header-logo header-logo

06 March 2015 / Khawar Qureshi KC
Issue: 7643 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

A risky business?

nlj_7643_qureshi

Khawar Qureshi QC outlines recent developments in arbitrator impartiality

The use of international arbitration to deal with matters that might otherwise have been considered by domestic courts has become more widespread. London’s prominence in this regard remains, albeit that successful regional centres are being established in jurisdictions such as Dubai and Singapore.

Increasingly, domestic courts in some of the jurisdictions that were hitherto considered to be other than “arbitration friendly” are adopting a more supportive stance. All of these factors indicate that the use of arbitration is likely to be more pronounced going forwards.

However, as users have become more experienced, some have pointed to costs/delay and the adoption of cumbersome “old style court-like” process as being factors which are militating against arbitration being cost effective and expeditious.

These concerns have been met by the main arbitral rule providers embarking upon significant changes in an effort to streamline the process (see the amended and UNCITRAL Rules (2010), ICC Rules (2012), and LCIA Rules (2014)).

Some commentators also point to the lack of any consistent or clear ethical framework for the conduct of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll