Arbitration Blogs

In de volgende blogs delen onze specialisten hun laatste kennis over Arbitrage en houden zij u op de hoogte van de meest actuele ontwikkelingen. De blogs zijn beschikbaar in het Engels.

The India v. Cairn judgment: may procedural efficiency overrule the court's duty to substantiate its judgments?

8 February 2022

On 21 December 2021, the Hague Court of Appeal set aside the arbitral award rendered in the Cairn v. India arbitration because Cairn, the defending party, did not object to India's setting aside claim during setting aside proceedings, and without analysing the validity of the setting aside grounds raised by India. While this decision might be justified by procedural efficiency, it still raises several questions.

THE ENVISAGED 2022 NAI ARBITRATION RULES

9 November 2021

The Netherlands Arbitration Institute ("NAI") is currently undertaking a major overhaul of its rules of 2015 in response to the increased sophistication of users of international arbitration and growing competition in the market. The new rules are to be introduced in 2022.

The UNCITRAL issues the expedited arbitration rules aimed at streamlining the arbitral process

4 October 2021

The modern arbitration practice recognises the need for a faster and simplified procedural framework for international disputes with fairly low amounts at stake. This has driven several institutions to expand their offer of procedural guidelines with a simplified set of rules that would fit this purpose (see for example the SCC Rules for Expedited Arbitration, the ICC Expedited Procedure Provisions, and the SIAC Rules for Expedited Procedure and Emergency Arbitration). The importance of developing rules for expedited dispute resolution has recently also been considered by the UNCITRAL Working Group II, in light of the "increasing demand to resolve simple, low value cases by arbitration" and "the lack of international mechanisms to cope with such disputes". As a result, the UNCITRAL 2021 Expedited Arbitration Rules ("UNCITRAL EAR") have taken effect on 19 September 2021. This blog entry briefly discusses the UNCITRAL EAR's key aspects.

Dutch Supreme Court rules on starting date for revocation claim of arbitral award

10 September 2021

An arbitral award may be revoked due to fraud, forgery or the withholding of significant documents. Under Article 1068(2) DCCP, the claim must be submitted within three months after the fraud or forgery has become known or the party has obtained the withheld documents. On 28 May 2021, the Dutch Supreme Court clarified that starting this three-month period for each of these grounds can either be at the same time or at different times, depending on the circumstances of the case.

Netherlands-seated investment arbitration – strictly confidential? Not necessarily

4 June 2021

Investment arbitration, as a mechanism for dispute resolution between States and foreign investors, has developed over the past 20 years into a relatively popular alternative to local judicial proceedings.

Netherlands Arbitration Institute (NAI) Virtual Hearing Guidelines

1 April 2021

In times of COVID-19 most of the in-person meetings and/or hearings have been postponed or have been continued subject to strict guidelines by national governments. To ensure that the pending dispute resolution proceedings are not unduly delayed, meetings and/or hearings are often conducted by virtual means (video or telephone conferences).

The ICC Report on the Accuracy of Fact Witness Memory in International Arbitration

17 February 2021

On 19 January 2021, the ICC Task Force on Maximising the Probative Value of Witness Evidence (the "Task Force") presented its report on the accuracy of fact witness memory in international arbitration (the "Report"). The Report analyses the psychological science of human memory and aims to guide counsel and arbitrators on how to increase the evidentiary value of witness evidence, considering the functioning of human memory. This News Update gives a high-level overview of the Report's contents and key findings.

THE 2021 ICC RULES

10 December 2020

On 1 December 2020, the International Court of Arbitration of the International Chamber of Commerce (''ICC'') officially launched its revised Rules of Arbitration, which will enter into force in January 2021. This News Update provides a brief overview of the key changes made in these new rules.