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Ideas and analysis

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.

Fighting for finality: Hong Kong’s robust approach to attacks on arbitral awards

Fighting for finality: Hong Kong’s robust approach to attacks on arbitral awards

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.

Would World Duty Free v Kenya be decided differently today?

Would World Duty Free v Kenya be decided differently today?

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.

The naughty seat – can the UK thrive post-Brexit?

The naughty seat – can the UK thrive post-Brexit?

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.