Institutional and Ad-hoc Arbitration

This note is an introduction to the China International Economic and Trade Arbitration Commission and the CIETAC Arbitration Rules 2012. Note that the CIETAC Arbitration Rules 2012 apply to arbitrations commenced on or after 1 May 2012. The 2005 Rules will continue to apply to arbitrations commenced before that date, unless the parties agree that the 2012 Rules should apply. See Practice note, A guide to the CIETAC Arbitration Rules (2005) for discussion about the 2005 Rules.

A Practice Note describing the necessary steps for conducting arbitration under the rules of the American Arbitration Association.

A note on the annulment of awards in ICSID arbitration.

A step-by-step guide to running an arbitration under the UNCITRAL Rules 1976, from preliminary steps to post-award.

Arbitration has become increasingly popular as a method for resolving sports disputes. The Court of Arbitration for Sport has emerged as the pre-eminent institution for sports arbitrations. This note provides an overview of the Ordinary Arbitration Procedure and the Appeals Arbitration Procedure before the Court of Arbitration for Sport, including the rules on appointing and removing arbitrators, commencing and conducting an arbitration, challenging awards and the costs of the arbitration.

This note describes the most significant features of the arbitral process in Germany, including the German law regarding arbitration agreements, the duties and powers of the tribunal, the role of state courts, and the challenge and enforcement of awards.

Links to the arbitration clauses of some of the UK’s commodity trade associations.

This note considers and comments upon commonly adopted institutional clauses.

A practice note analysing the fair and equitable treatment standard in international investment law, including comparisons with other standards of treatment.

A step-by-step guide to running an ICC arbitration, from preliminary steps to post-award, under the ICC Arbitration Rules 2012.

A Practice Note describing the necessary steps for conducting arbitration under the rules of the International Centre for Dispute Resolution.

A tracker outlining developments on issues relating to intra-EU bilateral investment treaties (intra-EU BITs), including their compatibility with EU law and the draft regulation on BITs between member states and third countries. The table tracks the positions taken by the European Commission, the Court of Justice of the European Union (ECJ), the European Parliament, arbitral tribunals and member states' courts.

This note sets out the usual steps in a London Court of International Arbitration (India) arbitration, providing links to relevant rules and practical guidance.

This practice note addresses the main features of maritime arbitrations under the LMAA Terms, and provides advice for parties at each stage of the arbitration.

A resource providing the text of, and links to, maritime arbitration clauses.

This practice note outlines some of the practical and cultural considerations when assessing dispute resolution mechanisms and the advantages of arbitration for China-related disputes. The note also describes the most significant features of the arbitral process, focussing in particular on international arbitration under both the 2012 and 2005 versions of the CIETAC arbitration rules. The options for arbitrating China-related disputes outside China, and the possible choice of alternative venues and arbitral rules, are also considered. Note: this note is currently under review in light of CEITAC's announcement suspending the Shanghai and South China subcommission's authorisation to administer CIETAC cases.

A resource providing the text of, and links to, institutional standard recommended arbitration clauses.

The aim of this practice note is to provide a practical guide to identifying, construing and relying upon umbrella clauses in bilateral investment treaties.

This note outlines the main features of a selection of major arbitration institutions, and offers a comparative guide, including a table illustrating the similarities and differences which arise at different stages of the arbitral proceedings.

An example Answer to Notice of Arbitration under the HKIAC Administered Arbitration Rules.

An example covering letter for a Notice of Arbitration under the HKIAC Administered Arbitration Rules.

This document is available in MS Word format. Click here to view it.

This document is available in MS Word format. Click here to view it.

This case study illustrates the commencement of an ICC arbitration (1998 Rules). It offers guidance on both: How to draft and file a Request for Arbitration. How to respond to the Request with an Answer, and (where appropriate), how to file a counterclaim.

This is an example covering letter to the ICC Secretariat, enclosing the Answer to a Request for Arbitration under the ICC Rules 2012. This document is available in MS Word format. Click here to view it.

This is an example covering letter to the ICC Secretariat, enclosing a Request for Arbitration under the ICC Rules 2012. This document is available in MS Word format. Click here to view it.

A Request for Arbitration under the LCIA Rules. Click here to view it.

Response to Request for Arbitration under the LCIA Rules, including counterclaim. Click here to view it.

This case study illustrates how to commence an arbitration under the LCIA rules. It provides guidance on: How to draft and file a Request for arbitration. How to respond to the Request with a Response, including (where appropriate) a counterclaim.

This is an example Statement of Defence and Counterclaim under the Arbitration Rules of the Singapore International Arbitration Centre and is available in MS Word format. Click here to view it.

This is an example covering letter to the Singapore International Arbitration Centre Registrar (SIAC), enclosing a Notice of Arbitration under the Arbitration Rules of the SIAC. This document is available in MS Word format. Click here to view it.

This is an example Response to Notice of Arbitration under the Arbitration Rules of the Singapore International Arbitration Centre and is available in MS Word format. Click here to view it.

This case study provides a worked example of the commencement of an international arbitration under the Arbitration Rules of the Singapore International Arbitration Centre. The case study consists of a Notice of Arbitration, together with a drafting note and a covering letter.

A sample order for directions in an international arbitration conducted by the London Court of International Arbitration (LCIA). This document is only available in MS Word format. Click here to view it.

This case study provides a worked example of a draft order for an interim request for security for costs under the Arbitration Rules of the Singapore International Arbitration Centre, with integrated drafting notes.

An arbitration clause for an administered arbitration under the auspices of CIETAC, based on CIETAC's suggested wording.

The London Rice Brokers Association's (LRBA's) standard arbitration clause.

The Sugar Association of London's (SAL's) standard arbitration clause.

A flowchart showing all the stages of a CIETAC arbitration, based on the CIETAC Arbitration Rules 2012. For more detailed guidance, see Practice note, A guide to the CIETAC Arbitration Rules (2012).

A table outlining the key differences between the ICC Rules of Arbitration 1998 and the ICC Rules of Arbitration 2012. Please click here to view the chart.

A comparative table on evidence under the LCIA, ICC, ICDR, SCC and UNCITRAL arbitration rules.

A Checklist explaining how to choose an arbitration panel for industry disputes (particularly employment-related disputes) or customer/ investor cases (on behalf of the respondent firm or broker-dealer) under the FINRA Code of Arbitration Procedure for Industry Disputes and the FINRA Code of Arbitration Procedure for Customer Disputes.

A flowchart showing all the stages of an ICC arbitration (2012 Rules). For a more in-depth look at the procedure in an ICC arbitration (2012 Rules), please see ICC arbitration (2012 Rules): a step-by-step guide.

A flowchart showing all the stages of an ICSID arbitration. For a more in-depth look at the procedure in an ICSID arbitration, please see ICSID arbitration: a step-by-step guide.

A flowchart showing all the stages of an LCIA arbitration. For a more in-depth look at the procedure of an LCIA arbitration, please see LCIA arbitration: a step-by-step guide.

A flowchart showing all the stages of an UNCITRAL arbitration, based on the UNCITRAL Arbitration Rules 2010. For more detailed guidance, see Practice note, Arbitrating under the UNCITRAL Rules 2010.

An article linking out to some of the arbitration institution statistics for 2012.

An article highlighting the key arbitration-related developments in France in 2012/2013. 

An article highlighting the key arbitration-related developments in the Netherlands in 2012/2013. 

An article highlighting the key arbitration-related developments in Sweden in 2012/2013. 

An article highlighting the key arbitration-related developments in the UAE in 2012/2013. 

An article highlighting the key arbitration-related developments in Africa in 2012/2013. 

An article highlighting the key arbitration-related developments in Hong Kong in 2012/2013. 

2012 has seen a number of changes in the international arbitration landscape, including rule changes, legislative developments and important caselaw. PLC Arbitration has reviewed the year's developments and selected ten of the most important.

This chapter provides an overview of the 2012 revisions to the Swiss Rules of International Arbitration and the ICC Rules of Arbitration. In particular, it: summarises the main amendments to the two sets of rules that deal with efficiency considerations; examines mechanisms aimed at complex arbitrations; and discusses provisions relating to the emergency arbitrator. This article is part of the PLC Arbitration multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

This chapter outlines how the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules 2012 differ from the previous rules governing CIETAC, and considers the practical implications of the changes. This article is part of the PLC Arbitration multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

An article highlighting the key arbitration-related developments in India in 2011. 

A number of arbitration-related developments are expected in 2012. This article highlights key areas to watch.

The Supreme Court has unanimously overturned the Court of Appeal's decision in Jivraj v Hashwani, deciding that UK anti-discrimination laws do not apply to the appointment of arbitrators ([2011] UKSC 40).

An examination of developments in international arbitration over the last five years in some of the key jurisdictions across the globe.

An article highlighting the key arbitration related developments in India in 2010/11.

A number of arbitration related developments are expected in 2011. The key areas to watch are highlighted in this article.

A number of arbitration-related developments are expected in the second half of 2010. The key areas to watch are highlighted in this article.

This note highlights the arbitration related developments expected in the second half of 2009.

This article explains how the International Chamber of Commerce's pre-arbitral referee procedure works, and considers its value for contracting parties.

An examination of the differences between arbitration and litigation and the particular advantages that arbitration offers.

An article highlighting the key arbitration-related developments in Switzerland in 2011/2012. 

The Democratic Republic of Sao Tome and Principe has ratified the ICSID Convention.

The Chartered Institute of Arbitrators (CIArb) has announced plans to launch a new property disputes service, which offers arbitration and alternative dispute resolution (ADR).

A new Indian arbitration centre in Bangalore has been set up by the High Court of Karnataka and is expected to open in December 2013.

The Istanbul Arbitration Centre is planning to open from 1 January 2014.

On 10 April 2013, Montenegro ratified the ICSID Convention.

On 27 March 2013, the Jerusalem Arbitration Center (JAC), founded by the International Chamber of Commerce (ICC), was inaugurated.

The Qatar International Center for Conciliation and Arbitration (QICCA) and the Australian Centre for International Commercial Arbitration (ACICA) have signed a co-operation agreement to boost investment.

In Accession Mezzanine Capital LP and another v Hungary (ICSID Case No ARB/12/3), an ICSID tribunal considered Hungary's preliminary objection that certain claims were manifestly without legal merit, under ICSID Arbitration Rule 41(5).

The UNCITRAL Working Group II (Arbitration and Conciliation) continued its discussions  in New York between 4-8 February 2013. At the 58th session, the working group finalised the draft rules on transparency in treaty-based investment arbitration.

The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) has published a review of SCC Board decisions on challenges to arbitrators between 2010 and 2012.

The International Centre for Settlement of Investment Disputes (ICSID) Secretariat has published a new issue of the ICSID Caseload Statistics.

On 31 December 2012, the Chinese International Economic and Trade Arbitration Centre (CIETAC) made an announcement regarding its relationship with the Shanghai and South China sub-commissions.

On 30 November 2012, a conference on the establishment of an Istanbul international arbitration centre took place in Ankara.

In Tethyan Copper Company Pty Ltd v Pakistan (ICSID Case No ARB/12/1), an ICSID tribunal considered an application for provisional measures under Article 47 of the ICSID Convention.

We have published a new case study illustrating an application for interim measures under the Arbitration Rules of the Singapore International Arbitration Centre.

The United States District Court for the Southern District of New York has confirmed an ICSID arbitration award against Argentina. The court dismissed Argentina's objections that there was a lack of subject matter and personal jurisdiction, and that enforcement should be barred due to deficient authority, res judicata, and expiration of the statute of limitations.

The German Arbitration Institute (DIS) has opened an office in Berlin.

In Bureau Veritas, Inspection, Valuation, Assessment and Control BIVAC BV v The Republic of Paraguay (ICSID Case No ARB/07/9), an ICSID tribunal has stayed proceedings in order to give the claimant an opportunity to commence local court proceedings under the relevant contract.

The UNCITRAL Working Group II (Arbitration and Conciliation) continued its discussions on transparency in treaty-based investment arbitration in Vienna between 1 - 5 October 2012.

The ICC has published its 2012 Commission report on arbitration involving states and state entities under the ICC Rules of Arbitration.

Freshfields Bruckhaus Deringer In the latest development on the relationship between the Chinese International Economic and Trade Arbitration Centre (CIETAC) and its sub-commissions, on 1 August 2012, CIETAC announced the suspension of its Shanghai and South China sub-commissions from accepting and administering arbitration cases.  

We have added further materials to the case study on commencing an international arbitration under the Arbitration Rules of the Singapore International Arbitration Centre. (Free access.)

The International Center for Settlement of Investment Disputes (ICSID) has published a report on annulment proceedings at ICSID.

The China International Economic and Trade Arbitration Commission (CIETAC) has announced that it has suspended its authorisation for the Shanghai and South China sub-commissions for accepting and administering arbitration cases.  

In EDF International SA and others v Argentine Republic (ICSID Case No ARB/03/23), an ICSID tribunal considered whether the claimants could rely on a Most Favoured Nation (MFN) clause in the bilateral investment treaty between France and Argentina to incorporate an umbrella clause from another treaty entered into by Argentina. 

In Fraport AG Frankfurt Airport Services Worldwide v Philippines (ICSID Case no ARB/11/12) (Procedural order no 1), an ICSID tribunal considered the effect of the annulment of an award in a previous arbitration between the parties. It also considered issues arising out of an ICC arbitration on the same subject matter but between related parties.

An ICSID tribunal has considered whether Guatemala's interference with railroad concessions granted to Railroad Development Corporation breached the minimum standard of treatment provision under the Dominican Republic - Central America Free Trade Agreement.

UNCITRAL has adopted the UNCITRAL Recommendations to assist arbitral institutions and other interested bodies in arbitration under the UNCITRAL Arbitration Rules 2010.

Kamal Shah (Partner) and Matthew Harley (Trainee Solicitor), Stephenson Harwood LLP On 1 June 2012, the Kigali International Arbitration Centre (KIAC) was launched with over 400 guests in attendance, including the Rwandan Prime Minister, Pierre Damien Habumuremyi.

PLC has published a checklist setting out the steps to be taken when choosing an arbitration panel for industry disputes under the FINRA Code of Arbitration Procedure for Industry Disputes and the FINRA Code of Arbitration Procedure for Customer Disputes.

The International Swaps and Derivatives Association (ISDA) Law Reform Committee held a meeting in Singapore last week to discuss the use of arbitration for derivative disputes.

In Pac Rim Cayman LLC v Republic of El Salvador (ICSID Case No. ARB/09/12), an ICSID tribunal considered challenges to its jurisdiction to hear claims under CAFTA.

We have added further materials to the case study on commencing an international arbitration under the Arbitration Rules of the Singapore International Arbitration Centre. (Free access.)

Olof Rågmark, Partner, Advokatfirman Delphi, Stockholm The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) has announced its 2011 caseload statistics and launched a new Swedish Arbitration Portal which provides free access to English translations of Swedish court decisions on arbitration issues.

In Libananco Holdings Co Ltd v Republic of Turkey (ICSID Case No ARB/06/8, Annulment proceeding), an ICSID ad hoc committee considered whether to continue a stay of enforcement of part of an award on jurisdiction, pending the outcome of the investor's application for annulment of the award.

The International Chamber of Commerce (ICC) has announced the appointment of a new Secretary General at the ICC International Court of Arbitration.

PLC Arbitration has reviewed and amended its materials to reflect the recent launch of CIETAC's arbitration rules 2012, which came into force on 1 May 2012. (Free Access.)

On 18 April 2012, Hagit Elul of Hughes Hubbard & Reed LLP spoke in a PLC US webinar about prohibiting class arbitration in the US. The webinar is now available on demand, and we have also published a standard clause on prohibiting class arbitration in the US, authored by Hagit Elul. (Free access.)

South Sudan has ratified the ICSID Convention.

The Kuala Lumpur Regional Centre for Arbitration has issued a new version of its fast track arbitration rules.

In ConocoPhillips Company et al v Bolivarian Republic of Venezuela (ICSID Case no ARB/07/30), two arbitrators rejected a challenge to the third based on the merger of the third arbitrator's law firm.

PLC Arbitration has added further materials to the case study on commencing an international arbitration under the Arbitration Rules of the Singapore International Arbitration Centre. (Free access.)

Natalia Belomestnova (Senior associate), Goltsblat BLP The International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (ICAC) has published its statistics for the year 2011.

In ICS Inspection and Control Services Ltd (United Kingdom) v Argentine Republic (PCA Case No 2010-9) (Award on Jurisdiction) (10 February 2012), a tribunal at the Permanent Court of Arbitration in the Hague considered whether the claimant could rely on the "most favoured nation" clause in the Argentina-UK bilateral investment treaty to import a more favourable dispute resolution provision from the Argentina-Lithuania bilateral investment treaty.

Leonie Parkin (Associate) and Jide Adesokan (Legal Assistant) Stephenson Harwood The Rwandan Private Sector Federation (PSF) is set to open an international arbitration centre in its capital, Kigali, called the Kigali International Arbitration Centre (KIAC).  KIAC was established by statute in 2011 and one of its key purposes is to promote the resolution of commercial disputes by arbitration and alternative dispute resolution. 

The International Chamber of Commerce Court is to open an office in New York. (Free access.)

Venezuela has officially denounced the ICSID Convention. (Free access.)

PLC Arbitration has published a case study on commencing an international arbitration under the Arbitration Rules of the Singapore International Arbitration Centre. (Free access.)

PLC Arbitration has published a case study on commencing an arbitration under the ICC Rules of Arbitration 2012, which came into force on 1 January 2012.

PLC Arbitration has published a tracker outlining previous UNCITRAL Working Group II (Arbitration and Conciliation) meetings. (Free access.)

The UNCITRAL Working Group II (Arbitration and Conciliation) continued its discussions about transparency in treaty-based investment arbitration in Vienna between 3 and 7 October 2011.

On 1 January 2012, the International Centre for Settlement of Investment Disputes (ICSID) will revise its Schedule of Fees.

PLC Arbitration has published two useful resources that provide the text of and links to maritime and reinsurance arbitration clauses. (Free access.)

Andrew Robertson (Partner), Piper Alderman On 1 August 2011, the Australian Centre for International Commercial Arbitration launched its revised rules, which include a new emergency arbitrator procedure.

PLC Arbitration has reviewed and amended its materials to reflect the recent launch of the International Chamber of Commerce revised Rules of Arbitration 2012, which will come into force on 1 January 2012. (Free Access.)

Eduardo Damião Gonçalves (Partner), Flávio Spaccaquerche Barbosa (Associate), and Diego Nocetti (Associate), Mattos Filho Advogados On 19 and 20 September 2011, the Brazilian Arbitration Committee (Comitê Brasileiro de Arbitragem (CBAr)) hosted its 10th annual Arbitration Congress, one of the most important Brazilian arbitration events in recent years. The Congress was held in Brasília, home to the Supreme Federal Court, the Superior Court of Justice, the National Council for Justice and a number of other government entities and departments.

Agnieszka Wojciechowska (Associate) and Tomasz Sychowicz (Junior Associate), K&L Gates, Warsaw In September 2011, three important arbitration events took place in Poland: the inaugural meeting of the Young Arbitration Forum, the 3rd Annual Arbitration Conference and two debates on arbitration arranged within the European Forum For New Ideas.

PLC Magazine has published an article on the International Chamber of Commerce revised Rules of Arbitration 2012, which will come into force on 1 January 2012. The article is written by Julianne Hughes-Jennett and Michael Davison of Hogan Lovells International LLP.

The International Chamber of Commerce (ICC) has launched its revised Rules of Arbitration, which will come into force on 1 January 2012.

In Abaclat and others v Argentina (ICSID Case No ARB/07/5), an ICSID tribunal confirmed that collective claims were within the jurisdiction of the tribunal and also admissible. (Free access).

The Chamber of Arbitration of Milan (CAM) has released guidelines on transparency in international commercial arbitration, which follows the revision of CAM's Arbitration Rules in January 2010.

The International Centre for Settlement of Investment Disputes (ICSID) Secretariat has published a new issue of the ICSID Caseload Statistics. (Free access).

In Impregilo SpA v Argentina Republic (ICSID Case No ARB/07/17), an ICSID tribunal considered whether the claimant could rely on the "most favoured nation" clause in the Argentina-Italy bilateral investment treaty to import a more favourable dispute resolution provision from the Argentina-US bilateral investment treaty.

PLC Arbitration has published a new Practice note, LCIA India arbitration: a step-by-step guide, authored by Stephenson Harwood and the Registrar of LCIA India. The note sets out the usual steps in an LCIA India arbitration, providing links to relevant rules and practical guidance. (Free access.)

In Universal Compression International Holdings SLU v Bolivarian Republic of Venezuela (ICSID Case No ARB/10/9), the chairman of the ICSID Administrative Council has rejected requests to disqualify Professor Brigitte Stern and Professor Guido Santiago Tawil, which had been made on the basis that Stern had been repeatedly appointed by the respondent and that Tawil had acted as co-counsel with the claimant's lawyers on previous occasions.

John Choong (Senior Associate), Freshfields Bruckhaus Deringer LLP The Hong Kong International Arbitration Centre (HKIAC) has appointed a new Chairman, Huen Wong, to take over the role from Michael Moser, who held the position for an extended period of four years.

Moldova has ratified the ICSID Convention.

In Alps Finance and Trade AG v Slovak Republic (Switzerland/Slovak BIT) Award (redacted version), 5 March 2011, an UNCITRAL tribunal has adopted a purposive approach to the interpretation of a clause deferring arbitration for six months to allow parties to attempt to settle the dispute. It has also considered the question of whether an assignment may qualify as an investment by reference both to the definition in the applicable bilateral investment treaty and general international law criteria.

On 24 March 2011 Costa Rica's Legislative Assembly approved the Law on International Commercial Arbitration, based on the UNCITRAL Model Law. The law will have effect once published in the country's official gazette.

Maxim Kulkov (Partner), Goltsblat BLP On 10 March 2011 the Federal Arbitrazh Court of the North-West District confirmed the enforcement of a Stockholm Chamber of Commerce (SCC) award in a Norwegian-Russian dispute.

Sverker Bonde (Partner), Delphi, Sweden The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) has reported on the four emergency arbitrator applications which were made during 2010 under its revised rules. Of the four requests for interim measures, one was granted by the emergency arbitrator.

The IBA Guidelines for Drafting International Arbitration Clauses are now available online. The guidelines inform drafters of the choices available and the pitfalls to avoid when drafting international arbitration clauses. (Free access.)

UNCITRAL has published its report on the Arbitration and Conciliation Working Group's 54th session between 7 and 11 February 2011, on the subject of transparency in treaty-based investor-state arbitration.

In Frontier Petroleum Services Ltd v Czech Republic (Final award, PCA, UNCITRAL Arbitration Rules, 12 November 2010), the tribunal considered whether the Czech Republic was in breach of its obligations under a bilateral investment treaty as a result of the Czech courts' refusal to recognise and enforce an international arbitration award on grounds of public policy under the New York Convention.

The ICSID Secretariat has published a new issue of the ICSID Caseload Statistics.

The State of Qatar and Cape Verde have ratified the ICSID Convention.

In Global Trading Resource Corp and Globex International Inc v Ukraine (ICSID Case ARB/09/11), the tribunal dismissed claims pursuant to Rule 41(5) of the ICSID Arbitration Rules.

Funke Adekoya (Partner), ǼLEX The LCIA African Users Council held its first ever meeting in Accra, Ghana from 4 – 5 November 2010. The event, supported by the Ghana Arbitration Centre, had about 180 delegates in attendance representing countries in East and Central Africa, as well as countries in Europe.

An ICSID tribunal considered whether to make a decision on costs in a procedural order for discontinuance of the proceedings in Quadrant Pacific Growth Fund LP and Canasco Holdings Inc v Republic of Costa Rica (ICSID Case No ARB (AF)/08/1).

Publication of Practice note, Arbitrating under the UNCITRAL Rules 2010.

The UNCITRAL Working II has resumed its discussions on transparency in treaty-based investor-state arbitration. (Free access.)

The State of Qatar has signed the ICSID Convention.

The ICSID Secretariat has published a new issue of the ICSID Caseload Statistics.

The KLRCA has adopted the UNCITRAL Arbitration Rules 2010.

Key amendments introduced by the UNCITRAL Arbitration Rules 2010.

An update on Helnan International Hotels A/S v Arab Republic of Egypt (ICSID Case No ARB/05/19) (Annulment proceeding) in which the tribunal partially annulled an award for requiring exhaustion of local remedies.

An update on the publication of the new UNCITRAL Arbitration Rules.

An update on Sempra Energy International v The Argentine Republic (ICSID Case No ARB/02/16) (Annulment proceeding), in which the tribunal granted Argentina's application for annulment.

An update on the revised UNCITRAL Arbitration Rules produced by Working Group II.

Publication of a new Practice note, ICDR arbitration: a step-by-step guide.

An update on Railroad Development Corporation (RDC) v Republic of Guatemala (ICSID Case No ARB/07/23), in which an ICSID tribunal considered challenges to jurisdiction based on rationae temporis and rationae materiae.

Irina Nazarova (Managing Partner), EnGarde Attorneys at Law On 13 May 2010, Kiev hosted an international conference entitled "International Arbitration Court ICC: opportunities for Ukrainian business". The conference was organised by International Chamber of Commerce Ukraine (an ICC national committee) and a local conference company.  

Sverker Bonde, (Advokat and Senior Associate), Advokatfirman Delphi, Stockholm The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) has released statistics of the number of new cases filed with the SCC during the first four months of 2010, which include the first decision rendered under the new Emergency Arbitrator provision.

An update on the conclusion of a co-operation agreement between the PCA and ACICA in May 2010.

An update on a new arbitration centre launched in Cyprus.

Publication of an ICDR arbitration flowchart.

An update on an increase in the ICC's arbitration costs and fees.

An update on the latest developments by the IBA Arbitration Committee.

An update on the ICC's new checklist for drafting ICC arbitral awards.

An update on Giovanna a Beccara and others v Argentina (ICSID Case No ARB/07/05) - Procedural Order No 3 (Confidentiality Order) of 27 January 2010, which considered confidentiality orders in an ICSID arbitration.

Therese Villard (Associate) and Polina Permyakova (Associate), Delphi The revised SCC Arbitration Rules entered into force on 1 January 2010. The new Rules introduce a number of changes, the most significant being the provision for an emergency arbitrator to order interim measures.

An update on amendments made to the ICC Statement of Acceptance, Availability and Independence for arbitrators.

An update on The Rompetrol Group NV v Romania (ICSID Case No ARB/06/3), which concerned the power of an ICSID tribunal to order the removal of counsel.

An update on a new arbitration centre in the Kingdom of Bahrain.

James Clark (Associate), Herbert Smith LLP A report highlighting the most significant arbitration related developments in France in 2009.

An update on Cemex Caracas Investments BV and another v Bolivarian Republic of Venezuela (ICSID Case No ARB/08/15) which concerned a decision on a challenge to an arbitrator in ICSID proceedings.

An update on three recent decisions on arbitrator challenges in ICSID arbitrations.

An update on an increase to the AAA's Standard Fee Schedule.

An update on annulment proceedings and an application for a stay of enforcement in Continental Casualty Company v The Argentine Republic (ICSID Case No ARB/03/9).

A sample provisional timetable in an international arbitration conducted under the ICC Rules of Arbitration.

An update on EDF (Services) Ltd v Romania (ICSID Case No ARB/05/13), which concerned attribution of state responsibility for bribes.

Polina Permyakova (Associate), Delphi On 11 September 2009, the Board of the SCC Arbitration Institute held its annual meeting to discuss issues relating to regular case management - such as appointment and challenge of arbitrators, prima facie decisions on jurisdiction, advances on costs of arbitration, and various other matters of importance.

Ruth Byrne (Solicitor Advocate), Herbert Smith LLP As Jan Paulsson's second three-year term as President of the LCIA draws to a close, it has been announced that Professor William ("Rusty") W Park will succeed him to the post in July 2010.

An update on the International Institute for Conflict Prevention & Resolution's new online rating system for arbitrators and mediators.

An update on Azurix Corp. v The Argentine Republic (ICSID Case No ARB/01/12) (Annulment proceeding), in which an ad hoc committee considered Argentina's application for annulment of the award.

An update on Brandes Investment Partners, LP v Bolivarian Republic of Venezuela (ICSID Case No ARB/08/3), in which the tribunal considered the respondent's preliminary objection that the claim was manifestly without legal merit, under ICSID Arbitration Rule 41(5).

John Choong (Senior Associate), Freshfields Bruckhaus Deringer LLP The Hong Kong International Arbitration Centre (HKIAC) has recently launched an enhanced website.

Marinn F. Carlson (Partner) and Aaron J. Wredberg (Associate), Sidley Austin LLP In Europe Cement Investment & Trade S.A. v. Republic of Turkey, ICSID Case No. ARB(AF)/07/2 (ECT), an ICSID tribunal declined jurisdiction over a claim brought by a Polish company against the Republic of Turkey. The case presented the "unusual circumstance" in which both parties argued that the case should be dismissed for lack of jurisdiction, although the parties disagreed on the precise basis for the lack of jurisdiction and the effects of dismissal. The tribunal determined that Europe Cement had abused the arbitral process with an apparently fraudulent claim to ownership of two Turkish electricity companies. The tribunal dismissed the case and ordered Europe Cement to pay Turkey's full costs of the arbitration, although it declined to award moral damages to Turkey.

Olof Ragmark (Partner), Delphi A survey, conducted by Taylor Wessing LLP, has confirmed, amongst other things, that arbitration is the overall preferred method of dispute resolution and that the SCC is the most keenly supported arbitration institution amongst its users, followed by the LCIA.

An "Ask the Team" concerning whether an ICC arbitration can be terminated on the basis that one of the parties has been injuncted from proceeding further with it.

John Choong (Senior Associate), Freshfields Bruckhaus Deringer LLP CIETAC recently moved its headquarters to new offices at the China Chamber of International Commerce Building. The move is reported to result in improved facilities for parties conducting arbitrations at CIETAC's premises. In recent years CIETAC has become one of the busiest arbitral institutions in the world and in 2008 established a new record by accepting 1230 cases.

Marinn F. Carlson (Partner) and Joshua M. Robbins (Associate), Sidley Austin LLP In Saipem v. Bangladesh, ICSID Case No. ARB/05/7, 30 June 2009, the tribunal awarded damages to compensate Saipem, an Italian oil and gas construction company, based on a finding that the Bangladeshi courts illegally expropriated Saipem's right to have an ICC arbitral tribunal determine the residual value of its contract.

Ruth Byrne (Solicitor Advocate), Herbert Smith LLP In Dallah Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan [2009] EWCA Civ 755, the Court of Appeal confirmed a 2008 Commercial Court decision refusing enforcement of a French ICC award on the grounds that Pakistan was not party to the relevant arbitration agreement.

Bree Farrugia (Solicitor Advocate), Herbert Smith LLP As of 17 August 2009, the ICC Court will require arbitrators agreeing to serve in ICC proceedings to disclose details confirming their availability, in addition to their independence.

An update on the ICC Court requesting arbitrators to disclose details of their availability and independence.

An update on Saipem SpA v The People's Republic of Bangladesh (ICSID Case No ARB/05/7), in which the tribunal considered whether the intervention of the Bangladeshi courts in an ICC arbitration amounted to expropriation.

An update on Burlington Resources Inc and others v Republic of Ecuador and Empresa Estatal Petróleos del Ecuador (Petroecuador) (ICSID Case No ARB/08/5) which was concerned with provisional measures in ICSID arbitration.

An update on the Republic of Kosovo joining ICSID.

Irina Nazarova (Managing Partner), EnGarde Attorneys at Law Swiss-based gas trader RosUkrEnergo has commenced two SCC arbitrations against Ukrainian national stock company Naftogaz. RosUkrEnergo claims Naftogaz has failed to honour contractual obligations for the lifting and transportation of natural gas from underground gas terminals.

An update on SIAC's review of its 2007 arbitration rules.

Ruth Byrne (Solicitor Advocate), Herbert Smith LLP In May 2009, the German arbitration institute (DIS) launched a regional group in London. At the inaugural meeting of the group, guest speakers Karl-Heinz Boeckstiegel, chair of the DIS board, and Siegfried Elsing, spoke about the history of the DIS and its aspirations in establishing itself in London.

John Choong (Associate), Freshfields Bruckhaus Deringer LLP On 1 May 2009, CIETAC's Online Arbitration Rules came into force with the stated aim of providing parties with an effective and economical arbitration service. Notable features include provision for documents-only arbitrations, electronic communications and hearings by video conference, and also varying time frames to allow for the speedier resolution of disputes.

An update on Ecuador's withdrawal from ICSID.

An update on Siag and Vecchi v Egypt (ICSID Case No ARB/05/15), which concerned the timing of jurisdictional challenges in an ICSID arbitration.

An update on the launch of a regional group in London by DIS.

An update on the opening of a London Court of International Arbitration (LCIA) branch in New Delhi.

An update on Malaysian Historical Salvors SDN BHD v Malaysia (ICSID Case No. ARB/05/10), Decision on the Application for Annulment), which considered the meaning of "investment" for the purposes of article 25 of the ICSID Convention.

An update on the publication of a proposal by the SCC to amend its arbitration rules by providing for an emergency arbitrator to deal with interim measures.

An update on the publication of a new practice note by SIAC.

An update on the 50th Session of the UNCITRAL Working Group II regarding the revisions to the UNCITRAL arbitration rules.

Publication of a case study on commencing LCIA arbitration.

Publication of an ICSID arbitration flowchart.

Publication of an ICC flowchart

An update on the new rules of arbitration of the Court of Arbitration of Madrid.

An update on Wintershall Aktiengesellschaft v Argentine Republic (ICSID Case No ARB/04/14), which considered the scope and effect of a "most favoured nation" clause.

An update on Hrvatsa Elektroprivreda, dd v Republic of Slovenia (ICSID Case No ARB/05/24), which considered the power of an ICSID tribunal to exclude a barrister instructed by one of the parties.

An update on an interim award in UNCITRAL arbitration proceedings, Chevron Corporation and Texaco Petroleum Corporation v The Republic of Ecuador UNCITRAL (US/Ecuador BIT).

An update on the opening of the ICC Secretariat office in Hong Kong.

An update on the translation of the SCC Rules into Arabic.

Publication of Practice note, Arbitrating under the UNCITRAL Rules.

A new Chinese European Arbitration Centre (CEAC) was inaugurated on 18th September 2008 in Hamburg. The centre will administer China-European trade disputes and offers the services of an institutional arbitration centre. CEAC has been tailor-made to the needs of trade with China and grants equal power to Chinese, European and worldwide participants in the market. The centre aims to provide a neutral dispute resolution process to enhance and facilitate China-related trade and investment matters for the international business and legal community worldwide. Click here to access CEAC's website which provides further information on their services, including arbitration rules, arbitration clause and choice of law clause, costs and information on arbitrators.

An ICSID tribunal has concluded that the measures taken by Argentina during the economic crisis of 2001-2002 did not have any adverse impact on the Chilean claimants' bus manufacturing and finance business. In Metalpar SA and Buen Aire SA v The Argentine Republic (ICSID Case No ARB/03/5), the claimants failed to establish any breach of the protections afforded to them under the Argentina-Chile BIT. The tribunal held that the claims should be dismissed in any event, because there was no evidence that the claimants' investments were adversely affected by the economic measures. The claimants were aware of the economic and political problems which Argentina had experienced in the past and, with a little diligence, could have discovered that a further crisis may ensue. After the economic crisis, the performance of the claimants' business had improved significantly. Whilst this may have been due to various factors, there was no doubt that steps taken by Argentina constituted a beneficial environment for the claimants' business to make a speedy recovery. The case is interesting in view of the distinction drawn by the tribunal regarding other ICSID claims against Argentina. In other claims, the contractual relationship between investor and host state engendered a higher degree of "legitimate expectation" that the political, legal and economic framework would be maintained. Here, the claimants' representatives were international business people, with knowledge and experienc

In Duke Energy Electroquil Partners & Electroquil SA v Republic of Ecuador (ICSID Case No. ARB/04/19), the claimant referred to ICSID arbitration claims for both breach of contract (pursuant to an express arbitration agreement) and for breach of the US-Ecuador BIT. The tribunal accepted that it had jurisdiction both under the arbitration agreement and under the BIT and determined those claims which fell within either the arbitration agreement or the BIT. The tribunal's award is an interesting example of a tribunal assuming "cumulative jurisdiction" pursuant to both an arbitration agreement and a BIT. The tribunal described the jurisdictional issue as complex, but ultimately accepted that there was no reason why a state party's consent to arbitration might not be expressed in both an arbitration agreement and a BIT. Fortunately, there was no conflict between the terms of the arbitration agreement and the BIT, and the tribunal did not therefore have to determine which took precedence.

The International Bar Association has announced a review of the Rules of Evidence in International Commercial Arbitration. A special subcommittee (headed by Richard Kreindler) will consider possible improvements, including amendments to address e-disclosure and investment treaty arbitration. The review is due to be completed by autumn 2009 to coincide with the 10th anniversary of the rules. The arbitration community will be surveyed via the IBA listserv and there will be an open forum at the IBA conference in Buenos Aires in October 2008. Source: Global Arbitration Review

In LG&E v Argentina (ICSID Case No. ARB/02/1), the tribunal considered an application for a supplementary award, made pursuant to article 49 of the ICSID Convention and rule 49 of the ICSID Arbitration Rules. (For further discussion of supplementary decisions, see Practice note, Procedure in ICSID arbitration.) The tribunal had made a procedural order imposing a "cut off" date for the calculation of damages, without prejudice to the right of the claimant to advance further claims in separate proceedings in respect of any breach after that date. The claimant had contested this order, and had submitted evidence in support of losses said to have been suffered after the cut-off, but the tribunal refused to consider this evidence, holding that it was contrary to their procedural order and that the respondent had no opportunity to comment upon it.Following the tribunal's award, the claimant applied for a "supplementary award" in respect of losses said to have been incurred after the cut-off. Dismissing the application, the tribunal held that the purpose of article 49 was to permit the tribunal to address questions which it had "omitted" to deal with. Here, the tribunal had not omitted to address the question of post-cut off losses. It had imposed the cut-off date as a matter of procedural due process, and the claimant's proper remedy was to commence new proceedings seeking to recover any post-cut-off losses. The award is a helpful reminder of the limits and proper purpo

The ICC has announced the opening, in October, of a hearing centre in Paris. The centre will be available for all ad hoc or institutional arbitrations, or for the conduct of ADR. Further details are available on the ICC hearing centre website.

The LMAA (London Maritime Arbitrators Association) has published increases to some of its Small Claims Fees, with effect from 1 July 2008. The Small Claims Proceedure applies to claims not exceeding US$50,000 (or a higher amount, if the parties agree). The basic fee payable to the arbitrator has increased from £1,750 to £2,000, and the additional fee payable where the counterclaim exceeds the claim has increased from £1,000 to £1,250. The limitation on costs in favour of the successful party has increased from £2,500 to £2,750. Where the counterclaim exceeds the amount of the claim, the limitation on costs has increased from a maximum of £3,000 to £3,250 for a claim and counterclaim. For a full list of the fees, see the Note on Fees on the LMAA website.

The Hong Kong International Arbitration Centre has appointed barrister Gary Soo as its new Secretary General. He will take up his post on 1 September 2008, replacing Christopher To. As well as practising at the Bar, Mr Soo is a chartered engineer and the president of the Hong Kong Institute of Arbitrators. He also has extensive expertise in domain name disputes. Source: Global Arbitration Review.

In Suez and others v Argentina (Case Nos ARB/03/19 and ARB/03/17) Argentina challenged the independence and impartiality of one of the arbitrators, on the basis that she was a non-executive director of a bank, which was a shareholder in two of the claimant companies, and had failed to disclose this information.The challenge, which followed an earlier failed challenge against the same arbitrator, also failed. In giving their decision, the Tribunal provide a helpful summary of the standard required to succeed in a challenge to impartiality or independence. The Tribunal confirmed that a connection between the arbitrator and the bank in question was not, of itself, sufficient to establish manifest impairment of the arbitrator's independence and impartiality. The alleged connection must be evaluated qualitatively, and the Tribunal set out four criteria they considered necessary to evaluate the effect of an alleged connection on an arbitrator's independence and impartiality. Whilst challenges to an arbitrator's independence and impartiality are relatively rare, parties should be aware of the possibility of opportunistic challenges by parties trying to delay the proceedings. Given the number of connections a well established arbitrator, operating in an international arena is likely to have, such challenges may be relatively easy to formulate. However, this case contains useful guidance in ICSID arbitration as to how such connections should be evaluated and confirms that

The London Court of International Arbitration (LCIA) has announced the appointment of eight new court members to replace five members retiring at the end of their terms. The appointments were formalised on 9 May 2008, following extensive consultation led by a court committee and chaired by the vice president of the LCIA court. The new members are a diverse set of eminent international figures: Jernej Sekolec, Secretary General of UNCITRAL; Makhdoom Ali Khan, partner, O'Melveny & Myers, Hong Kong and Beijing; Guido Santiago Tawi, partner, M&M Bomchil, Buenos Aires; Zia Moody, partner, AZB Partners, Mumbai; Karim Hafez, principal, HAFEZ, Cairo; Kaj Hobér, partner, Mannheimer Swartling Advokatbyrå, Stockholm and Boris Karabelnikov, professor at law, Moscow School of Social and Economic Sciences. Peter Leaver QC of One Essex Court became a member of the court in January 2008 on taking over the chairmanship of the LCIA Board of Directors. It has also been announced that the LCIA has opted to renew the appointment of Wang Sheng Chang, former Vice President and Secretary General of China International Economic and Trade Arbitration Commission. His term has been extended as the LCIA decided that his previous detainment by the Chinese authorities prevented him from serving. Source: Global Arbitration Review

The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) and the Hong Kong International Arbitration Centre have signed a co-operation agreement for the efficient resolving of international commercial disputes. They will: Jointly promote the use of arbitration, mediation, conciliation and other appropriate procedures by seminars, conferences and other programmes. Recommend to each other arbitrators, mediators, experts or assessors and share information on arbitration in their respective jurisdictions. Arrange for each other facilities and support for the conduct of hearings or meetings. Explore ways in which they may jointly assist in the administration of investor-state arbitrations relating to Chinese parties. Source: SCC Institute

The International Centre for Settlement of Investment Disputes (ICSID) is now publishing on its website extensive details on procedural developments in ongoing ICSID proceedings. The information published includes the names of the parties, the subject matter of the dispute, the composition of the tribunal and, for each concluded case, the date and method of termination. The tribunal's reports of conciliation commissions or awards are also published where the parties have given their consent. Where consent has not been given, ICSID publishes excerpts of the tribunal's legal reasoning.These details were previously published only in hard-copy format. This new feature is part of the Centre's continuous efforts to make its case management activities more transparent. Source: ICSID

In September 2007, the ICC announced its intention to create a branch of the ICC International Court of Arbitration's (ICC Court) Secretariat in Asia. This was to reflect the growing reputation of the Asia Pacific region, in particular Singapore and Hong Kong, as a hub for international dispute resolution. Further to this, the ICC has now announced that, by the end of 2008, there will be a fully functioning branch of the Secretariat of the ICC Court in Hong Kong, which will include a case management team, overseeing cases under the ICC Rules of Arbitration. In addition, a liaison office will open in Singapore by the end of the year, dedicated to ICC Dispute Resolution Services. The Director of ICC Arbitration and Amicable Dispute Resolution in Asia will be located at the Singapore office. Source: ICC

The Japan Commercial Arbitration Association (JCAA) amended its Commercial Arbitration Rules (the Rules) and Regulations for Arbitrator's Remuneration (the Regulations) on 1 January 2008. The Regulations have been changed to reflect a substantial increase in hourly rates for arbitrators. The new maximum hourly rate is YEN 80,000 (about £380). Given that historically the maximum hourly rate for arbitrators has been relatively low, it is hoped that this amendment will attract more top international arbitrators to conduct JCAA arbitrations. The amendments to the Rules relate to impartiality and independence. In addition to other disclosure obligations, they require arbitrators to submit a written undertaking to the JCAA as soon as possible after their appointment, disclosing any circumstances giving rise to doubts about impartiality or independence, or to declare there are no such circumstances.

In Desert Line Projects LLC v The Republic of Yemen (ICSID Case No ARB/05/17) an ICSID tribunal found Yemen (R) in breach of the Yemen-Oman BIT in respect of a dispute with an Omani construction company (C). C had agreed to undertake a road construction project in the Yemen but following non payment by R, the parties agreed to an arbitration in Yemen pursuant to which C was awarded a substantial sum. However, R failed to pay the sums due, and effectively coerced C through physical duress into signing a settlement agreement for a much lower sum. The ICSID tribunal found that it had jurisdiction over the dispute, despite the fact C did not have an "investment certificate" - a jurisdictional requirement under the BIT, and notwithstanding the "fork in the road" provisions contained in the BIT. It held that the Yemen arbitral award should stand and was final and binding on the parties. In addition, it awarded moral damages to C of $1 million. The case demonstrates that countries will not be able to escape the requirements laid down in their BITs by using excuses relating to formalistic requirements to challenge jurisdiction. In addition, attempts by a country to subvert a party's rights by using coercion may well be met with an award against them for moral damages.

The draft UAE Federal Law on Arbitration and the Enforcement of Arbitration Awards has been published. The new law incorporates the UNCITRAL Model Law, with additional provisions reflecting modern arbitration practice. The draft further provides for the enforcement of arbitral awards in accordance with the New York Convention, to which the UAE acceded in 2006. Under the draft law, courts and tribunals are specifically empowered to have recourse to international authorities on applying UNCITRAL decisions. The draft law also establishes an arbitration office within the ministry of the economy to monitor international developments in arbitration and consider future changes to the law. Once ratified, the law will apply to all arbitrations in the UAE, except in the Dubai International Financial Centre (DIFC), which has its own arbitration law. The draft law is available on the UAE Ministry of Economy website. Separately, the LCIA has this week signed a joint venture with the DIFC. The LCIA DIFC Arbitration Centre will have access to the LCIA database of arbitrators, and will closely follow the LCIA rules. Sources: Global Arbitration Review, Legal Week

UNCTAD has published a report, "Investor-State Dispute Settlement and Impact on Investment Rulemaking", which considers the effect of developing investor-state jurisprudence on a "new generation" of international investment agreements. It concludes that the increase in investor-state arbitrations has influenced governments to avoid broad or imprecise provisions in favour of closely-defined terms. For example, concepts such as "investment", "fair and equitable treatment" or "indirect expropriation", the meaning of which has been considered by numerous arbitral tribunals, have been defined in more detail in more recent investment treaties, particularly those negotiated by countries in the Asia-Pacific region. Governments are also giving closer consideration to the interrelationship between the terms of the investment agreement and any applicable arbitration provisions. The report notes that the growing legal sophistication of investment dispute resolution points to a strengthening of the rule of law at the international level that should benefit developing countries. However, the report warns that where countries are party both to older and "new generation" investment agreements, the inconsistencies between these may present challenges to developing nations. A copy of the report is available on the UNCTAD website

ICSID fees are to increase with effect from 1 January 2008. The Centre's administrative charge will increase from US$10,000 to US$20,000. This charge becomes payable once the arbitral tribunal, conciliation commission or ad hoc committee has been constituted, and it is payable annually after that. The increase will apply to all cases begun after 1 January 2008, but for cases which have already been instituted the current charge of US$10,000 will continue to apply until 1 January 2009.The Centre is also reintroducing a fee for the Centre's legal staff to attend meetings away from ICSID's seat in Washington DC of US$1,500 per day. These fees and others are set out in a new Schedule of Fees.Similarly, the ICC is increasing some of its fees. The ICC has a sliding scale of fees depending on the amount in dispute. The minimum and maximum fees remain the same, but the rates in-between have changed. For disputes worth from US$50,000 to US$50 million, the rates have increased. They will now range from 4.3% of the dispute's value at the lower end of the scale to 0.01% at the higher end. The new fees will apply to all cases where a request for arbitration is received by the secretariat on or after 1 January 2008.Sources: ICSID website and ICC website

The International Court of Arbitration has announced the appointment of Simon Greenberg as Deputy Secretary General. Mr Greenberg will assume his position in mid January 2008. Mr Greenberg is currently a senior associate with the law firm Dechert LLP in Paris, representing clients mostly in ICC arbitrations. Formerly he served as Deputy Secretary General of the Australian Centre for International Commercial Arbitration and helped establish the Asia-Pacific Regional Arbitration Group. He also lectured and chaired international arbitration in the advanced law studies department at Deakin University in Melbourne, Australia and previously worked as Assistant Counsel to the Secretariat of the ICC Court. He replaces Jennifer Kirby who will leave the ICC on 19 December 2007. Source: ICC

ICC UK held its annual arbitration seminar on 6 November 2007 on the subject of Regional Perspectives in International Commercial Arbitration. The event was chaired by Laurence Shore and Dr Julian Lew QC, and was sponsored by Herbert Smith. The conference was divided into a number of sessions which focussed on the following regions: Middle East and Southern Europe. North America. An Overview of ICC arbitration in different regions. Latin America. Asia Pacific.

The LCIA is to open a branch in Barbados. Like the LCIA in London, the Barbados branch will handle cases, conduct hearings, and oversee the appointment and removal of arbitrators. It is thought that the new branch will be concerned with mainly Latin American and Caribbean disputes. The development reflects the Barbadian government's intention of promoting Barbados as a reputable and modern dispute resolution forum, and coincides with proposed new arbitration legislation (based on the UNCITRAL Model Law) to govern both domestic and international arbitration. Source: Global Arbitration Review

ICC UK organised a visit to the ICC International Court of Arbitration (the Court) in Paris on 6 September by around 30 of its members, comprising barristers, solicitors, arbitrators and users of arbitration. A similar visit by ICC UK members took place in September 2005. The visit comprised a series of presentations and question and answer sessions about various aspects of practice and procedure, including: Welcome and Introduction to the Court. Recent Developments at the Court. The Work of the ICC Commission on Arbitration. ICC Dispute Resolution Services. Presentation of the NetCase Facility. Meeting with Counsel of the Court.

The International Institute for Sustainable Development (IISD) and the Center for International Environmental Law (CIEL) have submitted a revised proposal for amendments to the UNCITRAL rules. The revised proposal aims to reflect the particular features of arbitrations to which states are party - in particular investment treaty arbitrations. Drawing a clear distinction between private commercial and state arbitrations, the revised proposal notes that state arbitrations entail implications for the public interest which require a greater degree of transparency. Accordingly, the proposed revisions would permit public notice of arbitral proceedings, public access to documents and awards, open hearings and the possibility of amicus curiae briefs. The authors hope that the revisions, if adopted, would strengthen the role of the UNCITRAL rules in resolving state arbitrations. An earlier version of the proposal was submitted in February, and was then revised after comments from member governments at the session of the working group. The chief revision appears to be the suggestion that UNCITRAL adopt the ICSID Convention definition of "investor-state disputes". The revised proposal will be considered at the next working group session, to be held this month. The paper is available on the IISD and CIEL websites. Source: Global Arbitration Review.

In the long-running case of Vivendi v Argentina, an ICSID tribunal has held that Argentina breached BIT obligations relating to fair and equitable treatment and the provision of protection and full security, and that it expropriated the claimants' investment in water utilities in the province of Tucuman. The tribunal found that, in breach of the Argentina/France BIT, the provincial government had mounted an illegitimate campaign against the claimants, aimed at forcing a renegotiation of the governing concession agreement. Elements of the campaign included the wrongful use of regulatory powers to force tariff reductions and to impose various fines and charges, the stirring up of local feeling against the "foreign investor", encouraging customers not to pay their bills, and the passing of enactments prohibiting the claimants from pursuing those customers. In a strongly worded award, the conduct of the provincial government was described as "vindictive" and "politically driven arm twisting". The award contains some interesting discussion of the proper meaning and scope of the "fair and equitable" standard, the tribunal taking the view that this is not equivalent to, and may go beyond, the minimum standard recognised by international law. The tribunal also confirmed that the related "protection and full security" provision of the BIT is not limited to physical security - any measure depriving a claimant of security may involve a breach of such a provision. Note, howeve

In the consolidated arbitration proceedings between Canfor Corporation v United States of America, Tembec et al v United States of America and Terminal Forest Products Ltd v United States of America, the tribunal had to consider, among other matters, whether the claimant (Tembec) should bear the respondent's (United States of America) costs of an arbitration under the UNCITRAL Rules, in circumstances where the claimant had unilaterally withdrawn from the proceedings on the eve of a jurisdictional hearing. Most of the tribunal's findings concern whether the claimant could rely on an agreement entered into by the respondent and various other parties to the proceedings that the proceedings be terminated with no order as to costs. However, it was ultimately decided that the claimant was not a party to that agreement. The tribunal therefore went on to consider whether the claimant should be considered to be an "unsuccessful party" for the purposes of the Article 40 (1) of the UNCITRAL Rules, which provides that, unless there are reasons for not doing so, costs of the arbitration shall be borne by the unsuccessful party. The tribunal noted that the UNCITRAL Rules did not expressly address the issue of unilateral withdrawal from proceedings by a claimant. However, the tribunal interpreted the reference to "unsuccessful party" in Article 40 (1) as including a party which unilaterally withdrew its claim. Therefore, it found that the claimant was liable for the respondent's

In its award of October 2006, the ICSID tribunal in LG&E v Argentina determined that Argentina had breached BIT obligations relating to fair and equitable treatment and non-discrimination, as well as the BIT umbrella clause. The breaches arose out of Argentina's dismantling, during the financial crisis in that country, of specific guarantees to investors forming part of the gas regulatory framework. The tribunal determined, however, that for the period of the crisis itself, a defence of necessity applied. The tribunal has now published its award on quantum. The claimants sought compensation based upon the fair market value of their investment, a measure which was not opposed in principle by Argentina. The tribunal held that the fair market value was an appropriate measure for cases of expropriation (where an investment, or title in it, is totally destroyed) but not here, where the claimants had maintained their investment and the value of shares had actually "rebounded" since the crisis. Instead, the proper measure was the reduction in dividends attributable to the breaches. Claims for future loss were rejected as being too speculative, and no damages were awarded in respect of the period of necessity. Ultimately, the claimants were awarded US$57.4m (including compound interest). Case: LG&E v. Argentina, ICSID Case No. ARB/02/1

Nassib Ziadé, a Lebanese and Chilean national, has been appointed chief counsel of the International Centre for Settlement of Investment Disputes (ICSID). Ziadé, who has extensive experience in the administration of international legal proceedings, and in the management and development of international tribunals was due to take up his new position on 1 July 2007. He has been executive secretary of the World Bank Administrative Tribunal for the past ten years. In 1998 Ziadé was a member of the Grievance Process Review Committee, which reviewed and reformed the World Bank's Internal Conflict Resolution System, and has since been involved in all subsequent reviews of the system. He is also a former counsel at ICSID. He has commented that the chief counsel role has three elements - to develop policies and strategies for the performance of ICSID's mandate, to provide advice and leadership in alternative dispute resolution, and to lead and manage the ICSID Secretariat. Source: ICSID website For further information, see Global Arbitration Review

In Malaysian Historical Salvors v The Government of Malaysia (ICSID Case No. ARB/05/10), a sole arbitrator has determined that a salvage contract was not an "investment" for the purposes of article 25.1 of the ICSID Convention. The award is of particular interest because of its detailed analysis and reconciliation of various previous ICSID awards which have considered the meaning of "investment". Note: The award was annulled by a decision dated 16 April 2009.

An ICSID tribunal has decided that Argentina breached the US-Argentina bilateral investment treaty as a result of various emergency regulatory measures put in place during the economic crisis in Argentina. The principal points of interest of the award lie in its treatment of the defence of necessity (which the tribunal rejected) and also in its findings with regard to fair and equitable treatment and the umbrella clause contained in the treaty.

An internationally constituted committee of the CIArb has just published its "Guideline on the Interviewing of Prospective Arbitrators" following a wide international consultation. Hew E Dundas, President of the CIArb, comments: "... By following a recognised Guideline, the risk of failure or challenge is significantly reduced and parties can exercise due autonomy in choosing their arbitrator ... " The Guideline forms part of a set of Guidelines dealing with issues such as multi-party cases, jurisdictional issues and security for costs. The Guidelines are international in scope and cover a selected number of jurisdictions, both common and civil law and including Model Law jurisdictions. They are intended to be extremely practical and identify key areas where there may be a difference in approach between arbitrators in different jurisdictions. For further information see Practice note, selection of party-nominated arbitrators. Source: CIArb website

As we recently highlighted (see Legal update: ICC to publish guidelines for reducing time and costs in arbitration) the ICC Commission on Arbitration has published a document entitled "Techniques for Controlling Time and Cost in Arbitration". The document, which was officially approved on 12 March 2007, was discussed and debated at an ICC UK conference on 27 March 2007, which was co-chaired by Chris Newmark (co-chair of the ICC Task Force on Arbitration) and Peter Wolrich (chair of the ICC Commission on Arbitration). The conference was attended by over 100 delegates, including barristers, solicitors, arbitrators and users of arbitration.

Five non-governmental organisations have been given permission to file amicus curiae briefs in the arbitration Biwater Gauff (Tanzania) Ltd v United Republic of Tanzania (ICSID Case No ARB/05/22). This is understood to be the first occasion on which an ICSID tribunal has permitted non-parties to file amicus submissions under the revised ICSID Arbitration Rules, which now expressly provide for a tribunal to permit non-parties to file written submissions. The order, made on 2 February 2007, reflects the growing trend towards transparency in investor-state arbitrations, which often raise issues of public importance. Shortly after the order was made in this case, on 12 February 2007, a different tribunal in the arbitration Suez and Others v The Argentine Repbulic (ICSID Case No ARB/03/19) (see Legal update, ICSID tribunal permits amicus curiae brief: Suez v Argentina), gave permission to certain non-parties to file amicus curiae briefs. That case has been proceeding under the previous ICSID Arbitration Rules, and the discretion was exercised pursuant to a power which the tribunal found it had under the ICSID Convention to permit amicus curiae submissions. In that arbitration, the tribunal acknowledged that allowing such submissions was an important element in the overall discharge of their mandate, and in securing wider confidence in the arbitral process itself.

The LMAA (London Maritime Arbitrators Association) has published increases to some of its fees which will take effect from 1 March 2007. In particular, the "arbitration appointment fee", which is payable to an arbitrator on his appointment and covers his charges for accepting the appointment and opening the file, has increased from £125 to £150. The "booking fee" which is payable before firm dates will be booked for a hearing, will increase from £425 per day to £500. Certain other fees remain unchanged, for example the fee for certifying documents and the LMMA Mediation appointment fees. For a full list of the changes, see the LMAA website.

This maintained resource collates details of forthcoming conferences, seminars and other events connected with arbitration, and provides links to relevant websites. The Calendar can be found in the "Resources" section of the Dispute Resolution homepage, or by clicking here.

On 1 December, around 150 leading arbitration specialists met at the Law Society to consider whether the Arbitration Act 1996 has, in the ten years since it came into force, had the desired effect of promoting London's reputation as an effective and cost efficient place for resolving international disputes through arbitration. The event was backed by the ICC, the LCIA, the CIArb and the LMAA and a number of pre-eminent arbitration practitioners spoke about the challenges facing dispute resolution in London. The practical steps that can be taken to tackle issues that may arise were debated by practitioners. Whilst some concerns were voiced about the scope and frequency of jurisdictional and procedural challenges that are continuing to be made under the Arbitration Act 1996, the general consensus of opinion was that the Act has largely succeeded in its objective of providing a supportive, but not unduly interventionist, framework for arbitration in England and Wales, with relatively few complaints or calls for change. Source: Global Arbitration Review Chartered Institute of Arbitrators

John Choong (Senior Associate), Freshfields Bruckhaus Deringer On 5 October 2009, the Asian Domain Name Dispute Resolution Centre (ADNDRC) announced that it was investigating potential claims against its Hong Kong office and its personnel, through a special committee formed by the ADNDRC Council. The special committee is chaired by the Hon Justice Michael Hartmann.

A drafting note covering the issues which may arise when considering and negotiating a CIETAC arbitration clause, with drafting guidance.

Drafting note to accompany the Answer to Notice of Arbitration under the HKIAC Administered Arbitration Rules in Case study, Commencing HKIAC Arbitration.

These are drafting notes to accompany the example Answer to the Request for Arbitration under the ICC Rules 2012.

Drafting notes to accompany the Request for LCIA arbitration.

These are drafting notes to accompany the example Statement of  Defence and Counterclaim under the Arbitration Rules of the Singapore International Arbitration Centre.

These are drafting notes to accompany the example Response to Notice of Arbitration under the Arbitration Rules of the Singapore International Arbitration Centre.

A table outlining the key differences between the ICC Rules of Arbitration 1998 and the ICC Rules of Arbitration 2012.

An article highlighting key International Chamber of Commerce (ICC) resources.

An article highlighting key International Centre for Settlement of Investment Disputes (ICSID) resources.

A drafting note to accompany an LCIA order for directions.

An article highlighting key Stockholm Chamber of Commerce (SCC) resources.

Drafting notes to accompany Standard clause, Singapore: ad hoc arbitration clause.

News, conventions, model laws, ratification's and enactment's, case law. Links to UN System of Organizations, UN International Law Site, UN Publications and Sales, World Trade Organization plus sources of local trade law.

In Deutsche Bank AG v Sri Lanka (ICSID Case No ARB/09/02), an ICSID tribunal considered whether it had jurisdiction over a dispute relating to a hedging agreement. The decision adds to the ongoing debate as to the status of the Salini criteria.

In HKL Group Co Ltd v Rizq International Holdings Pte Ltd [2013] SGHCR 5, a Singapore Court considered the enforceability of a potentially pathological arbitration clause that referred to a non-existent arbitral institution.

In Burlington Resources Inc v Republic of Ecuador (ICSID Case No ARB 08/5), an ICSID tribunal considered whether privity between the investor and the host state is required to establish jurisdiction over an umbrella clause claim based on contract.

An article highlighting the key arbitration-related developments in the United States in 2011/2012. 

In Hochtief AG v Argentine Republic (ICSID Case No. ARB/07/31), an ICSID tribunal considered whether the claimant could rely on the "most favoured nation" clause in the Argentina-Germany bilateral investment treaty to import a more favourable dispute resolution provision from the Argentina-Chile bilateral investment treaty.

In GEA Group Aktiengesellschaft v Ukraine (ICSID Case No ARB/08/16), an ICSID tribunal considered whether an ICC award was an investment for the purposes of an ICSID arbitration.

In Murphy Exploration and Production Company International v Republic of Ecuador (ICSID Case No ARB/08/4) - Award on Jurisdiction, an ICSID  tribunal considered whether it had jurisdiction over claims relating to tax legislation introduced by Ecuador.

In RSM Production Corporation v Grenada (ICSID Case No ARB/10/6), an ICSID tribunal rejected Grenada's application for security for costs.

In Gustav F W Hamester GmbH & Co KG v Republic of Ghana (ICSID Case No ARB/07/24), an ICSID tribunal considered the difference between commercial and treaty claims.

In Cia de Aguas del Aconquija SA and Vivendi Universal SA v Argentina (ICSID Case No ARB/97/3) (Annulment Proceeding), an ad hoc committee has issued guidance on the duties of ICSID arbitrators in respect of potential conflicts of interest.

An ad hoc committee has partially annulled the ICSID award in Enron Creditors Recovery Corp, Ponderosa Assets, LP v Argentina (ICSID Case No ARB/01/3).

In Suez and others v Argentina (ICSID Case No ARB/03/19) and AWG Group v Argentina (UNCITRAL),  and Suez and others v Argentina (ICSID Case No ARB/03/17), two parallel tribunals considered whether Argentina could rely on the defence of necessity in connection with its treatment of investors during and in the aftermath of its financial crisis.

An update on the decision on jurisdiction in Bureau Veritas, Inspection, Valuation, Assessment and Control, BIVAC BV v The Republic of Paraguay (ICSID Case No ARB/07/9).

An update on Chevron Corporation (USA) and Texaco Petroleum Company (USA) v The Republic of Ecuador (UNCITRAL arbitration): Partial Award on the Merits of 30 March 2010, which considered whether Ecuador breached its obligation to provide the claimants with an effective means of asserting their claims and enforcing their rights.

An update on Quiborax SA, Non Metallic Minerals SA and Allan Fosk Kaplún v Plurinational State of Bolivia (ICSID Case No ARB/06/2) (Decision on Provisional Measures of 26 February 2010), which considered whether provisional measures should be ordered against criminal proceedings initiated in Bolivia and connected with the ICSID arbitration.

An update on Participaciones Inversiones Portuarias SARL v Gabonese Republic (ICSID Case No ARB/08/17), which considered issues of impartiality of arbitrators in ICSID arbitration.

An update on a procedural order by an ICSID Tribunal in Piero Foresti, Laura de Carli and others v Republic of South Africa (ICSID Case No ARB (AF)/07/1) regarding limited participation by non-disputing parties.

Alvin Yeo, Senior Counsel (Senior Partner) and Andre Maniam (Head of Litigation & Dispute Resolution Department), WongPartnership LLP The validity of a "hybrid" arbitration clause (that is, a clause providing that an arbitration is to be carried out before one arbitral institution but using the rules of another arbitral institution) was recently considered by the Singapore Court of Appeal in Insigma Technology Co Ltd v Alstom Technology Ltd [2009] SGCA 24. The appellant, Insigma Technology Co Ltd (appellant), had sought to challenge the validity of such an arbitration clause. The clause was upheld by the High Court, and on appeal, was also upheld by the Court of Appeal.

An update on Perenco Ecuador Ltd v The Republic of Ecuador and Empresa Estatal Petroleos Del Ecuador (Petroecuador) (ICSID Case No ARB/08/6), in which an ICSID tribunal considered whether to grant an application for provisional measures.

An update on Bernardus Henricus Funnekotter and others v Republic of Zimbabwe (ICSID Case No ARB/5/6), which concerned the measure of damages for large-scale expropriation.

An update on Sempra Energy International v Argentina (ICSID Case No ARB/02/16), which concerned an application for a stay of enforcement of an award pending an application to annul. Note: the stay of enforcement of the award was lifted by the ad hoc Committee in its decision of 7 August 2009, see Legal update, Stay of enforcement of ICSID award against Argentina lifted.

An update on Plama Consortium Limited v Republic of Bulgaria (ICSID Case No ARB/03/24).

An update on Jan de Nul NV Dredging International NV v Arab Republic of Egypt ICSID Case No ARB/04/13, which considered the principles applicable to the attribution of liability under a bilateral investment treaty.

An update on Enron Corporation Ponderosa Assets LP v Argentine Republic (ICSID Case no ARB/01/3) in which an ICSID annulment committee considered the issues of a stay of enforcement and security.

In Biwater Gauff (Tanzania) Limited v United Republic of Tanzania (ICSID Case No ARB/05/22) the tribunal found that Tanzania's conduct amounted to an expropriation and violated various obilgations in the UK-Tanzania bilateral investment treaty (the BIT).The claimant (BGT) entered into a contract with Tanzania to provide water and sewerage services for ten years in Dar es Salaam. The project encountered numerous difficulties, culminating in the termination of the contract, the deportation of staff, and seizure of assets. The majority of the tribunal concluded that Tanzania's violations of the BIT were not the "actual or proximate cause" of the diminution in, or elimination of, the value of BGT's investment. By the time the expropriatory acts took place, the investment was of no economic value. BGT's damages claims were therefore dismissed. The only appropriate remedy was a declaration that Tanzania had violated its obligations under the BIT in certain respects. In a "concurring and dissenting opinion" Gary Born concluded that Tanzania's actions clearly had caused injury to BGT. The damages claim should fail, not for lack of causation, but because the injury that was caused by BGT had no monetary value.As well as providing an analysis of the causation issue, the award also addresses how an ICSID tribunal should approach contractual matters, whether a project qualifies as an investment under the ICSID Convention and the standard required to demonstrate a breach of a t

In Libananco Holdings Co Ltd v Republic of Turkey (ICSID Case No ARB/06/9), an ICSID tribunal rejected Libananco's request that a claim should be "summarily" determined in its favour, without receiving any further evidence, on the grounds that the fair conduct of the arbitration had been irrevocably prejudiced by Turkey's conduct. Turkey had intercepted privileged materials in the course of a separate court-ordered money laundering investigation. The tribunal concluded that, although the allegations struck at principles which lay at the very heart of the ICSID arbitral process, the question of possible prejudice caused by Turkey's conduct had not been proved or disproved. However, in order to ensure Libananco's future protection against possible prejudice, the tribunal ordered Turkey to undertake a series of steps to ensure that the "rule of separation" was effectively implemented, between those responsible for the arbitration and those responsible for the criminal investigation. It was essential that justice was not only done, but was also manifestly seen to be done. The tribunal rejected Turkey's application for security for costs. The possibility of such an order should only be entertained in the most extreme cases, where an essential interest of either party was in danger of irreparable damage. Turkey's request for the production and examination of Libananco's bearer share certificates, which were crucial to the admissibility of Libanaco's claims, was grante

In ETI Euro Telecom International NV v Republic of Bolivia and anor [2008] EWHC 1689 (Comm), Andrew Smith J considered whether the court had jurisdiction to grant a freezing injunction in support of ICSID arbitration. He held that no such power existed under section 25 of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982), and that even if that was wrong, it would be inexpedient in the circumstances of the case to make the order. The case helpfully clarifies the limits of the court's wide power to grant relief in support of other proceedings, and emphasises that in ICSID arbitration, the proper course is generally to seek any necessary interim relief from the tribunal. NOTE: This decision has been appealed and the appeal dismissed (see Legal update, Court of Appeal confirms freezing injunction not available in support of ICSID arbitration).

In Sempra v Argentina (ICSID Case no ARB 02/16), an ICSID tribunal has awarded compensation for breach of a treaty provision entitling the investor to fair and equitable treatment; and has also found a breach of the umbrella clause in the US-Argentina BIT. The tribunal's award covers some well-worn ground concerning the economic crisis in Argentina, and its conclusions on issues relating to the scope of the defence of necessity, and the meaning of the umbrella clause, are not entirely consistent with views of previous tribunals. The award is also of note because, by a majority, the tribunal refused to award post-award interest.

In Hussein Nuaman Soufraki v The United Arab Emirates (ICSID Case no ARB/02/7), an award had been rendered by a tribunal in which it declined jurisdiction to hear the substantive claim because it found that the claimant was not of Italian nationality, notwithstanding certificates of nationality provided by the Italian authorities, and therefore could not avail himself of the ICSID arbitration provisions in the Bilateral Investment Treaty between Italy and the United Arab Emirates. The claimant brought annulment proceedings. The annulment committee refused by majority to annul the award, noting that in matters of jurisdiction of an international tribunal, a state does not have the last word concerning the interpretation of its national law. Whilst the certificates of nationality were prima facie evidence of nationality they did not provide conclusive proof. However, in a dissenting opinion, one member of the committee disagreed with some of the majority's findings, in particular as to the treatment of certificates of nationality. He concluded that the tribunal should have taken Italian law to be conclusive on this issue. The decision and dissenting opinion provide a useful summary of ICSID jurisprudence relating to issues of jurisdiction based on alleged nationality of one of the parties and weight to be given to national laws of the parties.