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11 December 2015 / Tim Hardy
Issue: 7680 / Categories: Features , Profession
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All change?

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Are CIArb’s new rules & guidelines innovative or more of the same, asks Tim Hardy

In the past five years, many arbitral institutions have revised their arbitration rules to introduce provisions for emergency arbitrators and include measures for improving efficiency. Consistent with this trend, the Chartered Institute of Arbitrators (CIArb) recently published the 2015 edition of its arbitration rules. The new rules pick up on both of those themes but also include additional arrangements for CIArb to take on the role of appointing authority.

New arbitration rules

This is a new departure from the previous role of the institute and involves not only the appointment of arbitrators in the event of parties failing to reach an agreement, but also resolving challenges to arbitrators on the grounds of lack of independence or impartiality. For the first time in its history, CIArb has established a specialised panel to decide on such challenges.

Some commentators have described CIArb as offering “admin lite” services since it manages so little of the arbitral proceedings. The main advantage of this “admin lite”

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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