IBA meaning

Aroma Franchise Company, Inc v Aroma Espresso Bar Canada Inc. 2024 ONCA 839 What are the practical implications of this case? The ruling confirms that, unless the parties stipulate otherwise in their arbitration clause, the Model Law’s objective yardstick governs both arbitrators’ disclosure duties and their potential disqualification in international arbitrations seated in Ontario. In the absence of express agreement to the contrary, that objective benchmark is the applicable test. As the Model Law is embedded in the international commercial arbitration statutes of every other Canadian province, and incorporated into the provisions of the Code of civil procedure of Québec, the judgment carries significance across Canada and will be relevant nationwide. The Court further determined that the application judge erred in relying on pre‑appointment communications between the parties to find a reasonable apprehension of bias, given those exchanges were never put before the arbitrator; it was inappropriate to draw such an inference from material unknown to the tribunal. Overall, the decision serves as a timely prompt to practitioners...

In this issue: Arbitration in England & Wales International Arbitration Sector-and industry-specific arbitration Institutional and ad hoc arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information Arbitration in England & Wales Arbitration Bill receives Royal Assent, strengthening England and Wales as an arbitration hub The Arbitration Bill secured Royal Assent from His Majesty the King on 24 February 2025, and now takes effect as the Arbitration Act 2025. This targeted refinement of the Arbitration Act 1996 further consolidates London’s standing as a premier arbitration seat. See News Analysis: Arbitration Bill receives Royal Assent, strengthening England and Wales as an arbitration hub and LNB News 25/02/2025 7. Court of Appeal—final anti-suit injunction varied to avoid Russian court penalty In UniCredit v RusChemAlliance [2025] EWCA Civ 99, the Court of Appeal modified a final anti-suit injunction, removing the injunctive relief while keeping a declaration that...

International arbitration In this issue: International arbitration Institutional and ad hoc arbitration Hall, Moser & Wade: International Arbitration Handbook Other arbitration and ADR-related news and developments LexTalk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts Useful information Australia—Enforcement of ICSID Awards and State Immunity In Blasket Renewable Investments LLC v Kingdom of Spain [2025] FCA 1028, the Federal Court of Australia assessed Spain’s claim to sovereign immunity in proceedings to recognise and enforce intra‑EU International Centre for Settlement of Investment Disputes awards. Spain argued the awards were not binding or enforceable as EU law bars intra‑EU investment arbitration. The court rejected this, ruling the awards are binding under Article 53 of the ICSID Convention and enforceable in Australia under Article 54, as Spain, by entering the Convention, consented to enforcement jurisdiction and thus waived immunity. The court also dismissed reliance on EU law to resist enforcement, and confirmed that assigning two awards to Blasket did not...

This Practice Note considers the framework within which expert witness evidence is presented in arbitration proceedings. An expert witness in arbitration generally fulfils a function akin to that performed in civil court cases, broadly mirroring the role seen in civil litigation. Appointed by the parties or, more rarely, by the tribunal, the expert must provide an impartial professional opinion on the issues put to them, grounded in the evidence they are given and informed by their own expertise, skill and experience. Both parties and the tribunal may test or dispute that evidence robustly, including by questioning the analysis and reasoning, by each side where relevant, and the tribunal will determine which expert it finds more persuasive or, where there is a sole expert, whether to adopt their conclusions. Although an arbitrator might be chosen for sector knowledge, this is usually to facilitate fuller comprehension of the issues in the dispute, not to turn the arbitrator into an expert who supplies and relies upon personal opinions when issuing the award....

How electronic disclosure is used in arbitration There is no single mandatory framework governing e-disclosure in arbitration. This aligns with the overarching principle that arbitral procedure remains adaptable, and that the tribunal is empowered to set the evidential rules in each individual case, subject to any agreement between the parties. As electronically stored information (ESI) will typically comprise a large share of the material in many arbitrations, careful planning is required to manage and deploy it throughout the proceedings so that parties can present their cases effectively without the exercise of producing the evidence becoming unduly burdensome. Note: in arbitration the phrase ‘document production’ is more commonly used than ‘disclosure’, although ‘e-disclosure’ is frequently applied in both senses and contexts. Ordinarily, parties in arbitration provide at an early stage the documents on which they rely. The opposing side may then seek any additional documents they wish to inspect, and any disagreement about whether such material should be produced is put before the tribunal for determination and resolution...

This Practice Note explores the rules on evidence and hearings in arbitrations conducted under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). Unless stated otherwise, any references in this Practice Note to articles or appendices are to the 2021 ICC Rules in this Practice Note itself. The 2021 ICC Rules govern all ICC arbitrations begun on or after 1 January 2021, save where the parties expressly agree that an earlier iteration of the ICC Rules will apply (eg within, or as reflected in, the arbitration clause). For links to guidance on the 2017 version of the ICC Rules, see: ICC arbitration—overview. Documentary evidence in ICC arbitration Documentary material is relevant throughout ICC arbitration and becomes prominent at different phases of the case during the arbitral proceedings. Broadly, the tribunal must move as swiftly as possible to ascertain the facts by every suitable means (ICC, art 25(1)). The ICC Rules provide that the Request for Arbitration (Request) ought to be filed with copies of any...

Claimant’s description of documentation requested 1. All communications and correspondence exchanged from 1 January 2015 to 30 December 2020 between the respondent and each of its suppliers, relating to extensions of time for deliveries. Claimant’s position on relevance and materiality The claimant contends that the respondent routinely granted its suppliers additional time for delivery and seized upon the claimant’s single instance of late delivery as a pretext to terminate the Agreement for purely financial motives. These communications, which the respondent ought properly to have retained, would confirm and evidence this. Respondent’s response to the claimant’s requests and reasons The respondent objects to the request on the basis that it seeks an overly broad category of documents, the identification and production of which would be burdensome. It is not a narrow and specific set as required by Article 3(a)(ii) of the IBA Rules. Furthermore, whether other suppliers were afforded extensions during the six-year period is not relevant to the pleaded issues and does not affect the...

Following duly received submissions from representatives of the [ Claimant OR Claimants ] and the [ Respondent OR Respondents ] (the Parties) at the preliminary meeting on [ date ], the Tribunal directs as follows: 1 Applicable arbitration rules 1.1 The arbitration will be conducted under [ insert applicable arbitration rules ] as in effect on [ insert date ]. 1.2 The Parties and the Tribunal may consult the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules) for guidance; they are not binding, and the Tribunal retains discretion at all times over the procedural management of the arbitration. 1.3 [ [ Where appropriate, include a statement on the law governing the substantive dispute and/or the arbitration ]. ] 2 Seat and language of the arbitration 2.1 The juridical seat of the arbitration is [ insert place ]. Subject to appropriate consultation with the Parties, the Tribunal may hold meetings and hearings...