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ROME: Representing parties

Friday, 25 July 2014

IBA guidelines

A prestigious panel welcomed the new IBA Guidelines on Party Representation. Valentine Chessa of Castali Mourre & Partners in Paris reports.

ATHENS: A Greek perspective

Wednesday, 23 July 2014

The Hotel Grande Bretagne in Athens, overlooked by the Acropolis

Greece is emerging from its financial crisis stronger than it was before, claimed a high-ranking official at the Greek Ministry of Justice at an event on investment risk and international dispute resolution in the shadow of the Acropolis. Dimitra Capas of Norton Rose Fulbright in Athens reports.

UNITED STATES: Why the “Sunday” case does not impact on international arbitration

Tuesday, 22 July 2014

Saint Thomas Church, Fifth Avenue, New York

The former chief judge of New York State’s highest court and chair of the New York International Arbitration Centre, Judith Kaye, and Anibal Sabater, partner at Norton Rose Fulbright in New York, take issue with reports that the recent judgment of the Supreme Court of the State of New York in Ruth Bauer v Irving Bauer et al means that parties who arbitrate on a Sunday in New York risk their award being set aside.

SAUDI ARABIA: Government paves way for new centre

Monday, 21 July 2014

The Saudi capital of Riyadh

Cyrille Naffah, senior associate at the Saudi office of Bin Shabib & Associates, reports on a Saudi Arabian resolution to establish a new commercial arbitration centre in Riyadh that will oversee the activities of all arbitration providers in the kingdom and their compliance with its new arbitration law.

AUSTRALIA: Setting aside on natural justice grounds

Friday, 18 July 2014

The coat of arms of the Federal Court of Australia

Doug Jones, partner at Clayton Utz in Sydney, reports on a decision of the Full Court of the Federal Court of Australia which bolsters the country’s pro-arbitration and pro-enforcement stance by reading very narrowly the grounds upon which an arbitral award may be voided for breach of natural justice.

MALAYSIA: Changes to law governing foreign lawyers

Tuesday, 15 July 2014

Malaysia's parliament building in Kuala Lumpur

Two years ago, Malaysia amended existing legislation to prevent unauthorised foreign lawyers from entering the jurisdiction on a “fly in, fly out” basis. Emmanuel Duncan Chua of Herbert Smith Freehills in Singapore explains further changes to the law to allow foreign lawyers to practise in Malaysia under three categories of licence and to enter Malaysia for work up to 60 days a year, with a specific carve-out for arbitral procedings.

UNITED STATES: Not on a Sunday in New York

Friday, 11 July 2014

A lazy Sunday in New York's Central Park

REVISED: In a recent case arising from a family battle over a legacy, the Supreme Court of the State of New York vacated a US$42 million arbitral award on the grounds that the tribunal had held a hearing on a Sunday. Claire Morel de Westgaver, associate at Bryan Cave in London, considers the potential implications for those who arbitrate in New York.

LONDON: Drastic proposals

Thursday, 10 July 2014

Jörg Risse and Peter Rees QC: distant cousins?

Jörg Risse, partner at Baker & McKenzie in Frankfurt, recently wrote a paper containing 10 “drastic proposals” to save time and cost in arbitral proceedings. Ben Ko and Anjuli Patel, associates in the firm's international arbitration group in London, report on an event that saw Risse and Peter Rees QC debate how workable the proposals would be in English arbitration.

DELHI: White Industries in the spotlight

Monday, 7 July 2014

Indru Malhotra, Senior Advocate of the Indian Supreme Court, watches as her book is unwrapped

Past and present chief justices of India and other eminent speakers considered investment treaty arbitration and the White Industries case at the launch of the latest edition of a classic legal tome in New Delhi. An attendee reports.

INDONESIA: Friendly or not?

Monday, 7 July 2014

The Indonesian Supreme Court, built in 1824

Fifteen years after Indonesia’s arbitration legislation entered into force, Andi Kadir of Hadiputranto Hadinoto & Partners, member firm of Baker & McKenzie in Jakarta, says the country’s Supreme Court is still issuing inconsistent decisions in relation to applications to set aside arbitral awards, creating uncertainty over whether the jurisdiction is friendly to arbitration or not.

UNITED KINGDOM: No excuse not to be friendly

Friday, 4 July 2014

Keep calm and be friendly

In a decision that breaks with the past, the English Commercial Court this week upheld a contractual obligation requiring the parties to a dispute to try “friendly discussion” before resorting to arbitration. Chris Kidd, partner at Ince & Co in London, puts the judgment in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited in context.

MOSCOW: Will Russian reforms work?

Thursday, 3 July 2014

Russian Arbitration Day

This year’s Russian Arbitration Day in Moscow – which follows on from last year’s inaugural event – focused on proposed reforms to the country’s arbitration legislation as well as on less Russia-centric topics. Karen Shears, senior associate at Watson Farley Williams, reports.

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