Friday, 25 July 2014
Wednesday, 23 July 2014
Tuesday, 22 July 2014
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.
Monday, 21 July 2014
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.
Friday, 18 July 2014
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.
Tuesday, 15 July 2014
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.
Friday, 11 July 2014
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.
Thursday, 10 July 2014
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.
Monday, 7 July 2014
Monday, 7 July 2014
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.
Friday, 4 July 2014
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.