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2021 ICC Arbitration Rules Come Into Force Friday, January 8, 2021 ICC”) launched the Revised Rules of Arbitration (“ 2021 ICC Rules”), on 1 December 2020. 1 The 2021 ICC Rules enter into force on January 1, 2021. The ICC Arbitration Rules 2017 (“ 2017 ICC Rules”) will continue to apply to cases registered prior to January 1, 2021. 2 The amendments in the 2021 ICC Rules are a step towards greater efficiency, flexibility and transparency in ICC arbitrations. 3 Joinder of Parties and Consolidation of Proceedings; Disclosure of Third-Party Funding; Provisions for Investmen...

To embed, copy and paste the code into your website or blog: For the second time in two years, the U.S. Supreme Court will hear a case where the central issue is whether a court (or an arbitrator) should decide whether a dispute belongs in the courts or in arbitration. The Court heard oral argument on December 8, 2020, in Henry Schein, Inc. v. Archer & White Sales, Inc. ( Henry Schein II), having already issued a decision in January 2019 in the first iteration of the dispute. This case arises from a 2012 antitrust lawsuit between a distributor of dental equipment and its supplier. The distri...

Introduction CAM") enacted its new Arbitration Rules (the " New Rules"), applicable to all proceedings commenced from the same date. The novelties in the New Rules are mainly inspired by the impact of COVID-19 on business relationships and its potential to increase litigation (it is estimated that such an increase might be of about 25%). More generally, the New Rules aim at helping companies and consumers to solve any dispute, even not related to COVID-19, easily, quickly and with lower costs. The New Rules introduce a contractual determination procedure (Annex E) and a Simplified Arbitration...

The recent case of A v D (HCCT 52/2020) reinforces the pro-arbitration and pro-enforcement approach of Hong Kong courts. Under Article 34 (3) of the Model Law (adopted by section 81 of the Arbitration Ordinance (“ Ordinance”)), an application for setting aside an arbitral award may not be made three months after the applicant received the award. In this case the applicants sought to extend the time to set aside an arbitral award. The Court of First Instance (“ Court”) took the view that (even if the court had the jurisdiction to grant an extension) the Applicants had come nowhere nea...

The development of arbitration proceedings is fostered through the use of digital mechanisms. Since the beginning of the COVID-19 pandemic, the use of digital technology has been essential for the continuity of many arbitration proceedings. After demonstrating that the arbitration proceedings can be carried out through digital means, the 2021 Rules include modifications and clarifications that confirm and promote this practice for future proceedings. First, the new content of Article 3(1) removes the obligation to file physical copies of communications and documents. This establishes, as a n...