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Commercial Arbitration

HONG KONG AND SINGAPORE: Court upholds mix-and-match clauses and punish wasteful challenges to awards

Premium article - 02 September 2009

Singapore’s highest court has upheld a clause that provided for ICC arbitration at the SIAC in a decision that offers more proof that some Asian courts are clamping down on strategic behaviour by losing sides. Richard Hill (partner) and Jessica Fei (counsel) of Fulbright & Jaworski LLP in Hong Kong report and offer comment

CONSTRUCTION: Arbitration in the Middle East - when is a deal not a deal after all?

Premium article - 02 September 2009

Is the re-opening of agreed contractual terms pursuant to Middle Eastern civil codes – a possible issue for credit crunch-related arbitrations? John Bellhouse (partner, London) and Luke Robottom (associate, Abu Dhabi) of White & Case explain

ARGENTINA: Should "constitutionality" be a magic word?

Premium article - 02 September 2009

In a troubling step, a court of appeal may have created a simple way for recalcitrant parties to avoid arbitration. By Federico Godoy and Juan Sonoda of Beretta Godoy in Buenos Aires

CONSTRUCTION: What's the value of a DAB's "binding" decision?

Premium article - 20 July 2009

A recently published ICC award has helped to answer this important question. By Christopher Seppälä (partner) of White & Case LLP in Paris, and the legal adviser to the FIDIC Contracts Committee

ARGENTINA: Four decisions affirm pro-arbitration tide

Premium article - 20 July 2009

After a blip, the tide in Argentine court rulings has swung back in the pro-arbitration direction. By Federico Godoy and Juan Sonoda of Beretta Godoy in Buenos Aires

THE MONEY COLUMN: "The fees of the tribunal can be considerable" - unconscionability and ICC deposits

Premium article - 20 July 2009

A US company recently tried to argue that ICC arbitration is so expensive it's unconscionable. By Mark Kantor, Washington, DC, attorney and member of Global Arbitration Review's editorial board

THE NETHERLANDS: Signing an arbitration clause while a company is under formation

Premium article - 20 July 2009

A director, who was pulled into arbitration against his company as a result of a mix up when signing a document, has persuaded a court to annul the award against him. By Thabiso van den Bosch (partner) of Conway & Partners

SPAIN: New rules, a themed conference and Spanish-language moot - a trio of developments

Premium article - 20 July 2009

Cristian Conejero Roos (counsel) of Cuatrecasas in Paris reviews the new arbitration rules in Madrid, and reports on some upcoming events.

SWITZERLAND: Swiss Supreme Court extends ICC clause to non-parties at respondent's request

Premium article - 20 July 2009

A recent Supreme Court decision has made the ICC's "ginger" approach on joinder unsustainable, at least in cases seated in Switzerland. Phillip Landolt (partner) of Charles Russell LLP in Geneva explains and argues that the Swiss approach makes more sense from a policy standpoint

UK: "Serious irregularity or simply wrong?" - the disconcerting implications of Metropolitan Property Realizations

Premium article - 20 July 2009

In a worrying development, the English High Court may have expanded the scope of a section 68 review, a mandatory provision of the English Arbitration Act 1996. Ben Holland (partner) and Adam Berry (associate) at CMS Cameron McKenna LLP in London report