Sole presiding arbitrator in a maritime dispute with a Nicaraguan claimant and Bahamian Respondent, applying general United States maritime law, and with
the seat of arbitration in Nicaragua.
This is already happening, with Indian and Chinese parties being actively encouraged and incentivised to identify Singapore as
the seat of arbitration in their contracts.
Represented an international construction company in a SIAC arbitration governed by Korean law with
the seat of arbitration in Singapore relating to a multi-million dollar joint venture dispute.
Not exact matches
Even if
arbitration is preferred over litigation (which is more likely
in cross-border transactions), Chinese parties may require the dispute to be
seated in China and administered by an established Chinese arbitral institution, such as the China International Economic & Trade
Arbitration Commission (CIETAC)
in Beijing or Hong Kong (CIETAC - HK), or by one
of the newer institutions established to specifically handle OBOR disputes, such as the Wuhan
Arbitration Commission's OBOR
Arbitration Court.
It has already led to a number
of arbitrators refusing to accept appointments
in Dubai
seated arbitrations, as well as resignations
of those already appointed
in such cases.
Preliminary injunction judge at the District Court (Voorzieningenrechter)
of the district where the
seat of arbitration is located, when the
seat is
in the Netherlands.
It remains to be seen how the Guidelines will be interpreted by Arbitrators where the
seat of an
arbitration is
in the UAE.
However, Mr Peart says that because Australia's
arbitration seat is less developed than that
of Singapore, Australian lawyers tend to be less experienced
in arbitration work.
Arish has acted on a wide array
of commercial disputes
in the English Courts and
in English
seated arbitrations, including cases involving civil fraud, breaches
of fiduciary duty, complex contractual claims, negligence claims, economic torts, shareholder, joint venture, partnership and insolvency disputes and jurisdictional battles (amongst others).
Representing the official Chinese - appointed administrator
in several London -
seated arbitrations, involving complex questions
of law under the Cross Border Insolvency Regulation and impact
of Chinese court decisions.
It is anticipated that the new law will provide a properly structured procedural framework for domestic and international
arbitrations seated in the UAE, with clear rules on when an award may be challenged, as well as easing the route to enforcement
of awards by giving
arbitration awards the status
of court judgment which can be ratified
in the UAE Courts (thereby avoiding lengthy enforcement proceedings).
Until the new UAE Federal
Arbitration Law is enacted, enforcing an onshore Dubai -
seated arbitration award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system
of binding precedent
in the UAE), significant delay (enforcement proceedings can take up to three years), and costs (legal costs are not recoverable
in the Dubai Courts).
The Hong Kong courts can issue interim orders
in aid
of foreign (including the PRC)
seated arbitrations, which can be useful
in preserving assets...
Party Appointed Arbitrator
in UNCITRAL
arbitration (Zurich
seat but held
in London) where an oil company claimed against Eastern European state for alleged wrongful termination
of concession.
The investors have indicated that they intend to appeal the judgment, but unless and until the Singapore Court
of Appeal provides its own analysis
of these issues, this case will sit alongside the Sanum judgment as a benchmark case for future investment
arbitrations seated in Singapore.
Our local knowledge ensures that we are ideally placed to advise on
arbitrations under local rules such as DIAC, DIFC - LCIA and the Abu Dhabi Chamber
of Commerce and international rules where the
arbitration is
seated in the region.
For users who may be
in need
of information about the EU sanctions against Russia and its potential impact on international
arbitrations seated in Sweden, SCC has added two new resources.
Similarly, close to two - thirds (62 %)
of respondents to the 2010 White & Case and Queen Mary University survey Choices
in International
Arbitration stated that a jurisdiction's «formal legal infrastructure» remains the most important factor when choosing a
seat for international
arbitration.
After practitioners exchanged criticisms with the UAE Ministry
of Justice, the Dubai government issued a letter confirming that foreign lawyers can appear
in arbitrations seated in Dubai.
CRCICA, together with Cairo's Court
of Appeal, make up the two key players
in Egypt's dispute resolution mix; the court provides that has jurisdiction over institutional
arbitrations located
in or outside Egypt and
arbitrations seated outside Egypt, where the parties have agreed to conduct the
arbitration.
Dipen Sabharwal highlights the key findings
of the survey
in a video within the article, including that «London has continued its dominance as the leading
seat for international
arbitration, followed by Paris, Singapore and Hong Kong.»
However, problem arises when the
seat of an international
arbitration takes place outside Bangladesh, as Section 3 (1)
of the Act states that the Act «shall apply where the place
of arbitration is
in Bangladesh».
In this case, it was held that under section 3
of the Act the court has jurisdiction to give appropriate relief especially the interim orders where the
seat of arbitration is outside Bangladesh.
If the companies that get involved
in arbitration have relocated following the withdrawal
of the UK from the EU, they may easily choose a different
seat of arbitration.
Switzerland has an established litigation funding market, with funding
of both domestic litigation and
arbitration seated in Switzerland permitted by Swiss law.
The provisions apply not only to
arbitrations seated in Hong Kong but also to funding
of Hong Kong services provided
in relation to an
arbitration for which the place
of arbitration is outside Hong Kong or if there is no place
of arbitration, as if the place
of arbitration were
in Hong Kong.
In Essar Oilfield Services Limited vs. Norscot Rig Management PVT Limited [2016] EWHC 2361, the High Court, applying the Arbitration Act 1996 (the «Act») to an English - seated International Chamber of Commerce («ICC») arbitration, held that the arbitrator had not exceeded his powers in determining that the losing party, Essar, should pay the funding costs of the successful party, Norsco
In Essar Oilfield Services Limited vs. Norscot Rig Management PVT Limited [2016] EWHC 2361, the High Court, applying the
Arbitration Act 1996 (the «Act») to an English -
seated International Chamber
of Commerce («ICC»)
arbitration, held that the arbitrator had not exceeded his powers
in determining that the losing party, Essar, should pay the funding costs of the successful party, Norsco
in determining that the losing party, Essar, should pay the funding costs
of the successful party, Norscot.
Sole arbitrator
in LCIA
arbitration involving a state - owned company concerning the financing
of a power plant
in Eastern Europe (
seat England, English law)
Since the late 1990s litigation funding has been widely accepted
in Germany, resulting
in an established litigation funding market — with three German funders holding almost all market share —
of both domestic litigation and
arbitration seated in Germany permitted by German law.
Advising the Republic
of Albania
in international
arbitration under the ICC Rules (
seat Paris) concerning claims arising from energy concession contracts and infrastructure projects involving hydroelectric development.
Advising a South Korean defence and infrastructure group
in respect
of claims
in ad hoc international
arbitration (
seat Oman) arising from the construction
of a water treatment plant
in the Middle East.
These laws vary, but it is generally the case that the recovery
of these costs is more difficult for
arbitrations seated in the United States.
The parties can take steps to mitigate this risk, including (i) selection
of the
seat and the administrative body with confidentiality
in mind, (ii) restricting third - party witnesses to «need - to - know» information and (iii) the use
of and appropriate confidentiality provision, either
in the
arbitration agreement itself or
in the container agreement or
in a «protective order» entered by the tribunal.
Advising Ukranian state interests
in international
arbitration under ICC Rules (Swiss
seat) against contracting parties
in respect
of energy sale and purchase contracts.
Advising Canadian mining interests
in respect
of the
arbitration of infrastructure construction claims subject to ICC
arbitration rules (
seat Canada).
However, with African governments increasingly insisting on local
seats of arbitration and the application
of local laws
in relation to projects where they are the client, the development
of commercial ADR is growing steadily, with, for example, the growth
of schemes like PRIME
in Nigeria adding local arbitrators to their panels.
This law not only modernises South African
arbitration law, but also goes a long way to establish it as a potential
seat of choice for international
arbitrations in Africa.
«The continual refinement
of arbitration legislation as explored
in this new title has been an important contributing factor
in Singapore's rise to prominence as a leading
seat of arbitration,» said Stephenson Harwood partner and author
of the book, Timothy Cooke.
Among the problems tackled by the panels, was the question
of how an «
arbitration - friendly»
seat can be developed
in Africa when international parties are still reluctant to site their disputes on the continent.
She has acted as counsel as well as secretary to the tribunal
in ad - hoc
arbitrations and before major arbitral institutions (including ICC, DIS, VIAC, NAI, CAS), at multiple
seats and governed by a variety
of substantive and procedural laws.
Practical considerations
in choosing the correct forum,
seat of arbitration and law to govern disputes;
An ad hoc international
arbitration seated in Bermuda under a Bermuda Form policy, governed by New York substantive law, involving one
of the largest US insurance companies
Counsel for East Mediterranean Gas
in an
arbitration against the Egyptian Natural Gas Holding Company governed by English law and
seated in Cairo concerning the repudiation
of the gas supply agreement between them.
When choosing the
seat, careful consideration should be given to the ability and inclination
of the courts
of the
seat to become involved
in the
arbitration, including setting aside any award, and whether one can expect a fair hearing before those courts.
9 (grant
of interim measures by courts), 27 (court assistance
in taking evidence) and certain appeals — all
of which are designed to support foreign
seated arbitrations.
In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model La
In fact, the Singapore High Court went further to state that it would be an abuse
of process to allow a party who had raised a jurisdictional challenge but chose not to participate
in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model La
in most part
of the
arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the
seat when it could have done so within the 30 - day period under Article 16 (3)
of the Model Law.
This dispute highlights the inconsistent approach across Europe towards enforcement
of arbitral awards which have been set aside
in the jurisdiction where the
arbitration was
seated.
Represented the Republic
of the Philippines
in an ICC
arbitration seated in Switzerland to recover over $ 500 million
in damages for the defective design and construction
of a nuclear power plant by a U.S. corporation.
The choice
of seat in an
arbitration agreement determines the supervisory framework which underpins the arbitral proceedings.
Accordingly, the decision
of the supervisory courts
in the
seat of the
arbitration to set - aside the award should be recognised with the result that the award should not be enforced
in England.