• Search

Ideas and analysis

The African elephant in the room

The African elephant in the room

09 August 2017

An arbitral award against Guinea that was set aside in West Africa because the arbitrators agreed a fee increase with the parties has raised looming issues about how best to ensure the development of arbitration in Africa, as well as the question of the enforceability of awards annulled at the seat. Kwadwo Sarkodie and Joseph Otoo of Mayer Brown in London report.

Stay away from the spider web, warns Cambridge professor

Stay away from the spider web, warns Cambridge professor

19 July 2017

The tendency to "enmesh" arbitration in increasingly complex rules must be resisted, a University of Cambridge law professor has warned - "arbitration's rule book should not become an ever-expanding spider web in which the parties are eventually eaten alive in a leisurely arachno-fest".

Do Born’s BATs still have wings?

Do Born’s BATs still have wings?

14 July 2017

Gary Born’s five year-old proposal for a default form of commercial dispute settlement provided for in bilateral arbitration treaties appears still to be flying, having been considered at the United Nations Commission on International Trade Law’s 50th anniversary conference in Vienna.

Dark and light mood music

Dark and light mood music

20 June 2017

In response to Gary Born's call on practitioners to defend themselves against “an army of the undead” with “wildly wrong” perceptions about investor-state arbitration, John Beechey has argued in a speech in the British Virgin Islands that it may be too late to change the course of the debate.

Is it time to end confidentiality by default?

Is it time to end confidentiality by default?

16 June 2017

“Secrecy is a habit, not a need”, Ben Juratowitch QC of Freshfields Bruckhaus Deringer in Paris has argued at a seminar in London – it’s time to make arbitral awards public as the default position, unless, after hearing from the parties, the tribunal rules otherwise.

Trump risks claims through US climate change backtrack

Trump risks claims through US climate change backtrack

02 June 2017

President Donald Trump's decision to withdraw the US from the Paris Agreement on Climate Change will "inevitably" lead to arbitrations, including possible treaty claims, GAR has been told.

What do Russia’s arbitration reforms mean for M&A deals?

What do Russia’s arbitration reforms mean for M&A deals?

30 May 2017

Freshfields Bruckhaus Deringer’s Alexey Yadykin, Noah Rubins and Olesya Dianova consider the significant consequences that Russia’s new arbitration legislation will have for Russian M&A deals.

Enter the judge arbitrator? Lord Thomas encourages revival of “neglected” power

Enter the judge arbitrator? Lord Thomas encourages revival of “neglected” power

30 May 2017

In a recently published speech, the Lord Chief Justice of England and Wales, Lord Thomas, explained how he is “revisiting the rather neglected use of judges as arbitrators” as part of his effort to ensure the continued development of the common law.

Cauldrons of mistrust

Cauldrons of mistrust

26 May 2017

With M&A deals on the rise – especially in emerging economies – there is no better time to specialise in disputes in this area, argued Quinn Emanuel Urquhart & Sullivan’s head of international arbitration Stephen Jagusch QC at an event in Warsaw.

Making the most of mock arbitrations

Making the most of mock arbitrations

25 May 2017

Increasingly, international arbitration practitioners are using mock arbitrations – like mock jury trials in the United States – as a valuable tool to assess the strengths and weaknesses of a party’s position and develop an effective way to present their case in the real arbitration. Claudia Salomon and Peter Durning of Latham & Watkins highlight what must be considered to ensure the exercise is calibrated to the needs of the case.