Published in November last year, the ICC Commission Report The Accuracy of Fact: Witness Memory in International Arbitration is fascinating and provides real food for thought for arbitral practitioners who are about to engage in the process of taking witness statements. At its heart is the increasing scientific evidence, originally derived from criminal trials, that human memory is relatively fragile and can be “unwittingly corrupted”. In this Blog, Claire King reviews the report’s key findings and recommendations.
Our collective thoughts
Fenwick Elliott Senior Associate, Natalie Beeraje discusses the recent Supreme Court decision in Okpabi v Royal Dutch Shell. This is the latest in a line of important authorities considering parent company liability for claims brought against overseas subsidiaries.
The focus of Natalie Beeraje’s latest blog is the highly anticipated UK Supreme Court judgment in the case of Halliburton Company (Appellant) v Chubb Bermuda Insurance.
Laura Bowler provides an update to her article ‘The impact of CIGA 2020 on Insolvency on UK Construction Contracts’, in light of extensions to some of the provisions in the Corporate Insolvency and Governance 2020.
Construction contracts and cash are the focus of Lucinda Robinson’s latest blog, in which she also reviews the recent decision in Rochford v Kilhan.
The International Council for Commercial Arbitration recently published its report on “Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings”. This provides a fascinating insight into the improvements to gender diversity in arbitral appointments that have been achieved in recent years and what has driven them. Claire King reviews the ICCA’s report and asks what lessons could be learned by Adjudicator Nominating Bodies in order to improve the gender diversity of their panels which, in stark contrast, remain stubbornly non-diverse.
Cases turn on the evidence, so the credibility of expert and factual witnesses is crucial. Lucinda Robinson investigates the latest cases in the TCC that have put witnesses under the spotlight… and found them wanting.