Arbitrators
Recent Developments in India-related international arbitration
Herbert Smith Freehills has issued its latest Indian International Arbitration e-bulletin. The e-bulletin considers the decision of the Supreme Court of India in Bharat Aluminium, as well as the recent decisions of the Delhi High Court concerning non-disclosure of interests … Continue reading
Filed under Arbitration laws, Arbitrators, Asia, Challenges to awards, Evidence, India, News
Supreme Court of India delivers landmark arbitration decision in Bharat Aluminium, overruling Bhatia International
As reported in our blog posting on 6 September 2012, the controversial decision of the Indian Supreme Court in Bhatia International v Bulk Trading SA [1] has been overruled by the Indian Supreme Court in the case of Bharat Aluminium … Continue reading
Filed under Arbitration laws, Arbitrators, Asia, India
Supreme Court of India delivers landmark arbitration decision in Bharat Aluminium, overruling Bhatia International
Supreme Court of India delivers landmark arbitration decision in Bharat Aluminium, overruling Bhatia International The controversial decision of the Indian Supreme Court in Bhatia International v Bulk Trading SA has been overruled by the Indian Supreme Court, paving the way … Continue reading
Filed under Arbitration laws, Arbitrators, Asia, Awards, India
Recent Developments in India-related International Arbitration
In this post we consider the implications for India-related international arbitration of the Indian Supreme Court re-examining the controversial Bhatia decision. We also look at the successful investment treaty claim against India in White Industries, along with the expansion of the … Continue reading
Filed under Arbitrators, Asia, Enforcement, India, Investment Arbitration, Public International Law
LCIA publishes arbitrator challenge decisions
Under the LCIA Arbitration Rules, a party to an LCIA administered arbitration can challenge the appointment or conduct of an arbitrator “if circumstances exist that give rise to justifiable doubts as to his impartiality or independence.” The LCIA Court will … Continue reading
Filed under Arbitrators, Europe
Reims Court of Appeal annuls ICC Award for failure to disclose conflict of interest during proceedings
On 2 November 2011, the Reims Court of Appeal set aside an ICC partial award, Avax v Tecnimont, due to the failure of the Chair of the tribunal to disclose his law firm’s representation of companies affiliated to one of … Continue reading
Filed under Arbitrators, Challenges to awards, Europe
The new ICC Arbitration Rules: promoting a modern view of international arbitration
On 12 September 2011, the International Chamber of Commerce (“ICC“) officially unveiled its new Arbitration Rules (the “2012 Rules“), which come into force on 1 January 2012 . They will apply to any arbitration commenced after that date, unless otherwise … Continue reading
UK Supreme Court overturns controversial Court of Appeal ruling in Jivraj v Hashwani: arbitrators are not employees within the scope of UK anti-discrimination legislation
In a much anticipated ruling, the UK Supreme Court has clarified the status of arbitrators and confirmed that they are not employees, but “independent providers of services who are not in a relationship of subordination with the person who receives … Continue reading
Filed under Arbitrators
ICSID – repeat appointments potentially relevant to applications for disqualification of an arbitrator
In OPIC Karimum v Venezuela the claimant, OPIC, requested the disqualification of the arbitrator appointed by Venezuela, Professor Philippe Sands, on the basis that his multiple appointments by both Venezuela and Venezuela’s counsel, Curtis Mallet-Prevost Colt & Mosle (“Curtis“) tainted … Continue reading
Filed under Arbitrators, Institutions
Court of Appeal holds religious criteria for appointment of arbitrators unlawful
In Jivraj and Hashwani, a decision published yesterday, 22 June 2010, the English Court of Appeal has unanimously held that the Equality (Religion and Belief) Regulations 2003 (the “Regulations“) rendered an arbitration agreement in a commercial contract void. This decision … Continue reading
Filed under Arbitrators, EU Law, Europe, International Human Rights
