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Ideas and analysis

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

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.

Award challenges under England's 1996 Act analysed in Sydney

Award challenges under England's 1996 Act analysed in Sydney

13 October 2017

Bruce Macaulay of Skadden in London has said the latest judgment of the English Commercial Court on a challenge under section 68 of the 1996 Arbitration Act shows the reluctance of English courts to interfere with arbitral awards. In this week’s Clayton Utz lecture in Sydney, English arbitrator and former commercial court judge Sir Bernard Eder produced data to support this.

The world is not enough - Eder calls for shorter cases

The world is not enough - Eder calls for shorter cases

12 October 2017

In a lecture in Sydney addressing the question “how worldly is arbitration?”, UK arbitrator Sir Bernard Eder has called for changes to the process so that it better answers the needs of global business, including for most cases to be completed in just a year.

Tribunals and institutions can monitor ethics, argues Mourre

Tribunals and institutions can monitor ethics, argues Mourre

09 October 2017

Speaking in Sydney ahead of the IBA annual conference this week, the president of the ICC International Court of Arbitration Alexis Mourre has declared himself “a strong proponent of the transnational regulation of ethics in arbitration” but against proposals for bodies other than arbitral tribunals and institutions to enforce them.

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.