INTERNATIONAL ARBITRATION 1/3LY
NEWS IN BRIEF 43
MARKE T ACT I V I T Y
C LY DE & CO MA RK S T EN Y E A RS IN T HE US A W I T H MI AMI OF F I CE OPENING Clyde&Co announced the opening of its sixth US office inMay 2016, through the acquisition of the entire team fromMiami litigation firm, Thornton Davis Fein. Thornton Davis Fein has a standout reputation for handling complex litigation and trials for corporations and insurers. Clyde&Co Partner Ricardo Lewandowski will also relocate fromLondon to launch a Latin American liaison service inMiami. He will continue to service clients fromEurope, Latin America and the USA. Ricardo is dual-qualified in both England and Brazil and is part of Clyde&Co’s International Dispute Resolution Group.
F I V E S TAT E S PROP OSE S INGL E IN T R A - EU MULT I L AT ER A L IN V E S TMEN T A GREEMEN T
The proposed treatywould replace almost 200 bilateral treaties that are currently inforce between EUmember states. The single intra-EUmultilateral treatywas proposed by France, Germany, the Netherlands, Austria and Finland. The treatywould bring investment protections that are already found in EU law, together in one place. These protections include fair and equitable treatment, full protection and security and compensation in case of expropriation.
I C C IMPRO V E S T R A NSPA RENC Y ON A RB I T R AT ORS ’ F EE S
EQU A L REPRE SEN TAT I ON IN A RB I T R AT I ON P L EDGE
In the spirit of the ICC’s recent moves towards greater transparency the ICC has revised its note to parties and arbitral tribunals, providing greater transparency to parties and tribunals on the way inwhich fees are to be fixed by the ICC Court. A new ICC form for statements of time and travel has also been published for arbitrators to provide periodic reports on the time spent and activities performed in all new cases to assist the ICC Court in fixing fees. Finally, the Court will retainmore flexibility, in absence of an agreement between the co-arbitrators, to allocate the fees within the arbitral tribunal.
The Pledge, launched on 18May 2016, calls for support of the international arbitration community in increasing the number of women appointed as arbitrators, on an equal opportunity basis. Published data has shown that only 10% of sitting arbitrators are women, compared to the 20% of female dispute resolution partners practicing in law firms globally. Signatories, which include law firms, corporations, arbitral institutions and government bodies, will commit to “improving the profile and representation of women” in the field. The Pledge can be signed at the following address: www.arbitrationpledge.com
I C C PA R T NERS W I T H OH A DA T O BOOS T A RB I T R AT I ON IN A F R I C A
S I A C UN V E I L S NEW RUL E S AT S I A C CONGRE S S
The partnership between the ICC and the Organisation for the Harmonization of Business Law in Africa (OHADA) has come in response to an increase in investment and trade in Africa. The agreement, whichwill be signed by the organisations in June 2014, aims to promote, professionaliseandstandardisearbitrationpractices throughout theOHADA’s17member countries. KC A B L A UNCH NEW IN T ERN AT I ON A L A RB I T R AT I ON RUL E S Newarbitration rules published by the Korean Commercial Arbitration Board (KCAB) provide users with amore comprehensive framework of arbitration that facilitates effective dispute settlement for parties involved. The KCAB International Arbitration Rules (ie the 2016 KCAB Rules) also include some innovative features in response to growing demand fromusers andwill come into force on 1 June 2016.
The new rules came into effect on 1 June 2016 andwere launched as the centre celebrated their 25th anniversary. Amongst other things, the new rules include provisions for multi-contract disputes and consolidation; and for non-parties to be joined to a dispute or make interventions in a dispute. The SIAC put together the new rules in response to the complexity of the disputes that they see. DR A F T GU I DEL INE S ON T HI RD - PA R T Y F UND ING REL E A SED BY C I E TA C ’ S HONG KONG A RB I T R AT I ON CEN T RE The draft guidelines are intended for parties and arbitrators taking part in arbitrations where there is, or may be, an element of third-party funding. The guidelines have been interpreted as amove towards permitting third-party funding in the special administrative region. The guidelines were drafted by arbitration practitioners and arbitrators practicing in the region. A public consultation is currently underway before the guidelines are finalised.
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