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Ideas and analysis

Do better on damages, urges Donovan

Do better on damages, urges Donovan

06 December 2017

It is not enough to be a fine legal analyst – counsel and arbitrators need to master economics, corporate finance and accounting to a “much more than basic” level and be able to disentangle legal and financial issues, ICCA president Donald Donovan has argued in a speech on damages in Seoul.

ICJ “moonlighters” exposed in report

ICJ “moonlighters” exposed in report

27 November 2017

UPDATED. At least seven current and 13 former ICJ judges have moonlighted as arbitrators in treaty-based investor state dispute settlement cases during their time on the bench according to a newly published study – threatening to undermine the court’s reputation “as the highest authority on public international law”.

Kaufmann-Kohler and Potestà produce new report on ISDS reform

Kaufmann-Kohler and Potestà produce new report on ISDS reform

20 November 2017

In a follow-up to a report for UNCITRAL last year, Gabrielle Kaufmann-Kohler and Michele Potestà have once again considered the proposed reform of the investment dispute settlement system through the introduction of a multilateral investment court and appeal body – looking at questions surrounding their composition.

The DIFC’s conduit jurisdiction – not dead yet

The DIFC’s conduit jurisdiction – not dead yet

15 November 2017

In an article to coincide with Dubai Arbitration Week, local practitioner Gordon Blanke looks at whether the Dubai International Financial Centre Courts will survive as a conduit jurisdiction - concluding they are moribund, but not dead yet, and could be saved by a "first-seized rule" that will resolve the competition between them and the onshore Dubai courts.

Indonesia’s BIT terminations: not the end of the story

Indonesia’s BIT terminations: not the end of the story

Premium article - 01 November 2017

More than two years after Indonesia announced that it would terminate all its bilateral investment treaties, and ahead of another likely wave of terminations, Nicholas Lingard and Lexi Menish of Freshfields Bruckhaus Deringer explain that foreign investors seeking treaty protection in the country still have options.

From a thousand to three - Russia's slash in arbitral institutions‎

From a thousand to three - Russia's slash in arbitral institutions‎

Premium article - 30 October 2017

On 1 November, the number of arbitral institutions allowed to administer international commercial arbitrations in Russia is set to be slashed from more than a thousand ‎to just three. What will this mean for the jurisdiction?

Could investment treaties solve the European migrant crisis?

Could investment treaties solve the European migrant crisis?

Premium article - 27 October 2017

Leading Austrian arbitrator Christoph Schreuer has told GAR Live Vienna that creating better investment protection in countries that have high levels of migration – through bilateral investment treaties including investor-state dispute settlement – could help to solve the current migrant crisis in Europe.

Chronicle of a death foretold

Chronicle of a death foretold

Premium article - 26 October 2017

In a speech in Sao Paulo,‎ Spanish arbitrator Bernardo Cremades has used the title of one of Gabriel Garcia Marquez's most famous novels to convey the pessimism that surrounds arbitration, while advancing his own more positive views of its future.

Mayer on arbitrators' powers and limits

Mayer on arbitrators' powers and limits

Premium article - 25 October 2017

In a lecture in Washington, DC, French arbitrator Pierre Mayer discussed arbitrators’ powers and their limits in the context of arbitration rules, national laws and modern day practice. Adam Briscoe, JD/MBA student at American University Washington College of Law, reports.

Averting the apocalypse: how arbitrators should respond to nuclear and climate change threats

Averting the apocalypse: how arbitrators should respond to nuclear and climate change threats

Premium article - 16 October 2017

A meeting of the ICC Commission on Arbitration and ADR in Sydney heard Australian arbitrator Michael Kirby reflect on how arbitrators should respond to the threats to human life posed by nuclear weapons and climate change.