April 2011 – Chaffetz Lindsey lawyers attended the American Bar Association’s Section of International Law Spring Meeting. The Spring Meeting was held in Washington D.C. on April 5-8.
Amongst the attendees, associate Yasmine Lahlou continued her work as Co-Chair of the ABA’s Middle East Committee. She organized a seminar with a group of Egyptian lawyers who discussed the recent dramatic political changes in that country.
On April 8, partner James Hosking was a member of a panel of arbitration experts discussing “Changing the Rules.” The panel addressed recent changes in the arbitral rules of the International Chamber of Commerce (“ICC”) and United Nations Committee on International Trade Law (“UNCITRAL”), as well as the revised International Bar Association (“IBA”) Rules on the Taking of Evidence in International Arbitration.
In addition, James provided an analysis of a recent innovation in institutional arbitration: the adoption of rules providing for interim or conservatory relief prior to the constitution of the tribunal. To date, four arbitral institutions have revised their rules to allow some form of pre-appointment emergency relief. James provided a comparison of the different rules, statistics on their use, and some comments on challenges for the future.
James’s presentation was based on a paper written with Chaffetz Lindsey colleagues David Lindsey and Erin Valentine titled “Emergency Measures of Protection: Creeping Consensus or a Passing Fancy?”. A copy of the paper is available here. The first of the arbitral institutions to adopt such a provision was the International Centre for Dispute Resolution in Article 17 of the ICDR International Arbitration Rules. That initiative is discussed more comprehensively in James’s forthcoming commentary: Gusy, Hosking & Schwarz, A Guide to the ICDR International Arbitration Rules (Oxford, 2011). Also see here.