ARBITRATION PRACTICE AS A CROSS- BORDER
Have
PROFESSION
-No particular law involved
-In China, you cannot get an interim measure
from a tribunal.
-Third-Party Funding: person or a company who
is not involved in the dispute; it gives money so
that one of the parties could commence,
continue/etc the case; usually involves the
claimant. Kind of an investment in a sense.
-To his knowledge, not sure if it’s already done
in the Philippines.
-Funder’s considerations: Look at how the case
id. Good chance that it will win & Be
comfortable with the idea that even if you win,
might be hard to enforce it or might not involve
money award.
(Suggestion lang po for the presentation so we
could see it in whole: maybe better not to full
screen/play the slide show.)
-Be prepared; have the ear of other arbitrators.
-Open mindedness and fairness
Alexis Mourr: ICC
-Toby Landau QC
-ABRI LEX: App/site with algorithm
-Arbitrator Intelligene
-GAR Arbitrator Research Tool
- Advice for those starting in arbitration:
-Try to develop your language skills, be fluent in
another language. Be excellent and ethical.
Damages.
-Build your advocacy skills; write and publish as
much as you can.
-Network among your peers and work.
exposure among people who work in the field.
-Take international arbitration course. In NUS
hahah!
- Maintain your credibility. Serve your clients.
-Don’t worry about the procedural stuff. Master
substantive stuff.
-GET A MENTOR. Who is already entrenched in
the field.
Do you need an LLM? Generally no, Someone
who has analytical and advocacy skills. More
practical. People who have the LLM have
theoretical knowledge but not necessarily the
practical skills. Be more concerned about the
individual not just the diploma. Thank God!
Hahahah
Difference between common law and civil law
arbitrators
-IBA rules/Prague Rules: a happy compromise
between the two.
-Less leeway for document production
Q on Third Party Funding
From Jane Yu to Everyone: 02:24 PM
Hi. I just want to share that there are proposed
amendments to the ICSID Rules and the ongoing
UNCITRAL Working Group III on Investor State
dispute settlement pertaining to third party
funding. The proposals aim to address potential
conflict of interest issues, transparency issues
and the state’s ability to recover costs.
The amendment to rule 14 in the icsid rules
defines third party funding as Rule 14
Notice of Third-Party Funding
(1) A party shall file a written notice disclosing
the name of any non-party from which the
party, its affiliate or its representative has
received funds for the pursuit or defense of the
proceeding through a donation or grant, or in
return for remuneration dependent on the
outcome of the dispute (“third-party funding”).

From Tricia Cruz to Everyone: 02:26 PM

Are there grounds for disqualification (or

conversely, eligibility requirements) for a third
party funder?

From SyCip Salazar Hernandez Gatmaitan to

Everyone: 02:26 PM

Thanks, Jane, for sharing.

From Jane Yu to Everyone: 02:27 PM

i can share the link later atty. Ricky

Market on the Institution to be an arbitrator in

a panel.

-Make them notice you.