International Arbitration Insights

23 April 2004

Welcome to the April edition of Clayton Utz International Arbitration Insights. In this edition we look at investment protection and the new AUSFTA - what protection does it give?

We'll also look at two sets of rules which could make arbitration easier. Current uncertainty about when an arbitrator can be removed for bias has led to the development of new IBA Guidelines on impartiality and independence, while the IBA Rules on Evidence can make proceedings more efficient.

Finally, we'll look at the growing use of technology in arbitration, and the confidentiality of arbitration proceedings.

Using technology in international arbitration

By Andrew Stephenson and Simon Chapple.

Because arbitration is a flexible and creative forum, it can utilise technology more easily than courts, but as Andrew Stephenson (pictured) and Simon Chapple explain, you must take care in setting up new processes to achieve the best outcomes.

How to be impartial and independent: The new IBA Guidelines for arbitrators

By Björn Gehle.

Although challenges (tactical or genuine) to arbitrators are increasing, the standards for deciding on impartiality and independence are unclear. Björn Gehle looks at new IBA Guidelines which can help in assessing genuine cases and whether an arbitrator should withdraw.

A Guide to International Arbitration

Clayton Utz' A Guide to International Arbitration is a straightforward explanation of international arbitration.

Always, never, or sometimes? The confidentiality of arbitration

By Frank Bannon.

Arbitration was considered confidential, but case-law suggests confidentiality is at best limited, says Frank Bannon. Since parties can no longer rely on an implied term of confidentiality (in Australia or elsewhere), they should draft specific confidentiality terms in their arbitration agreements.

International Rules can improve efficiency of arbitration proceedings

By Doug Jones.

Doug Jones looks at the IBA Rules, an internationalised standard for procedure and evidence which can make proceedings more efficient and allow focus on substantive issues.

To have and have not: Investment protection and arbitration under the AUSFTA

By Jonathan Hoyle.

The proposed free trade deal between the US and Australia won’t let private investors use international arbitration against the host state, but as Jonathan Hoyle shows, there does not appear to be anything to stop investors from entering into a specific arbitration agreement with a host state.

International Arbitration Insights

Using technology in international arbitration

How to be impartial and independent: The new IBA Guidelines for arbitrators

A Guide to International Arbitration

Always, never, or sometimes? The confidentiality of arbitration

International Rules can improve efficiency of arbitration proceedings

To have and have not: Investment protection and arbitration under the AUSFTA

Clayton Utz/Sydney University International Arbitration Lecture

Profile: Jonathan Hoyle

Profile: Dale Brackin

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