Report on public policy and enforcement of arbitral awards (Oct 2015)
Oct 2015. The Recognition and Enforcement of Arbitral Awards Subcommittee conducted in 2014-2015 a comparative study on 'public policy' as a defence to the recognition and enforcement of arbitral awards under the New York Convention. For such purpose, the Subcommittee solicited and received reports from Arbitration Committee members reporting jurisdiction by jurisdiction on the treatment of public policy by the domestic courts in the context of enforcement of foreign arbitral awards.
Do we need special rules for energy disputes? - Arbitration Committee newsletter article, March 2015
By Peter D Cameron, Andrew Mackenzie and Brandon Malone. Do we need special rules for energy disputes?
Portuguese Chamber of Commerce & Industry Arbitration Centre approves new institutional rules - Arbitration Committee March 2015
By Pedro Sousa Uva and Sofia Martins. Portuguese Chamber of Commerce and Industry Arbitration Centre approves new institutional rules.
The independence and impartiality of arbitrators: How much disclosure is enough? - Arbitration Committee, March 2015
By Michael Peer. Institutions, associations and procedure – The independence and impartiality of arbitrators: How much disclosure is enough?
US court holds that Mexican annulment of arbitral award violates basic notions of justice - Arbitration Committee, March 2015
By James Graham and Leonel Pereznieto Castro. US court holds that Mexican annulment of arbitral award violates basic notions of justice.
Brazil: Foreign judgment referring parties to arbitration recognised, despite local judgment that arbitration is null and void - Arbitration Committee newsletter article, March 2015
By Olympio J M L de Carvalho e Silva and Camilla Queiroz Werneck. Brazil: Foreign judgment referring parties to arbitration recognised, despite local judgment that arbitration is null and void.
Court of Appeals of Helsinki rules on the validity and operation of optional arbitration clauses - Arbitration Committee, March 2015
By Markus Kokko and Tero Kovanen. Court of Appeals of Helsinki rules on the validity and operation of optional arbitration clauses.
Third-party beneficiary obliged to arbitrate according to the Supreme Court of Finland - Arbitration Committee, March 2015
By Marko Hentunen and Markus Muurman. Third-party beneficiary obliged to arbitrate according to the Supreme Court of Finland.
Independence and impartiality: key factors for choosing an arbitral tribunal in India - Arbitration Committee, March 2015
By Meenakshi Iyer and Advaya Legal. Independence and impartiality: key factors for choosing an arbitral tribunal in India
BIT by BIT: Indonesia’s push-back on foreign investment - Arbitration Committee newsletter article, March 2015
By Kayla Feld, Remco Smorenburg, Jessica de Rooij, Rick Beckmann, Emir Pohan. BIT by BIT: Indonesia’s push-back on foreign investment.
Dispute Resolution International
Dispute Resolution International is the journal of the IBA's Dispute Resolution Section. It provides in-depth discussion of current developments and topical issues in all areas of dispute resolution, including litigation, arbitration, mediation and other areas of alternative dispute resolution, as well as negligence and damages.
Ten Years of WTO Dispute Settlement
Dan Horovitz, Daniel Moulis, Debra Steger
To mark the tenth anniversary of the dispute settlement system of the World Trade Organization (WTO), the Trade and Customs Law Committee of the IBA has authored this book.
IBA Mediation Techniques e-book
The IBA is pleased to announce the launch of its first e-book entitled Mediation Techniques. Although there are many books about mediation, most of them concentrate on a single topic or have a bias towards the theoretical or philosophical. This e-book offers a practical collection of tips from and for practising mediators of different styles facing different sorts of issues. It aims to be usable by mediators at an early stage in their career but to contain sufficient variety to still be interesting to more experienced mediators.
Guidelines on Conflicts of Interest in International Arbitration (2014)
The Guidelines on Conflicts of Interest represent the most comprehensive work to date defining the framework by which the impartiality of arbitration in the international arena can be most effectively assured. The publication sets out a series of seven general standards of independence and disclosure to govern the selection, appointment and continuing role of an arbitrator. The most recent version of the Guidelines was adopted by resolution of the IBA Council on Thursday 23 October 2014. This version updates and clarifies the original Guidelines, which were approved by the Council of the IBA on 22 May 2004. The Guidelines are intended for use around the world.
IBA Guidelines on Drafting International Arbitration Clauses (2010)
The IBA Guidelines for Drafting International Arbitration Clauses were approved by the IBA Council in October 2010. The Guidelines were developed by a Task Force appointed by the Arbitration Committee and composed of Paul Friedland (chair), Doak Bishop, Karim Hafez, Adriano Jucà, Carole Malinvaud, Sundaresh Menon, Jean-Claude Najar, William (Rusty) Park, Anne-Véronique Schlaepfer, Eduardo Silva Romero, Stephen E Smith, Matthew Weiniger and Damien Nyer (Secretary).
IBA Rules on the Taking of Evidence in International Arbitration (2010)
On 29 May 2010, the International Bar Association adopted the new IBA Rules on the Taking of Evidence in International Arbitration, which superceed those of 1999. The revised rules will apply to all arbitrations in which the parties agree to apply the IBA Rules after 29 May 2010, whether as part of new arbitration agreements or in determining the rules of procedure in a pending or future arbitration.
Country guides to arbitration
The Arbitration Committee has prepared a guide to the law and practice of arbitration in more than 50 countries around the world. The material is intended as a high-level practical overview for practitioners and others seeking an introduction to arbitration in particular jurisdictions.