Chartered Institute of Arbitrators (CIArb)’s Post

18 July 2024 - Arbitration Bill read a first time. A Bill to amend the Arbitration Act 1996. The Bill was introduced by Lord Ponsonby of Shulbrede, read a first time and ordered to be printed. #arbitration #arbitrationbill #arbitrationact #internationalarbitration #arbitrator #arbitraje #arbitrajeinternacional #arbitragem #arbitrage #arbitrato #Schiedsgerichtsbarkeit #تحكيم تحكيم# Ministry of Justice UK

#PAW2024 - Going After the Arbitrators: the Criminalization of International Arbitration Proceedings Organiser: Liedekerke Host Speakers: Bruno Hardy, Partner at Liedekerke Gabriele Ruscalla, Counsel at Liedekerke Guest Speakers: Judge Dominique HASCHER, Justice at Cour de cassation – First Civil Chamber Elena Gutiérrez García de Cortázar, Arbitrator at EG-Arbitration 19 March 2024 From 11:00 to 12:00 Learn more & register https://lnkd.in/eJ5N6VMM #Arbitrationrelateddomesticlitigation #Investment #Arbitration #Arbitrage

POWER OF THE ARBITRAL TRIBUNAL TO VERIFY FACTS Under the Law on Commercial Arbitration 2010 and the Arbitration Rules of the VTA, the Arbitral Tribunal shall have with participation of the other party by appropriate means in order to clarify the issues relevant to the dispute. The Arbitral Tribunal may, on its own initiative or at the request of a party or the parties, conduct fact-finding from a third person in the presence of the parties or after having notified the parties.  #VTA #Commercial_Arbitration

Arbitration - S.14 of Limitation Act is applicable to proceedings under S.34 of Arbitration and Conciliation Act 2024 KHC OnLine 6684

WHICH PARTY IS RESPONSIBLE FOR PAYING THE EXPENSES OF SUMMONING WITNESSES? According to the 2010 Law on Commercial Arbitration and the Rules of Procedure of the VTA, the costs for summoning witnesses are borne by the requesting party or allocated by the Arbitration Tribunal. #VTA #Arbitration  

📃 The Arbitration Act 1996 is in the spotlight this week, as members debate the Bill in the House of Lords. The Arbitration Bill seeks to modernise the Arbitration Act 1996, making, as Lord Ponsonby of Shulbrede commented, “measured rather than wholesale reforms of the 1996 Act to bring the law up to date and modernise the arbitral framework.”   🔗 Discover more about the rapid progression of the Arbitration Bill through the UK legislative process: https://lnkd.in/d6kn86hu     #Ciarb #arbitration #disputeresolution #legalnews

This ongoing assessment of the Arbitration Act of 1996 emphasizes the significance of responsive, modern arbitration regulations that meet changing business needs around the world. As Southern Africa's interest in ADR rises, updates like this provide useful information for regional arbitration systems. AIMA appreciates the potential impact of these reforms and remains dedicated to supporting similar initiatives that promote quick, fair dispute resolution throughout Africa. #ADR #AIMA

Should mediation be resorted to before arbitration in oil contract disputes? The Paris Court of Appeal answered this question in one of its decisions. The court ruled that any amicable means agreed upon before arbitration must be resorted to. This approach was also ruled by the Swiss Federal Court and the Dubai Court of Cassation #oildisputes #arbitration #mediation

Having litigated in the DIFC, I encourage you to read this Jones Day Alert about a DIFC Court of Appeal ruling that provisional arbitration awards issued by tribunals seated outside the DIFC are enforceable within the DIFC. The decision provides important jurisprudence in the DIFC Courts regarding enforceability of interim relief awarded in foreign-seated arbitrations. Click below to download our Commentary, #arbitration #DIFC #Dubai https://ow.ly/KVbH50RzXNE

What happens after an arbitral tribunal gives its decision? 🏆 In many cases, the losing party accepts the decision and complies with it. But if they don't, the winner may need to enforce the award (i.e. use legal mechanisms available where the losing party or its assets are located to implement the decision / recover monies owed under the award). Thanks to a global treaty called the New York Convention, arbitral awards are often easier to enforce internationally than court judgments. By signing up to this treaty, countries promise to enforce arbitral decisions from 160+ other signatory countries as they would a decision of their own courts, with only a few narrow exceptions. It's sensible to think about your potential enforcement strategies when signing your contract. This helps ensure the dispute resolution process you select will lead to a result that can be implemented, even if the other party doesn't cooperate. #arbitration #internationalarbitration #enforcement #arbitralawards #disputeresolution #hsf #law #lawyers