Month: February 2016

By Alexandre-Yacine Souleye (Attorney at Law and PHD Applicant)

I – INTRODUCTION
A recurring debate among the arbitration community revolves around the extent of the usage of arbitral secretaries. The release, in 2012, of the ICC Secretariat’s Note on the Appointment, Duties, and Remuneration of Administrative Secretaries, the Young ICCA Guide on Arbitral Secretaries, and the publication of the 2012 and the 2015 International Arbitration Surveys by White & Case and Queen Mary College Survey (‘2012 W&C Survey’ and ‘2015 W&C Survey’), have been the climax of a controversial debate regarding the role and duties of arbitral secretaries.

Continue reading Fourth Chair? The controversial role of arbitral tribunal secretaries

By Eric Leikin (Associate at Freshfields Bruckhaus Deringer)

In the landmark case, Cool Ideas 1186 CC v Hubbard and Another [2014] ZACC 16 (5 June 2014), the South African Constitutional Court refused to enforce an arbitral award on public policy grounds.  This decision is of note not only because it is a relatively rare example of a successful public policy challenge to the enforcement of an arbitral award, but also because the stance of South Africa’s highest court will likely have a major effect on how the country’s judiciary treats arbitral awards going forward.  Before discussing the case, a brief background of South Africa’s arbitration legislation is necessary.

Continue reading South African Constitutional Court Refuses to Enforce an Award on Public Policy Grounds: A ‘Cool Idea’?