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Commercial Arbitration

Indian property tycoon cleared of fraud

Indian property tycoon cleared of fraud

Premium article - 09 August 2016

An LCIA tribunal in Singapore has rejected a claim for £450 million against one of India’s largest property developers, billionaire Niranjan Hiranandani, who was accused of making fraudulent misrepresentations leading to failed investments in four Indian township projects.

India's reserve bank blocks Tata-Docomo payout

India's reserve bank blocks Tata-Docomo payout

Premium article - 01 August 2016

India’s reserve bank has blocked a Tata Group company from paying a US$1.17 billion LCIA award to Japanese telecoms company NTT Docomo.

McArbitration back on the menu

McArbitration back on the menu

Premium article - 22 July 2016

An LCIA claim initiated by McDonald’s against its former Indian joint venture partner is back on track, after a court in Delhi lifted an anti-arbitration injunction.

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.