Decisions

Whatever the reason for choosing arbitration, arbitrators perform a very important function. While, unlike judges, they are private appointees, they are like judges in that they have a duty to act judicially – and this very important duty is not merely owed to the parties to the arbitration, but it is also, I would suggest, owed to the public. When performing their function, arbitrators are participating in the rule of law: they are giving effect to the parties’ contract in accordance with substantive and procedural legal principles…

– Lord Neuberger, 2013

[t]he tribunal’s first task was to determine by which procedural law the arbitration was to be governed… On that basis, the curial law governing the procedure of the reference was Hong Kong law and, in particular, the Arbitration Ordinance 2010. The seat of the arbitration was, accordingly, Hong Kong

– Hong Kong, 2014, Laytime & demurrage

First, while strict rules of evidence generally do not apply in arbitration, tribunals will continue to rely on common law notions of burden of proof when it comes to parties having to prove their claim

– Singapore, 2021, maintenance & repairs

In Small Claims Procedure cases in particular submissions could and should be kept short and punchy, and a minimum of evidence – particularly expert and opinion evidence – was appropriate.

– London, 1997, Speed claims

The contract did not contain any express choice of law clause and none was to be inferred. It was therefore necessary to look for the system of law with which the transaction had its closest and most real connection… Accordingly, the proper law of the contracts was French law.

– ICC arbitration, 1991, CIF contract