Summary

The article begins by setting out the position in English law and continues with an overview of the current legal framework in a number of jurisdictions in Europe and also in Singapore, Hong Kong, the Middle East and in Russia. The approach varies considerably, and the resultant uncertainty is further exacerbated by the fact that an arbitrator will also need to comply with the institutional rules governing the arbitration. The article goes on to explain that in response to concerns that further guidance was needed, the IBA produced some guidelines and the LCIA made a decision to ...