Category Archives: Arbitration

Party autonomy & the English Arbitration Act 1996

April 29, 2008 – 11:24 pm

Just as there are international conventions guaranteeing recognition of party autonomy, there are mandatory rules (e.g. arbitrability, due process that limit and constraint on the types of issues that can be submitted to arbitration and the effectiveness and enforceability of the arbitral award) overarching the extent of party autonomy.
Mandatory provisions may vary from […]

By cher | Also posted in Britain, Rules | Tagged , | Comments (0)

Just for the record - 2nd article on the IBA Rules

April 23, 2008 – 11:34 pm

The other article (which was referenced in my dissertation) was posted here under the title: WHERE NEITHER THE IBA RULES NOR U.S. LITIGATION PRINCIPLES ARE ENOUGH
Just recently my friend, Martin (another ex-student of QM) pointed out another article in the International Journal of Arbitration, Mediation and Dispute Management, Vol 74, Number 1, February 2008 issue, […]

By cher | Also posted in 2008, Arbitral Practice, CPR, FRCP, Process, Rules, Rules/Directions | Tagged , , , | Comments (0)

discovery of ‘e-mail diary’ disallowed even by a mock panel of international (real) arbitrators

April 14, 2008 – 3:26 pm

I was at the ICC Arbitration Day event in Paris last week. Thanks to Ms. Mireze Philippe at the ICC for her company and lunch.
The mock arbitration was well organised with two sittings comprising of well known arbitrators, lawyers and also a barrister. Only one of the parties was not a lawyer. The participants were […]

By cher | Also posted in Arbitral Practice, Arbitrators, European (non UK), Institutions | Tagged , , | Comments (0)

where disclosure of document is not a breach of confidentiality

March 28, 2008 – 12:07 am

My lawyer friend, John (thanks!) e-mailed me a piece of news posted at thelawyer.com site
Not related to electronic disclosure (from the news report) but still worth noting.
Confidentiality in arbitration not to be taken for granted. According to the Court of Appeal, ‘any future disputes on the disclosure of documents should be resolved by agreement’.

[…]

By cher | Also posted in Arbitral Practice, Britain, Courts | Tagged , | Comments (0)

Electronic Discovery In Arbitration: Privilege Issues and Spoliation of Evidence

January 24, 2008 – 10:03 pm

Warshauer, Irene C “Electronic Discovery In Arbitration: Privilege Issues and Spoliation of Evidence“. Dispute Resolution Journal. Nov 2006-Jan 2007. FindArticles.com. 09 Nov. 2007.

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By cher | Also posted in Focused, Rules, US, individuals, my research, undated | Tagged , , , | Comments (0)

Enforcing Arbitration Awards under the New York Convention: Experience and Prospects -1998

January 21, 2008 – 5:29 pm

Pdf article on the papers presented at ‘New York Convention Day’, a colloquium held in New York on 10 June 1998 to celebrate the 40th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards concluded on 10 June 1958.

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By cher | Also posted in Laws, my research, pre-2000 | Tagged | Comments (0)

Controlling Costs in Arbitration

January 10, 2008 – 8:57 pm

Techniques for Controlling Time and Costs in Arbitration
A Report from the ICC Commission on Arbitration

In the ICC Publication 843 -Techniques for Controlling Time and Costs in Arbitration, no specific mention on ‘electronic document production’ or ‘electronically stored information’, although ‘Úse of IT’ is discussed. The Redfern Schedule is mentioned for managing requests for […]

By cher | Also posted in Arbitral Practice, Best Practice, Institutions, my research, undated | Tagged , | Comments (0)

THE FEDERAL ARBITRATION ACT

January 4, 2008 – 3:21 pm

The provisions at the Federal Arbitration Act
For explanations on the US Code and for information about the schedule of Supplements etc.
Checkout information on the unclassified changes i.e. changes that have not yet made it into the classification tables.

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By cher | Also posted in Laws, US, undated | Tagged , | Comments (0)

Under the English Arbitration Act 1996 - disclosure of documents

January 4, 2008 – 12:19 am

Disclosure under section 34(2)(d)
The arbitral tribunal has the power to order disclosure and has a discretion to decide ‘whether any if so which documents or classes of documents should be disclosed between and produced by the parties and at what stage’.
There is no limitation regarding the types of documents. The tribunal must avoid unnecessary expense […]

By cher | Also posted in Britain, CPR, Laws, Rules/Directions, undated | Tagged , , , | Comments (0)

Interesting questions on IBA Rules of Evidence & Disclosure of electronic documents

January 2, 2008 – 10:12 pm

Interesting questions on IBA Rules of Evidence & Disclosure of electronic documents from The Grove, under SESSION C
QUESTIONS OF EVIDENCE in the Word document

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By cher | Also posted in 2007, Britain, Institutions, my research | Comments (1)