Arbitration & ADR updates

International

Conventional wisdom and innovation in arbitral proceedings
Obeid Law Firm
  • International
  • 22 April 2021

Innovative tools and platforms represent a way to improve the international arbitral process and ensure respect for conventional wisdom. Long and costly arbitration procedures can be avoided if the arbitration is organised and managed effectively, and numerous ideas have been developed to improve the efficiency of the arbitral process. This article considers several examples of procedural innovations which can improve both the time-consuming nature and cost efficiency of the arbitral process.


United Kingdom

Contributed by Clifford Chance
Compliance with preconditions to arbitration a matter of admissibility, not jurisdiction
  • United Kingdom
  • 22 April 2021

The High Court recently confirmed that alleged non-compliance with the provisions of a multi-tiered dispute resolution clause is exclusively a matter of admissibility for the arbitral tribunal and cannot lead to a successful jurisdictional challenge under Section 67 of the Arbitration Act. English law is now clearly aligned with the prevailing position internationally that a tribunal should decide on the admissibility of all claims before it, with narrow grounds for interference by national courts.


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