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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.

Ever-fiercer ISDS debate takes us back to first principles, says State Department lawyer

Premium article - 07 October 2015

Catherine Amirfar, who left Debevoise & Plimpton in 2014 for the Office of the Legal Adviser of the US Department of State, told GAR Live how there has been an increase in the ferocity of the public debate about investor-state dispute settlement in US trade deals, with focus also turning to the ISDS provisions of the US Model bilateral investment treaty (BIT).

The New York approach to non-signatories

Premium article - 07 October 2015

Is New York suffering as an arbitral seat thanks to the US courts’ determination that they will not defer to arbitrators on whether a non-signatory to an arbitration agreement should be brought into a case but will instead review the question de novo?

US district courts split over ICSID award recognition

Premium article - 07 October 2015

There is a district court split on the recognition of ICSID awards in the US that could lead to parties choosing to enforce in New York in preference to Washington, DC, delegates at GAR Live heard.