• Search

Ideas and analysis

Menon's lessons from the Croatia-Slovenia case

Menon's lessons from the Croatia-Slovenia case

25 November 2016

After a boundary dispute between Croatia and Slovenia unravelled because of the conduct of a state appointee to the tribunal, the Chief Justice of Singapore Sundaresh Menon has called for clearer articulation of the role of party-appointed arbitrators and a central body to discipline all arbitrators who transgress.

A response to Menon: why parties like to pick

A response to Menon: why parties like to pick

25 November 2016

Following Sundaresh Menon’s proposals, Herbert Smith Freehills partner Alistair Henderson describes the “inchoate sense of acceptance and engagement” that flows from clients’ first involvement in the process – picking an arbitrator – and warns that establishing a central disciplinary body could prove "a powerful new weapon" in due process attacks on tribunals.

Costs and duration – SIAC, the LCIA and the SCC compared

Costs and duration – SIAC, the LCIA and the SCC compared

23 November 2016

SIAC has become the third international arbitration institution in the past year to publish information on the average costs and duration of arbitration. Katherine Proctor, legal director at Clyde & Co, broadly compares the data concerning cases under SIAC’s 2013 rules with recent data released by the LCIA and the Arbitration Institute of the Stockholm Chamber of Commerce.

BIT by byte

BIT by byte

15 November 2016

San-Francisco and London-based arbitrator and counsel Paul Cohen considers why the Silicon Valley-based titans of tech have yet to try their hand at investment treaty arbitration, and why that might soon change.

Stuck in an arbitral Groundhog Day

Stuck in an arbitral Groundhog Day

03 November 2016

The ICSID Convention and arbitration rules do not contemplate the filing of a request for reconsideration. Neither do the UNCITRAL rules. Yet, in recent years, requests for reconsideration of tribunal decisions and orders have become commonplace in ICSID and UNCITRAL investment arbitrations. Jeffery Commission, senior counsel with Vannin Capital and a former practitioner at Freshfields Bruckhaus Deringer, gives the most detailed information to date on the frequency of such requests, the identity of the parties filing them, and their disposition by tribunals.

New institution signals Saudi potential

New institution signals Saudi potential

03 November 2016

The new Saudi Center for Commercial Arbitration signals the rise of a new regional and global arbitration hub, says Ben Cowling, partner at Clyde & Co in Riyadh.

What are the implications of the Yukos set-aside?

What are the implications of the Yukos set-aside?

02 November 2016

Volterra Fietta partner Graham Coop, former general counsel of the Energy Charter Secretariat, considers the Dutch court judgment that set aside the US$50 billion awards in the Yukos case and its implications for investors in Russia and other states that have signed the Energy Charter Treaty.

Reed condemns Trump approach to due process

Reed condemns Trump approach to due process

Premium article - 01 November 2016

Returning to her old firm to give this year's Freshfields lecture, Lucy Reed of the National University of Singapore pointed to a case featuring Donald Trump to show how due process arguments are abusively used as a sword as well as a shield in international arbitration.

Lord Thomas denies "attack on arbitration"

Lord Thomas denies "attack on arbitration"

Premium article - 06 October 2016

In a speech published online, the head of the judiciary in England and Wales has denied launching "an attack on arbitration" in April this year – explaining that he was simply concerned that the content of awards becomes known.

Time has not yet come for global ethics council, says ASA

Time has not yet come for global ethics council, says ASA

Premium article - 04 October 2016

The Swiss Arbitration Association’s working group on counsel ethics has said that the “time has not yet come” for the creation of a Global Arbitration Ethics Council but arbitral associations may want to explore adopting their own internal disciplinary procedures to avoid concerns about the industry's current self-regulation.

The Sekolec scandal - a Croatian view of recent developments

The Sekolec scandal - a Croatian view of recent developments

Premium article - 03 October 2016

LINK ADDED. While Croatia is declining to play any further part in a boundary dispute with Slovenia that was thrown off course by an arbitrator's ex parte communications with one side, an employee of the country's Ministry of Foreign and European Affairs has shared his views of the recent partial award issued by a recomposed tribunal.

TREATY COLUMN: When is a seat that is registered not a registered seat?

TREATY COLUMN: When is a seat that is registered not a registered seat?

Premium article - 27 September 2016

An ICSID tribunal has dismissed the claims of a Cypriot investor against Montenegro because the entity failed to prove it had a “seat” in Cyprus as required by the treaty. Matthew Weiniger QC and Ula Cartwright-Finch, partner and managing associate at Linklaters in London, report on a “potentially harsh” decision.