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Commercial Arbitration

Gas price reopeners – is there a better way?

Premium article - 22 July 2016

Gas price reopener disputes are traditionally resolved via arbitration, but can be more costly and cumbersome than users intended. Richard Power, an aptly named energy disputes specialist and partner at Clyde & Co in London, considers the alternative options, including expert determination, med-arb and other exotic arbitration formats.

Noteworthy strides at UNCITRAL

Noteworthy strides at UNCITRAL

Premium article - 20 July 2016

The latest session of the United Nations Commission for International Trade Law saw the adoption of revised Notes on Organising Arbitral Proceedings, updated for the first time in 20 years, a discussion of future work and the launch of a guide to the New York Convention.

"Game of Tribunals" – winter is coming, warns Born

Premium article - 15 July 2016

Like the Seven Kingdoms in Game of Thrones, international arbitration has enjoyed "a long golden summer when everything went right" but "winter is coming," Gary Born has warned; the community needs to defend it more vigorously.

Kurdish oil fraud claim dries up in London

Kurdish oil fraud claim dries up in London

Premium article - 04 July 2016

The High Court in London has ruled on a US$500 million fraud claim concerning an oil deal in Iraq’s Kurdistan region – a dispute that gave rise to an ICC case and evidence of unexplained payments to the son of the country's former president.

Telecom Italia sees off Brazilian fraud claim

Telecom Italia sees off Brazilian fraud claim

Premium article - 01 July 2016

An ICC tribunal has dismissed a fraud claim against a Brazilian mobile operator owned by Telecom Italia relating to a merger deal with a prominent Rio de Janeiro businessman.

GE enforces, but not against “alter egos”

GE enforces, but not against “alter egos”

Premium article - 28 June 2016

A US court has confirmed a US$476 million award in favour of a General Electric subsidiary but has refused to allow enforcement against the debtor company’s Chinese CEO or alleged alter ego companies that weren’t parties to the arbitration.

ICC begins publishing arbitrator names

ICC begins publishing arbitrator names

Premium article - 28 June 2016

For the first time in its 93-year history, the ICC International Court of Arbitration has begun disclosing the composition of its tribunals – calling it a “major step forward” for transparency in arbitration.

Alstom award enforced against non-signatory

Alstom award enforced against non-signatory

Premium article - 28 June 2016

A New York court has confirmed an ICC award in favour of French power group Alstom, which held that a Brazilian subsidiary of Japanese insurer Mitsui Sumitomo was bound by an arbitration agreement it had not signed.

Gloves off in Austrian-Thai joint venture dispute

Gloves off in Austrian-Thai joint venture dispute

Premium article - 17 June 2016

An Austrian company has won an ICC arbitration with Thai partners in a joint venture to produce examination gloves for medical use – but two further Swiss arbitrations and satellite litigation in Austria, Thailand and the US continue.

Bulgaria faces payout in nuclear plant dispute

Bulgaria faces payout in nuclear plant dispute

Premium article - 16 June 2016

Russian state-owned nuclear company Atomstroyexport has won €550 million plus interest from Bulgaria’s national electricity company, after a five-year-long dispute that went to ICC arbitration in Geneva.