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Ideas and analysis

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.

In search of the elusive unicorn

In search of the elusive unicorn

31 January 2017

In a paper based on a well-received speech in Helsinki, the former deputy secretary of the ICC International Court of Arbitration Jennifer Kirby has described the quest for fast, cheap and good arbitration – as elusive, or perhaps mythical, as the unicorns she loved as a little girl.

Viewpoint: why projected awards could make for better justice

Viewpoint: why projected awards could make for better justice

27 January 2017

Drawing on his experience of appearing in Californian courts, George Davidson, senior counsel at Hughes Hubbard & Reed in New York, makes the case that arbitrators should issue a draft of their intended award to the parties a few days before it is due so that errors can be pointed out and corrected and a better quality of justice delivered.

"America first" – Trump era begins with key deals on the chopping block

"America first" – Trump era begins with key deals on the chopping block

21 January 2017

Today marks the start of Donald Trump’s presidency – and possibly the beginning of the end of NAFTA and other international trade deals, US involvement in the Paris Agreement on climate change and the era of globalisation during which international arbitration has thrived.

Young CIArb group warned to focus on survival, not status

Young CIArb group warned to focus on survival, not status

20 January 2017

Launching a "long overdue" young members group for the Chartered Institute of Arbitrators in Australia, appellate judge turned arbitrator Michael Kirby noted how young practitioners have turned their back on the institute's traditional concern with status and dignity in favour of trying to ensure international arbitration's long term survival.

Le grand débat: Lord Mance and Gaillard clash in Paris

Le grand débat: Lord Mance and Gaillard clash in Paris

19 January 2017

Following Lord Mance’s 2015 Freshfields lecture calling into doubt the French theory of a transnational arbitral order, the leading proponent of that theory Emmanuel Gaillard challenged him in GAR to a public debate. That debate has now taken place in Paris. Rudolf Simone-Pont, associate at Shearman & Sterling, reports.

The Singapore bills: a detailed look

The Singapore bills: a detailed look

11 January 2017

UPDATED. Singapore's nominated member of parliament Mahdev Mohan, of counsel at Providence Law Asia in Singapore and director of the Asian Business and Rule of Law initiative at Singapore Management University, and managing director of Providence Law Abraham Vergis, take a more detailed look at the two new bills and the parliamentary debates that led to them being passed.

Don’t scare business away, Al Tamimi warns UAE

Don’t scare business away, Al Tamimi warns UAE

06 December 2016

In a public plea to the United Arab Emirates' government, leading lawyer Essam Al Tamimi warns that a recent change to the UAE penal code allowing arbitrators to be imprisoned for bias may scare them and international business away.

Independence needed from all major actors, argues ASA president

Independence needed from all major actors, argues ASA president

01 December 2016

In a lecture in Sydney, the president of the Swiss Arbitration Association, Elliott Geisinger, has argued that duties of independence fall on counsel, experts and arbitral institutions as well as arbitrators, even though they are not enshrined in statute or treaty and are rarely the subject of analysis.