How Are International Sanctions Impacting Russian Arbitration?

Ever since the introduction and then expansion of international sanctions on Russia (in particular by the US and the EU), arbitration practitioners have questioned whether this will prompt a change in the party selection of international arbitration in Russia-related commercial agreements. Specifically, whether historically popular arbitral venues outside Russia (London, Stockholm and others in Europe) will see a decline in […]

7 factors to consider before choosing arbitration over litigation

Many contracts are increasingly adopting the incorporation of an arbitration clause in the event of dispute between concerned parties. In fact, some contracts even stipulate that all disputes must be compulsorily subjected to arbitration rather than litigation. It is therefore important to have a good understanding of major differences between these two choices of dispute resolution. Except otherwise agreed by […]

Employees of a Party Ineligible for Appointment as Arbitrator – The Delhi High Court view in Assignia-VIL JV (Assignia) v Rail Vikas Nigam Ltd: April 2016

The Delhi High Court has recently ruled that a party to an arbitration cannot nominate its serving or retired officer as its nominee arbitrator. This view was taken in light of the recent amendments introduced by the Arbitration and Conciliation (Amendment) Act, 2015. The law was earlier governed inter alia by the Supreme Court judgement in Indian Oil Corporation Ltd. […]

English Court Removes Arbitrator for Apparent Bias

In the recent case of Cofely Ltd v Anthony Bingham & Knowles Ltd [2016] EWHC 240, England’s High Court made an order for the removal of the arbitrator (Anthony Bingham), pursuant to section 24 (1)(a) of the Arbitration Act 1996, on the grounds of apparent bias, as in the previous 3 years, 19% of the arbitrator’s appointments and 25% of […]

What is Customary Arbitration?

Customary Arbitration is arbitration in dispute founded on the voluntary submission of the parties to the decision of the arbitrators who are either chiefs or elders of the community. It is uniquely distinct from arbitration under the statute. At the centre of customary arbitration is the settlement of disputes by one or more arbiters in a community in accordance to […]

Role of Expert Witnesses in Arbitration

Expert witnesses continue to play an important role in the resolution of disputes in a wide range of industries such as personal injury, construction, engineering and information technology. Part 35 Expert and Assessors of the Civil Procedure Rules defines an expert witness as “a person who has been instructed to give or prepare expert evidence for the purpose of the […]

The Perceived Relationship Between Arbitration and Terrorism

In today’s world, terrorism has unfortunately become a phenomenon in the global community. Over the past decade, different forms of domestic and international terrorism have been witnessed around the world. Nigeria on its part has experienced several attacks by the Boko Haram terrorist group in the last few years with numerous casualties. According to the United Nations, terrorism can be […]

Challenges with International Arbitration in Africa: The Perceived and Real Problems

With the explosion of technology and increased globalisation, arbitration has become the preferred mechanism for settling disputes. While the concept of arbitration has existed in one form or another for centuries, the current popularity of international arbitration is something that has occurred slowly over a period time, particularly over the past twenty years. This increase in its popularity can in […]

The International Center For Settlement Of Investment Disputes ( ICSID)

The center was established at the Washington Convention of March 18 1965, for settlements of investment disputes between states and between nationals of ratifying states. The center is part of World Bank and is of special importance to developing countries because of the growing involvement of the World bank in the financing of their development programmes. The convention is designed […]