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Tribunal dynamics: making the best of an arranged marriage

Tribunal dynamics: making the best of an arranged marriage

19 October 2017

Tribunals don’t come together of their own choosing – rather like an arranged marriage, the arbitrators are brought together by others in expectation that they will co-operate and “produce something”, Michael Moser told GAR Live Hong Kong yesterday. How do you ensure the marriage works?

Singapore’s Success

Singapore’s Success

27 September 2017

After years of dogged effort, there’s now no longer any doubt that Singapore has achieved its dream of becoming a major arbitration hub. As GAR completes its fourth event in the city, the city-state is attracting attention from outside institutions, while emerging into investment arbitration and a leader in third-party funding. Here’s a round-up of the latest Singapore news

ISDS v Trump and the EU

ISDS v Trump and the EU

27 September 2017

Gathering hostility to investor-state dispute resolution in the West is now beginning to be reflected in the deals the US and EU are negotiating with their major trading partners. But it’s still not clear whether the alternatives are viable, Tom Jones and Douglas Thomson report.

Cuba libre – but with investment protection

Premium article - 12 November 2015

Cuba is opening up. Hussein Haeri and Ruzin Dagli of Withers discuss how foreign investors might fare in light of history, the country’s network of bilateral investment treaties and a new foreign investment law passed in March 2014

Could haze in Asia give rise to treaty claims?

Premium article - 30 October 2015

The smoke haze that has engulfed Singapore, Malaysia and other parts of South East Asia recently could violate international law and be the subject of an investment treaty claim against Indonesia, according to a briefing prepared by Dechert partner Mark Mangan and colleagues in the firm’s Singapore arbitration team

Russia attacks Yukos awards

Premium article - 28 October 2015

Nearly a year and a half after the Yukos awards were issued, Russia is waging a bitter war to have them set aside and to resist enforcement, including through GAR.

Rivkin’s “clarion call” for arbitration

Premium article - 27 October 2015

The president of the International Bar Association, David W Rivkin, has issued what one listener described as “a clarion call for better behaviour – much better behaviour” from arbitrators, proposing a “new contract” between them and parties to ensure expectations are met

Getting to grips with guerrilla tactics

Premium article - 27 October 2015

It’s not uncommon for one side of a case to delay proceedings with a variety of procedural tactics. Delegates at GAR Live Hong Kong discussed when that behaviour may cross the line into “guerrilla tactics”

Africa must have more representation on tribunals, says Somali judge

Africa must have more representation on tribunals, says Somali judge

Premium article - 15 October 2015

The legitimacy of investor-state arbitration in Africa depends on African arbitrators serving on tribunals and African states having more of a role in the formulation of bilateral investment treaties, says Abdulqawi Ahmed Yusuf, the Somalian vice-president of the International Court of Justice.

Clash of the titans

Premium article - 12 October 2015

A conference to mark the centenary of the Chartered Institute of Arbitrators in Singapore saw the city state’s chief justice, Sundaresh Menon, and the president of the Singapore International Arbitration Centre, Gary Born, clash over how courts should approach a request to enforce an award annulled at the seat.