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.
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”.
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.
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.
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.
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?
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.
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.
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.
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.