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GAR Live

The performance bond “sword of Damocles” over construction contractors

The performance bond “sword of Damocles” over construction contractors

Premium article - 01 March 2016

In a session at GAR Live Dubai, leading construction arbitration practitioners considered how those running construction projects can be prevented from “wielding their sword of Damocles” over contractors through unmeritorious calls of performance bonds, along with other hot topics.

“Killing me softly”: is international arbitration being stifled by soft law?

“Killing me softly”: is international arbitration being stifled by soft law?

Premium article - 01 March 2016

A panel at GAR Live Dubai debated whether the proliferation of soft law guidelines on aspects of procedure is “killing” international arbitration.

"A Tale of Two Clients" – how parties can best assist their case

"A Tale of Two Clients" – how parties can best assist their case

Premium article - 26 February 2016

Peter Wolrich of Curtis Mallet-Prevost Colt & Mosle told "A Tale of Two Clients" at GAR Live Abu Dhabi, illustrating how parties' attitudes to their own cases can play a big part in whether they win or lose.

GAR Live lookback: harmonising investment treaty law

GAR Live lookback: harmonising investment treaty law

Premium article - 26 February 2016

With thousands of BITs due for renewal soon, how are states going to approach renegotiations? Will they show displeasure at the inconsistencies in the current, fragmented system? Could the system produce more uniformity, and if so, how?

GAR Live lookback: Human rights and environmental obligations

GAR Live lookback: Human rights and environmental obligations

Premium article - 17 February 2016

Can investment arbitration accommodate human rights and environmental law? And if it can't, then what tools are available to balance these competing interests? These questions were discussed at GAR Live BITs in Washington, DC in early 2015 (previously unreported by GAR).

Mourre yum cha, anyone?

Mourre yum cha, anyone?

Premium article - 19 November 2015

The ICC International Court of Arbitration’s new president Alexis Mourre told Hong Kong-based arbitrator Michael J Moser about his plans for the institution over a steaming pot of Cantonese yum cha tea at GAR Live Hong Kong. Read an edited summary of their conversation here.

US district courts split over ICSID award recognition

US district courts split over ICSID award recognition

Premium article - 09 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, heard delegates at GAR Live New York.

The New York approach to non-signatories

The New York approach to non-signatories

Premium article - 09 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?

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.