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.
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.
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.
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.
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.
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.
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.
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.
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.
01 December 2016
Justin D'Agostino, global head of dispute resolution at Herbert Smith Freehills, and senior associate Martin Wallace, explore the weapons available to fight attacks on arbitral awards with reference to recent developments in Hong Kong, which they say has been particularly robust in taking steps to safeguard the finality of the arbitral process.
28 November 2016
In the wake of a recent UK Supreme Court ruling that has reshaped the law on illegality as a defence to a claim, Tomas Vail of White & Case in London considers whether a famous ICSID case dealing with corruption would have had a different outcome.
26 November 2016
UPDATED. A University of Cambridge professor has argued that Brexit will not imperil English arbitration and proposed a way that the 1996 act could be adapted to keep the common law alive without expanding the scope to appeal arbitral awards as has been suggested.