ICSID Eyes Third Party Funding Disclosure

In October 2016, the International Centre for the Settlement of Investment Disputes (“ICSID”) announced that it would be amending its Arbitration Rules. The ICSID Secretariat released a list of topics that the Centre had considered addressing. One of the topics was to “Explore Possible Provisions on Third Party Funding.”

ICSID invited the public to comment on its list of topics and just recently released the public submissions. Several practitioners directly addressed third party funding in their submissions.

Prof. Carlos Matheus López proposed that a party be required to disclose third party funding when its funder might raise questions about an appointed arbitrator. Prof. López’s main concern is the […]

ICSID Eyes Third Party Funding Disclosure 2018-02-26T02:02:37+00:00

France To Debut English-Language Court To Handle English Law Disputes

France will soon open a specialized appellate court that will resolve international commercial disputes in English. Starting on 1 March 2018, the International Chamber of the Paris Court of Appeal will hear appeals of first instance decisions of the International Chamber of the Paris Commercial Court, which itself was created in 2010 to adjudicate international cases involving foreign entities or an applicable foreign law.

Notably, the new chamber will be able to hear oral evidence and arguments in English, and documentary exhibits can be exchanged without translation into French. Further, the court will be able to issue judgments in […]

France To Debut English-Language Court To Handle English Law Disputes 2018-02-19T17:25:41+00:00

Young ICCA Conference, Los Angeles

Chang Law is pleased to sponsor the Young ICCA conference “Developing an International Arbitration Practice in CA.” The event is co-sponsored with Musick Peeler LLP and will be held at Musick Peeler’s office on 14 March 2018 from 1:30 to 6pm. See the flyer for the full schedule and address, here.

The conference will discuss the pending legislation intended to facilitate CA-seated international commercial arbitrations. Eric Z. Chang will serve as moderator. The first session will focus on the future of international arbitration in CA and what this means for practitioners, while the […]

Young ICCA Conference, Los Angeles 2018-02-19T20:04:25+00:00

Will India Follow Neighbors and Allow Third Party Funding?

Third party funding is currenlty prohibited in India. However, given rising arbitration costs in India, some practitioners are beginning to see its appeal. Advocates Payal Chawla and Aastha Bhardwaj brought this to the forefront in a recent article published in Bar & Bench and suggest that “[p]erhaps third party funding is the answer” to these rising costs.

Chawla and Bhardwaj recognize that India is growing as an arbitral center but argue that “[i]f India truly wishes to be a serious contender in international arbitrations, she must make it expedient for litigants to have access to funds.”

The authors point out that Indian parties have few financial options to […]

Will India Follow Neighbors and Allow Third Party Funding? 2018-02-09T16:09:30+00:00

ICCA Creates Cybersecurity Working Group

The International Council for Commercial Arbitration (ICCA) created a new Working Group to study Cybersecurity in International Arbitration.

Confidentiality of disputes is a cornerstone of international arbitration, but cybersecurity breaches undermine that assurance. The Cybersecurity Working Group is tasked to develop a set of practical guidelines and optional protocols to guard against the cyber seizure of confidential information involved in arbitrations.

The Cybersecurity Working Group will present its proposed guidelines to the 24th ICCA Congress in Sydney, in April 2018.

The Cybersecurity Working Group is a collaboration with the New York City Bar Association and the Conflict Prevention […]

ICCA Creates Cybersecurity Working Group
2018-02-06T19:35:35+00:00

ICC Expands Its New York Presence

The International Chamber of Commerce (ICC) has a new partnership with the New York International Arbitration Center (NYIAC) to facilitate ICC arbitrations seated in New YorkNYIAC does not administer arbitrations, but provides dedicated hearing rooms and support services for arbitrations conducted under any institutional rules or conducted ad hoc.

The Memorandum of Understanding signed by both parties came in response to New York‘s growing popularity as the seat of ICC arbitrations.

The ICC opened its New York office in 2013.

ICC Expands Its New York Presence 2018-02-02T18:51:40+00:00