan market by making due diligence on the part of a buyer much more complicated for the reasons given below. The UK indicated on 9 July 2018, shortly after publication of this Q&A, that it would not opt in...

In light of coronavirus (COVID-19), is arbitration preferable over litigation as a method of dispute resolution given the increased flexibility inherent in arbitration proceedings generally?

In light of coronavirus (COVID-19), is arbitration preferable over litigation as a method of dispute resolution given the increased flexibility inherent in arbitration proceedings generally? Clare Ambrose, Twenty Essex This is a ‘once in a generation’ challenge. We will see over the next months how the court system and the arbitration community respond. Arbitration is more flexible, and it is already common for directions to be made electronically, CMCs to be heard by telephone and disputes to be resolved by documents only. It is hoped that arbitration will be agile to meet the needs of parties. If so, and virtual hearings (or even partially virtual hearings) start to work well, then they will become an attractive feature. Corporations weathering this crisis will be mindful of resilience for the next one. Arbitration will be attractive if it is seen to work in times of crisis. If it becomes cheaper and more sustainable too then that must be a bonus. Hamish Lal, Akin Gump The tangible and significant impacts of...

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EU AI Act may lead to more M&A Arbitration

Law360: Artificial intelligence (AI) has been the financial story of the last year, with soaring valuations for AI businesses dominating the markets pages of the financial press. Unsurprisingly, AI companies have been the targets of merger and acquisition activity.

Arbitration weekly highlights—12 December 2024

This week's edition of Arbitration weekly highlights includes: a decision from the English Commercial Court concerning whether a clause constituted an arbitration agreement or not, coverage of arbitration-related decisions from Malaysia, Singapore and India and updates from UNCITRAL, LCIA, SIAC, HKIAC, JCAA, ICC, ITA, IEL. and BCLP publishing its 2024 International Arbitration Survey. All this, and more in our weekly highlights.