ICC Arbitration’s Post

✨Thrilled to share my latest article published in the ICC Dispute Resolution Bulletin on the assignment of arbitral awards! 🕵️♀️ Analysing the implications of the landmark CC/Devas v. India case and the Paris Court of Appeal’s decision from 10 September 2024 was truly fascinating. 💡 I highly recommend giving it a read if you’re interested in the twists and turns of the assignment of arbitral awards and the position of French Courts on this topic. ICC Arbitration #internationalarbitration #ICCBulletin #Frenchcourts

Interesting article on what we are seeing in the market in relation to the prevalence of what appear to be tactical reviews of arbitration awards in South African Courts from my colleagues Thethe Mokele, Evaendren Naidoo and myself.

Last week, Global Arbitration Review reported in a post that in the « latest Chartered Institute of Arbitrators (CIArb) Alexander Lecture, ICC Arbitration president Claudia Salomon discussed how arbitral institutions should not just administer cases but protect the integrity of the arbitral process, fairly control participation and access to justice and help parties navigate their way though the process ». I personally believe that the point of “not just administering cases” should also be sensible to organisations that are not arbitral institutions, but administer arbitrations, and this - as recommended during the aforesaid Lecture - with a view to constantly protecting the integrity of the arbitral process.

Report on costs of arbitration and apportionment of costs under the SCC Arbitration Institute Rules https://lnkd.in/dETxNri9 The SCC has released an update of its report on the costs of arbitration and apportionment of costs under the SCC Rules from 2016. The 2024 Report provides fresh data from 221 qualifying arbitral awards on the size of disputes, their duration, and costs, as well as how Arbitral Tribunals and Arbitrators have ultimately apportioned the costs of arbitration and costs for legal representation. For the first time, data on the SCC Rules for Expedited Arbitrations has been included. 📄https://lnkd.in/e8_WCZkN Jake Lowther

Statistics indicate that the usage of arbitration is in increase year after year as a successful alternative to State Courts to resolve commercial disputes, highlighting nearly global growth in major arbitral institutions’ registered cases by one-third in 2023 in comparison with 2022, making it a more preferred mechanism for resolving commercial disputes for lots of businesses comparing to ordinary State Courts. #Arbitration #ADR

A very interesting forum, indeed. Surprising however, to hear from the litigation/arbitration lawyers on the forum their dislike of two or three tier dispute resolution clauses. They actually referred to these as escalation clauses. Whereas in reality, they are in fact, de-escalation clauses. The whole idea of multi tier dispute resolution clauses is that parties agree in their contract that in case of disputes, they will first try to resolve these themselves, and if they are unsuccessful in doing so that they will call in the help of a professional mediator. And only if they still cannot resolve the issue ( but 80% of business disputes taken to mediation ARE resolved !!) will they commence an arbitration or litigation. I was also surprised to hear these litigation/arbitration lawyers saying that when their colleagues in M&A ask them last minute to advise which dispute resolution clause to incorporate in the contracts, they advise simple one tier arbitration clauses. On second thought, however I realized that litigation/arbitration lawyers are not the dealmakers within the firm. They are the army which is called in to fight whenever that is necessary. don’t get me wrong, they do an excellent job and are worth their weight in gold in case of a legal battle. And of course war is extremely expensive. But resolution should primarily be deal making. You need diplomats and dealmakers to close a deal, not the army. So when M&A lawyers want to decide on including a dispute resolution clause, they are perfectly capable of doing that themselves instead of asking the army!😊

We were delighted to see the Arbitration Bill make the cut in the Kings Speech today. This is great news for the UK as a leading global arbitral jurisdiction. With a strong judiciary, government support, and an exemplary arbitration infrastructure (not least the fantastic The IDRC), London and the UK is well placed to stay at the very top of the arbitration league tables. We at pinqDR are here to support and develop practice here in the UK, and in other modern arbitral jurisdictions around the world! #kingsspeech #arbitration #arbitrationbill #uklegal

A London event hosted by Mayer Brown discussed market trends in the selection of arbitral seats, recent English court decisions on anti-suit injunctions, and the expected impact of the UK’s pending arbitration reforms.

If you did not have the chance to listen to the panel on recent trends in enforcement of international arbitral awards during the Paris Arbitration Week, you can still read all about it on Kluwer Arbitration Blog!

In July, ICC announced the renewed leadership of Melanie van Leeuwen and delegations of its Arbitration and ADR Commission. Global Arbitration Review took a deeper dive into this news. Subject to any paywall restrictions you can access the full article here: https://lnkd.in/eg47dppE 🔗 #ICCArbitration #ICCCommissionArbitrationADR #WeAreICC