Interesting Issues in Arbitration: A Smörgåsbord for Arbitration Practitoners
Benefits
After completing all training podcasts in this bundle you will:
- Appreciate the importance of London as an international centre of arbitration and how that might be facing challenge
- Be aware of the important Court of Appeal decision of Jivraj v Hashwani and its implications for the selection of arbitrators based on nationality
- Be aware of the current state of EU law concerning cross border jurisdiction and arbitration proceedings and how Brussels I might be reformed to cover arbitration
- Understand Be aware of the impact of the Supreme Court's decision in Dallah v Government of Pakistan for the enforcement of arbitration awards
- Understand what is meant by bias or impartiality in the context of arbitration proceedings and how this might be overcome
- Understand the basis on which to challenge a tribunal award for procedural errors and irregularities
Training Bundle Overview
This training bundle will provide you with an overview of some of the current interesting developments affecting the arbitration community, from recent court rulings on enforcement and the statute of arbitrators to practical guidance on drafting arbitration clauses. Providing you with in-depth practitioner analysis; enabling you to effectively navigate some of the problematic elements of the arbitration process from jurisdiction, to drafting to picking your arbitration panel. This arbitration podcast bundle will equip you with an awareness of what’s needed when looking at arbitration as a means of effective dispute resolution.
- CPD Points:
- This bundle can provide up to 8 points details »
- Price:
- £299 (includes unlimited access until the end of 2012!)
- Suitable for:
- Solicitors
- Barristers
- Junior Practitioners
- Litigators
- Practice Area:
- European Law
- Commercial Litigation
- ADR
- Contributors:
What is a CPDcast Bundle?
CPDcast training bundles contain a hand-picked selection of our CPDcasts that together will provide you with a discrete in-depth analysis of specific legal developments from scrutiny of the statutes and case law to practical application.
Contents
Interesting Issues in Arbitration contains the following CPDcasts:
- with Nick Gray from Slaughter and May
The podcast aims to provide a comprehensive introduction of how to prepare for proceedings against an insolvent party.
Nick Gray firstly sets out the issues that arise during cross border insolvency and discusses recent cases and the implications of the enforcement of the UNITRAL Model Law.
The second part focuses on advising claimants in instances when a defendant becomes insolvent. Following on from this discussion, the final part provides guidance on responding to circumstances when the claimant becomes insolvent. For both insolvent defendants and claimants, the podcast discusses the likelihood of a Stay of proceedings being issued, the duties of the office holder during the insolvency and whether an application for security of costs will succeed.
The podcast also provides practical advice on the core issues that practitioners ought to be consider; such as ensuring adequate funding to defend or advance a claim, the possibility of recoverability of costs and how to take a cost-efficient approach when deciding whether to advance a claim against an insolvent party.
After completing this course you will:
- Provides an introduction to the wider context in which insolvency proceedings often take place through considering the implications of cross border insolvencies;
- Outlines recent insolvency cases and the implications of the introduction EC Regulation 1346/2000 and the UNCITRAL Model Law for cross-border insolvencies;
- Provides practical advice on strategies to ensure that parties are able to protect their position when the opponent becomes insolvent prior to or during proceedings;
- Considers the issue of domestic insolvency when the defendant is insolvent and likewise when the claimant becomes insolvent;
- Provides practical advice and guidance on whether a stay will be issued, the interpretation of the Insolvency Rules, the role of office holders during the proceedings and funding options.
- with Andrew Aglionby from Olswang LLP
In this podcast, Andrew Aglionby, a partner at law firm Olswang, discusses the law regarding arbitration and arbitration awards in international disputes. This podcast focuses on the Supreme Court decision in Dallah Real Estate and Tourism Holding Co v Government of Pakistan [2010] and the effect of that decision on this area of law. In particular, it looks at the rules contained in the New York Convention and the Arbitration Act 1996.
After completing this course you will:
- Have an understanding of the legal effect of an arbitration award;
- Be aware of the key issues discussed in Dallah v Government of Pakistan [2010];
- Understand the principal of kompetenz-kompetenz;
- Appreciate the key provisions of the Arbitration Act 1996 with regard to arbitration awards;
- Know the effect of the key provisions of the New York Convention;
- Be aware of the court's discretion with regard to enforcement of an arbitration award.
- with Richard Bamforth from Olswang LLP
This podcast is aimed a practitioners who undertake dispute resolution by means of arbitration as well as those who act as arbitrators. It will examine the current issues that are emerging in international arbitration about the perceptions of bias or partiality among arbitrators and what guidance is available to preserve the integrity of the arbitration process.
After completing this course you will:
- Know why impartiality is an important feature of international arbitration;
- Understand what is meant by ‘impartiality’, ‘conflict’ and ‘bias’;
- Understand whether apparent bias is more dangerous than actual bias;
- Understand how instances of perceived impartiality are graded;
- Be aware of the current challenges facing London as a centre of international arbitration;
- Be aware of the sources of international guidance on impartiality and conflicts;
- Understand the practical limitations on raising issues of potential conflict and bias;
- Understand who is responsible for enforcing issues of impartiality;
- Understand How one goes about challenging an arbitrator on grounds of impartiality;
- Understand from recent examples why challenges happen;
- Understand the current debate about impartiality and the English Bar and who’s perspective is important in resolving potential issues.
- with Philip Clifford from Latham & Watkins
This podcast is aimed at those who work in arbitration or who draft arbitration agreements or those interested in discrimination law generally. The podcast aims to set out the facts and rationale behind the 2010 case of Jivraj v Hashwani in which the Court of Appeal extended the protection of anti-discrimination law to arbitrators. This podcast aims to examine the rationale behind this judgment, assessing its potential impact on both the domestic and international arbitration community.
After completing this course you will:
- Understand the facts of Jivraj v Hashwani;
- Understand the basis on which it was argued that the selection of an arbitrator was contrary to anti-discrimination law;
- Be aware of the scope of the protection afforded by the (Religion or Belief) Regulations 2003;
- Understand the meaning of ‘employee’ for the purposes of the Equality Act 2010;
- Have considered whether arbitrators can properly be termed employees;
- Understand why there are concerns among the arbitration community that this decision will be widened to encompass nationality;
- Be aware of the international practice of discriminating on grounds of nationality within institutional rules when selecting arbitrators;
- Understand what implications the decision may have for those who draft discriminatory selection criteria into arbitration agreements.
- with David di Mambro from Radcliffe Chambers
This podcast is aimed at draftsmen and junior practitioners who are looking to get into arbitration. It aims to outline some of the common issues that practitioners might come across when drafting an arbitration agreement including its scope, whether arbitration is really the correct course, the advantages and disadvantages of the process, where to base the arbitration, the appointment of arbitrators and challenging an award.
After completing this course you will:
- Be aware of the advantages and possible disadvantages of opting for arbitration as your preferred means of dispute resolution;
- Understand the role of an arbitrator;
- Be aware of the tension that needs to be managed between the arbitrator and the parties in determining the pace and procedure of an arbitration;
- Know whether it is better to draft an arbitration clause widely or narrowly;
- Understand what is meant by the seat of arbitration;
- Be aware of the flexibility available to parties who use arbitration;
- Be aware of some of the common issues that might arise in the selection and appointment of an arbitrator;
- Know the primary grounds on which an arbitration award might be challenged in the English courts.
- with Murray Rosen QC and Pamela Kiesselbach from Herbert Smith LLP
This CPDcast mini-series is aimed at those who are engaged in cross border litigation and arbitration. It aims to explore the reform proposals put forward to amend the Brussels I Regulations and speculates what such changes would mean for those involved in cross border disputes both within and outside the European Union.
After completing this course you will:
- Understand what a ‘torpedo action’ is and why they are a problem;
- Understand what the reform proposals will do to bolster the efficacy of choice of jurisdiction agreements;
- Be aware of the lis alibi pendens rule and what the reform proposals mean for the doctrine where there is a jurisdiction agreement;
- Be aware of the concerns about the way the current provisions on choice of jurisdiction clauses are drafted;
- Understand the relationship between arbitration proceedings and the Brussels I regime;
- Understand what provision the proposals make with regard to the efficacy of arbitration agreements in the EU;
- Be aware of the West Tankers decision and what problems it causes;
- Know the arguments about the complete exclusion (or otherwise) of arbitration proceedings from Brussels I;
- Understand the significance of the UK government’s decision to opt-in to the negotiation process for Brussels I and what are the likely sticking points.
- with Deborah Ruff and Matthew Page from Dewey & LeBoeuf LLP
This podcast aims to give the listener an overview of the controversial decision in Jivraj v Hashwani. It looks at why this case has attracted so much attention and discusses the possible reasons that the key issues before the court were decided differently in the Commercial Court and the Court of Appeal. In this podcast a number of employment law concepts and their applicability to arbitration and arbitrators are explored. The effect that clauses infringing discrimination legislation will have when incorporated into an arbitration agreement is also discussed. Finally, this podcast adresses the pending Supreme Court decision and the impact that this case will have both on London as an arbitral centre and on this area of law.
After completing this course you will:
- Understand the potential impact of the Jivraj case on dispute resolution;
- Appreciate why this case has attracted attention in the arbitration community;
- Be aware of the key issues before the court;
- Recognise the differing approaches of the Commercial Court and the Court of Appeal;
- Understand the impact equality legislation has had on this area of law;
- Know about the status of this case before its Supreme Court ruling;
- Appreciate the potential impact this case may have on London's status as an arbitral centre.
- with Kieron O'Callaghan and Catherine Robert from Hogan Lovells
This podcast with arbitration specialists from Hogan Lovells discusses the ambit of the provisions in the UK Arbitration Act dealing with challenges to an award because of a serious procedural irregularity. It addresses the meaning of that term and the common facts which give rise to a challenge. It will address the relationship s68 has with its neighbouring provisions in s67 and s69 as some discussion of the appropriate procedure.
After completing this course you will:
- Understand what the function of section 68 is;
- Understand what is meant by a ‘serious irregularity’;
- Understand the importance of a causal link between irregularity and prejudiced;
- Understand the relationship between s68, s67 and s69;
- Know the extent to which an arbitral tribunal is permitted to correct its own irregularities;
- Be aware of the importance of giving reasons for a particular decision;
- Know the procedure to mount a challenge;
- Know how section 68 applies to international arbitration proceedings.
Contributors
Interesting Issues in Arbitration features the following legal experts:
Aglionby, Andrew (Olswang LLP)
Andrew Aglionby is a partner in the commercial litigation group at Olswang in London. He is an international arbitration specialist with a background in construction litigation and advises clients in a wide range of sectors. Prior to joining Olswang, Andrew was based in Baker & McKenzie's Hong Kong office, where he was head of the international arbitration and construction teams. Andrew is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators and Fellow of the Hong Kong Institute of Arbitrators. He has written a number of articles and given presentations on various areas of international arbitration and has contributed to various journals and books, including co-authoring the chapter on arbitration in Chitty on Contracts.
Bamforth, Richard (Olswang LLP)
Richard is a specialist in international commercial arbitration, commercial litigation and ADR, focussing on cross border disputes in the media, banking, finance, insolvency, energy and telecommunications sectors. He has represented clients in arbitrations conducted under all the major institutional rules (ICC, LCIA, UNCITRAL) and other ad hoc arbitrations. He has also represented clients in litigation in the High Court, Court of Appeal, House of Lords and Privy Council as well as in mediation.
Richard is accredited as a mediator by the Centre for Effective Dispute Resolution (CEDR).
Clifford, Philip (Latham & Watkins)
Philip is the London Chair of Latham & Watkins' Litigation Department. He has 18 years experience of resolving a broad range of disputes through domestic and international arbitration, litigation and mediation. He has particular expertise in complex and cross border disputes, such as those arising out of engineering, construction, infrastructure, energy and power projects, joint ventures, mergers and acquisitions, distribution agreements and long term supply contracts. Philip also sits as an arbitrator. Philip is recognised in both Chambers and Legal 500 as a “leading” arbitration practitioner, with Chambers UK 2011 quoting a source describing him as “a pleasure to work with and extremely adept at resolving cross-border disputes”. Legal 500 quotes a client describing Mr. Clifford as “one of the very best in the profession” and notes that he is “renowned for energy cases” .
di Mambro , David (Radcliffe Chambers)
David practices in Commercial Law and Property Law. His commercial practice includes commercial contracts (particularly guarantees), construction of contracts (in which he has particular expertise and experience), jurisdictional and applicable law problems, confidentiality and passing off. He has extensive experience of fraud and breach of fiduciary duty cases and is regarded as an accomplished and penetrating cross-examiner.
Gray, Nick (Slaughter and May)
Nick has considerable experience in large-scale litigation and arbitration within the national domestic and international spheres, handling complex and large-scale litigation. His work encompasses a wide range of disputes ranging from banking matters, share and asset sales and energy agreements. Through this work, Nick has gained expertise in multifaceted jurisdictional issues and managing litigations across a number of continents.
Nick is named as a leading practitioner in the Dispute Resolution section of Chambers UK, 2010 and in the Chambers Europe and Chambers Global 2009 editions. In addition, he is has been recognized as a leading individual in the 'International arbitration' section of The Legal 500 (2009).
Kiesselbach, Pamela (Herbert Smith LLP)
Pamela is a Professional Support Lawyer at Herbert Smith LLP and a senior lecturer at the College of Law. Pamela is dually qualified as a German and English lawyer and has practised as a litigator for over 8 years. She has acted for clients in commercial disputes often with cross-border elements. She specialises in Private International Law and has contributed to a number of consultations relating to the Brussels Regulation and the Rome I Regulation and has written articles on the subject.
O'Callaghan, Kieron (Hogan Lovells)
Kieron is a partner within Hogan Lovells’ International Arbitration and Litigation practice. He has extensive experience of handling complex, high-value, international commercial disputes (including ad hoc arbitrations and arbitrations under the rules of the ICC, LCIA, UNCITRAL and ICSID), particularly within the fields of energy, mining, commodities, international trade and natural resources. Kieron is "highly recommended" and praised for his "dedication and commitment" (Legal 500, 2009).
Kieron is a solicitor-advocate with full rights of audience for civil matters at all levels of the English courts. He co-edits Hogan Lovells International Arbitration Newsletter and is a contributing author to the Handbook on International Arbitration (Capper - third edition LLP 2005).
Page, Matthew (Dewey & LeBoeuf LLP)
Matthew Page is a senior associate in the London office of Dewey & LeBoeuf where he works in the International Dispute Resolution Group. He advises on disputes in a range of jurisdiction and industry sectors such as energy, telecoms and construction and has experience litigating before the English High Court. Matthew also has experience advising clients on international law relating to treaties and to the protection of foreign investments, and on the applicability of international sanctions laws. He regularly authors articles on international arbitration for arbitration journals.
Robert, Catherine (Hogan Lovells)
Catherine is a senior associate in Hogan Lovells' London office, specialising in commercial and retail banking litigation. She has experience of advising a wide range of clients in relation to banking and general commercial disputes, including major international arbitrations and cross-border litigation. Catherine acted in the important 2010 test case of Office of Fair Trading v Abbey National PLC & Others. She also advises financial institutions on compliance with UK financial sanctions. Catherine also has higher rights of audience.
Rosen QC, Murray (Herbert Smith LLP)
Murray Rosen QC is head of Herbert Smith’s Advocacy Unit having formerly been head of chambers at 11 Stone Buildings in Lincoln’s Inn, He was appointed Queens Counsel in 1993 and has consistently been featured in Chambers and Legal 500 as a leading practitioner in commercial litigation, Chancery commercial, civil fraud and sport.
He is described as "tactically flawless" and is lauded as an "excellent advocate”with “considerable experience and a weighty reputation”.
Murray was appointed a Recorder in 2000 and is a bencher of Lincoln’s Inn. As well as his eminent practice as an advocate and team leader in commercial disputes, he has acted as a tribunal chairman, an arbitrator and a mediator. Murray is a Fellow of the Chartered Institute of Arbitrators, a member of the London Court of International Arbitration and the Sports Dispute Resolution Panel.
Ruff, Deborah (Dewey & LeBoeuf LLP)
Deborah Ruff co-chairs the arbitration group and international non-US litigation. She is a partner in the litigation department in the London office, with a strong international focus to her practice. She has conducted a wide variety of high value and complex international arbitration cases, both under the various institutional rules and on an ad hoc basis. Deborah regularly represents clients in arbitrations under the rules of the London Court of International Arbitration, the International Chamber of Commerce and UNCITRAL. She conducts her own advocacy in arbitration proceedings. She also handles complex, high value and cross border litigation, often including freezing orders and other interlocutory relief. Deborah has particular experience in the energy, telecommunications, banking and construction sectors and shareholder disputes.
