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Ideas and analysis

Multiple cases, one arbitrator

Multiple cases, one arbitrator

22 March 2017

Using common arbitrators for related arbitrations is a regular practice to save time and costs and avoid inconsistent decisions, but challenges to their appointment are becoming increasingly common. Tay Yong Seng of Allen & Gledhill in Singapore seeks to distinguish the baseless objections that can be dismissed quickly from the ones that raise real concerns.

Paulsson revives debate about party-appointed arbitrators

Paulsson revives debate about party-appointed arbitrators

16 March 2017

In light of a recent dissent in an ICSID case against Costa Rica, Jan Paulsson has revived the question of whether the arbitral community should consider “moderating [its] love of unilaterally appointed arbitrators” – and proposed that the presiding arbitrator play a role in the appointment of tribunal members.

EU model for ISDS incompatible with ICSID Convention, argues leading academic

EU model for ISDS incompatible with ICSID Convention, argues leading academic

08 March 2017

In a paper presented in London and Cambridge, a leading academic has argued that the European Union’s plan for a standing investment tribunal with an appellate mechanism – already provided for in trade deals such as the Comprehensive Economic and Trade Agreement between the EU and Canada – is incompatible with the ICSID Convention but not with investor-state arbitration in general.

Seoul gathering looks at the effects of Brexit and Trump in East Asia

Seoul gathering looks at the effects of Brexit and Trump in East Asia

03 March 2017

At an event in Seoul, prominent German practitioners Lars Markert and Stephan Wilske considered the effects on East Asian business and dispute resolution of the two biggest political earthquakes of recent times – Brexit and the election of Donald Trump as US president.

Post-sanctions Iran: considerations for international oil companies

Post-sanctions Iran: considerations for international oil companies

02 March 2017

The easing of sanctions as a result of the 2015 Iran nuclear deal has opened up the Iranian market to foreign investors in a manner not seen since before the Iranian Revolution of 1979. Richard Devine, Patrick Murphy and Daniel Smith, partners and associate at Clyde & Co in Dubai, consider the likely role of international arbitration in resolving disputes featuring oil companies under the new regime, should it survive the Trump administration.

A new law for Qatar

A new law for Qatar

24 February 2017

UPDATED.Qatar has a new arbitration law based on the UNCITRAL Model Law that is intended to pave the way for greater foreign investment and ease of doing business and will apply to arbitrations already under way.

How the UAE penal code is being used to intimidate

How the UAE penal code is being used to intimidate

22 February 2017

Some counsel in the United Arab Emirates are expressly referring to article 257 of the jurisdiction's revised penal code, which states that arbitrators can be imprisoned for lack of independence, in "a transparent attempt to intimidate tribunals" said Michael Black QC in a lecture in Dubai yesterday.

How enforcement problems are harming the UAE

How enforcement problems are harming the UAE

22 February 2017

Ongoing problems with the enforcement of awards and questions over the ability of freezones to act as "conduit jurisdictions" are damaging the United Arab Emirates' reputation as a seat, argued Michael Black QC in a keynote address in Dubai yesterday.

High regulation and high stakes – Cremades

High regulation and high stakes – Cremades

17 February 2017

Bernardo Cremades has outlined the characteristics of arbitration in highly regulated sectors such as energy, telecoms, pharmaceuticals and banking and finance – noting the difficulty of “reconciling the private nature of arbitration with the public functions of the regulator”.

The end of "the great compact”? Reisman declares investment law at a crossroads

The end of "the great compact”? Reisman declares investment law at a crossroads

16 February 2017

With globalisation and the surge of nationalist sentiment in many economically important states, the future of international investment law could be at a critical crossroads, argued one of the most prominent voices in the field, Michael Reisman, in Miami this week.

Is there a substitute for experience?

Is there a substitute for experience?

08 February 2017

Gary Born has highlighted the lack of a level playing field in the selection of tribunal members – with young lawyers or those from the developing world less able to pick well – and spoken in favour of having publicly available feedback on arbitrators as “a substitute for experience".

More questions than answers after Second Circuit ruling

More questions than answers after Second Circuit ruling

06 February 2017

Columbia Law School professor George Bermann finds positive and troubling aspects in a recent Second Circuit decision that gave a group of Brazilian companies a second chance to pursue enforcement of an ICC award against alleged alter egos of the award debtor.