Arbitration International is published quarterly by London Court of International Arbitration (LCIA), one of the world’s leading international institutions for commercial dispute resolution, and covers both national and international developments in the world of arbitration.
In volume 37, number 4, Darius Chang and Louis Yi Hang write on the proper characterization of the parol evidence rule and its applicability in international arbitration. The article argues that notwithstanding any codification,
“the parol evidence rule at common law is a substantive rule of contractual interpretation that should be applied as part of the lex contractus in international arbitration proceedings. Faithful application of the parol evidence rule as a substantive rule of contractual interpretation ensures that adjudicators arrive at the same interpretation on the same set of facts, thereby promoting infirmity, predictability, and consistency, regardless of the mode of dispute resolution.”
The recent volume also covers the emergence of early disposition procedures in international arbitration. David L. Wallach, charting the emergence to early disposition procedures and the arguments for and against them, writes that,
“the absence of early disposition procedures has long been a weakness of international arbitration. The advent of these procedures is on the most significant shifts in international arbitration procedure in recent memory.“
Lastly, Simon P. Camilleri writes on rethinking security for costs in international commercial arbitration. The article argues that the traditional approach, focused almost exclusively on the financial standing of the claimant, is inappropriate and has the potential to undermine the remedy itself. It is further argued, that the financial position of the respondent – and the impact of the proceedings on the respondent – should be hardwired into the assessment undertaken by the arbitral tribunals when ordering security for costs.
offersen:christoffersen advises on both national and international arbitration. René Offersen has acted as an arbitrator in numerous cases and was a member of the ICC International Court of Arbitration in Paris (2015-2021) and is affiliated to the LCIA (London) and VCCA (Lithuania). His arbitration experience spans the Danish Institute of Arbitration, the Danish Building and Construction Arbitration Board, ad hoc arbitration tribunals, the ICC, the SCC (Stockholm) and the FAI (Helsinki).
For further information, contact Christopher Ejlersen, cej@oclaw.dk
