Gerald Metals SA V The Trustees of the Timis Trust & others  EWHC 2327 Summary In an important recent decision on the intersection between emergency arbitrator provisions and applications to court for interim relief, the English High Court held that it was only entitled to provide interim relief to a party to an arbitration agreement where either an emergency arbitrator or an expeditiously formed tribunal were unable to provide the requested relief. The court also held that there was no substantive distinction between the various tests for interim relief
In November, the China International Economic and Trade Arbitration Commission (CIETAC) published the CIETAC Arbitration Rules 2015 (“the 2015 Rules”), which will enter into force on 1 January 2015. The changes are designed to improve the efficiency of CIETAC arbitral proceedings and bring the CIETAC Arbitration Rules closer in line with international best practice. The 2015 Rules also introduce special provisions applicable to the CIETAC Hong Kong Arbitration Centre (“CIETAC Hong Kong”). Key updates include: Emergency arbitrator procedure The 2015 Rules introduce an emergency arbitration procedure, similar to other
The London Court of International Arbitration has completed the process of revising its arbitration rules (which we previously discussed in March 2014) and has published the final revised rules on its website. The new rules will take effect from 1 October 2014. The LCIA has stated that the Rules will “ensure an effective, efficient and fair process” and that they “modernise and improve upon the existing version, reinforcing the LCIA as one of the world’s leading providers of efficient international arbitration services”. In general, the amendments have sought to bring
Introduction As we reported recently, the Japan Commercial Arbitration Association (JCAA) published new Commercial Arbitration Rules earlier this year. The new JCAA Rules apply to all arbitrations commenced on or after 1 February 2014. We recently published a note comparing the new JCAA Rules to the latest rules of three other major institutions popular with parties in Asia: SIAC (the Singapore International Arbitration Centre), HKIAC (the Hong Kong International Arbitration Centre), and the ICC (International Chamber of Commerce). The new JCAA Rules include a number of provisions intended to bring
On 5 May 2014, the World Intellectual Property Organisation (“WIPO”) Arbitration and Mediation Center released its new Mediation, (Expedited) Arbitration and Expert Determination Rules. The new rules come into effect on 1 June 2014 and (with the exception of the provisions on emergency relief) will apply to all WIPO mediations, arbitrations and expert determinations commenced on or after that date. The revisions to the WIPO Rules reflect many of the trends seen in other recent revisions to institutional arbitration rules. These include joinder, consolidation, emergency relief and effective case management.
The London Court of International Arbitration has published a “final draft” of its revised arbitration rules on its website. The aim is for the draft rules to be discussed at the LCIA Court meeting at Tylney Hall on 9 May 2014. If approved, the revisions will come into force shortly afterwards. The main thrust of the proposed changes is to improve procedural efficiency by reducing the scope for abuse of process and by modernising provisions which were last updated in 1998. Features of the new Rules likely to be of
A feature of the wave of revisions to the rules of various arbitral institutions over recent years has been the rise of the emergency arbitrator. The International Centre for Dispute Resolution (“ICDR”) and Stockholm Chamber of Commerce (“SCC”) were early trend-setters, introducing emergency arbitrator procedures that came into force in 2006 and 2010 respectively. The emergency arbitrator has since become widespread in international arbitration rules: institutions including the Hong Kong International Arbitration Centre (“HKIAC”), Singapore International Arbitration Centre (“SIAC”), Kuala Lumpur Regional Centre for Arbitration (“KLRCA”), the Swiss Chambers of