• Search

Features

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.

A newcomer to New York

Premium article - 07 October 2015

Marek Krasula, deputy counsel of the ICC International Court of Arbitration in New York, gave an account of that centre’s experience since opening in the city almost two years ago.

NYIAC charts court’s arbitration caseload

Premium article - 07 October 2015

After Judge Engelmayer’s personal testimony about the volume of his caseload relating to international arbitration, Alexandra Dosman, the executive director of the New York International Arbitration Centre, could share some statistics thanks to a new resource.

A New York judge on arbitration and the courts

Premium article - 07 October 2015

Judge Paul Engelmayer, who has issued key decisions relating to international arbitration during four years on the bench of the US District Court for the Southern District of New York, told GAR Live about the volume of his caseload in this area and how judges are willing, where proper, to penalise lawyers who frivolously challenge awards.

New York views

Premium article - 07 October 2015

Along with Pope Francis, GAR Live visited New York on 24 September – and although we were not blessed with a keynote speech from the pontiff, we did hear from a judge of the Southern District of New York, a Department of State lawyer, representatives of the city’s arbitration institutions and leading practitioners on recent cases and developments affecting practice and policy in the US.

SPORTS ARBITRATION: How the Pechstein case has brought CAS's independence into question

SPORTS ARBITRATION: How the Pechstein case has brought CAS's independence into question

Premium article - 17 September 2015

Withers’ international arbitration and international law partner Hussein Haeri and sports partner Luca Ferrari discuss the German courts' view of the independence of the Court for Arbitration for Sport, as revealed in a recent appeal brought by German speed skater Claudia Pechstein.

“Poisoned waters”: Croatia’s stance on the Sekolec scandal

“Poisoned waters”: Croatia’s stance on the Sekolec scandal

Premium article - 19 August 2015

Correspondence shared with GAR sheds light on Croatia’s main argument why its border arbitration with Slovenia cannot continue – the risk that arbitrator Jernej Sekolec has introduced new facts and arguments into tribunal deliberations and the case record over a 13-month period, influencing his co-arbitrators’ decision-making.

The Sekolec scandal: a Croatian agent’s perspective

The Sekolec scandal: a Croatian agent’s perspective

Premium article - 19 August 2015

Croatia's former co-agent in its border arbitration with Slovenia has told GAR how she has lost confidence in continued arbitration of the dispute in any form.