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Ideas and analysis

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 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.

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.

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.