ICC Guide for In-House Counsel on Effective Management of Arbitration Guide

The ICC’s Commission on Arbitration and ADR launched its Guide for In-House Counsel and Other Party Representatives on Effective Management of Arbitration in June 2014. The guide is designed “to provide in-house counsel and other party representatives, such as managers and government officials, with a practical toolkit for making decisions on how to conduct an arbitration in a time- and cost-effective manner, having regard to the complexity and value of the dispute.”

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Frankfurt Court of Appeals on Conciliation Requirement Before Starting Litigation – Suhrkamp

This court decision is part of an on-going litigation battle between the shareholders of Suhrkamp Verlag, one of Germany’s best known publishing houses, with authors such as Hermann Hesse,  Samuel Beckett, Octavio Paz, James Joyce, Peter Handke, Jürgen Habermas or Uwe Johnson to its name, to name just a random few.

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Update: Should the Setting Aside of the Arbitral Award be Abolished?

Professor Albert Jan van den Berg dealt with this rather provocative question when he delivered the 2nd Karl-Heinz Böckstiegel Lecture on the topic on September 13, 2013. The lecture has since been published, and made available on video tape. In his lecture, Professor van den Berg undertook a tour d’horizon of the legal issues that setting aside procedures create – it is well worth reading, but for all those of you you can not deal with the uncertainty of not knowing the answer, I am going to give away his conclusion: Continue reading

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Ethics in International Arbitration: The Big Debate

In May 2013, the IBA Council approved the IBA Guidelines on Party Representation in International Arbitration. The Guidelines are addressing a perception that “international arbitration has something of a reputation as the ‘Wild West’ of the law; a land where personalities are at least as important (or perhaps more so) than procedural rules, and legal representatives can be viewed by their clients as hired guns.” This is how Matthew Seys-Llewellyn’s put it in a report at Halsbury’s Law Exchange about a debate on the topic held in London on November 18, 2013:  Continue reading

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