International Arbitration Newsletter - January 2019 | Institutional and Other News
The most relevant arbitration institutional and other news from the global International Arbitration and ADR practice group at Garrigues.
Institutional and other news
Publication of the CESA 2017 Arbitration Yearbook
The Comitê Temático de Arbitragem of the Centro de Estudos das Sociedades de Advogados has published the Aunário da Arbitragem no Brasil 2017 in collaboration with 15 Brazilian and one international arbitration institutions (ICC).
The data highlights the strong growth of arbitration in Brazil. The leading institutions in terms of numbers of cases administered are the CAM-CCBC (299 cases), the ICC (115 cases) and the CIESP (113 cases) out of a total of 919 cases (of which 455 were initiated throughout 2017).
It can be read from the Anuário that arbitration is fundamentally local. Almost all of the arbitrations are subject to Brazilian law (in the case of the ICC only 10% of the arbitrations were subject to another law different from the Brazilian one) and also the parties are mostly Brazilian. The ICC presents a higher participation rate of foreign parties with 49% while the 6 local insitutions in which there are cases with foreign parties present low rates (between 3%-15%).
Likewise, the appointment of foreign arbitrators is practically nill, except in the case of the ICC (with a 60% appointment of foreign arbitrators).
The main matters in dispute are corporate disputes and those related to construction and infrastructure projects.
The average amount in dispute in the three chambers with the mostcases are: €28,600,000 in the CAM-CCBC, €115,000,000 in the ICC and €7,100,000 in the CIESP.
ICC releases updated guidance on the conduct of arbitration under its rules
The ICC International Court of Arbitration has released updated guidance on the conduct of arbitration under its rules – seeking to assist arbitrators with disclosure of potential conflicts, facilitate the constitution of tribunals and enhance transparency among other goals – and adapted its model clause to take account of a controversial judgment in Russia. The guidance comes in the form of a note for parties and arbitral tribunals, which also summarises the practices of the ICC Court.
New arbitration rules of SCIA to include appellate procedures
The Shenzhen Court of International Arbitration (SCIA) has published its new arbitration rules, which are the first to include an appellate arbitration procedure in China. The new rules will come into force on 21 February 2019.
Senior Associate Elisa Vicente (Madrid office) has been appointed as a coordinator of the CEA Under-40 for Madrid for the Spanish Arbitration Court (CEA).
Joe Tirado (London) has been appointed to the China Arbitration Association and the Japan Commercial Arbitration Association international panels of arbitrators and mediatiors.
Pedro Tent (Valencia) to speak on 25 January 2019 in Valencia at Ilustre Colegio de Abogados de Valencia in cooperation with the Asociación Europea de Arbitraje.
Joe Tirado (London) to speak at 7th Annual Arbitration and Investment Summit - Caribbean, Latin America and Other Emerging Markets, in Nassau on 25 January 2018.