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UNITED STATES: Avoiding the “discovery bog” in US-seated arbitrations

Thursday, 1 October 2015

Brownfield bog in the Saco River floodplain in New Hampshire

Parties seeking to avoid extensive discovery in arbitration need not choose a seat outside the United States, explain John Roesser, Anne Brooksher-Yen, Michael Igyarto and Ehsan Ali of Arnold & Porter in New York and Christine Choi, law student at the University of Michigan.

GENEVA: A rising tide of dispute settlement under the Law of the Sea

Tuesday, 22 September 2015

A rising tide

Valériane Oreamuno, associate at Lalive, reports on the latest Lalive lecture on dispute settlement under the Law of the Sea, delivered by Sean Murphy, a member of the UN International Law Commission and professor of law at George Washington University Law School.

SINGAPORE: Third-party funding - an emergent reality

Friday, 18 September 2015


Emmanuel Chua and Nic Patmore of Herbert Smith Freehills discusses recent developments in Singapore, including the recent decision of the Singapore High Court in Re: Vanguard Energy Pte Ltd, which give hope that third-party funding of arbitration – currently impermissible in the city state save in very specific circumstances – may finally be a reality in the near future.

SPORTS ARBITRATION: How the Pechstein case has brought CAS's independence into question

Thursday, 17 September 2015

Claudia Pechstein, pictured in 2006

Withers’ international arbitration and international law partner Hussein Haeri and sports partner Luca Ferrari discuss the German courts' view of the independence of the Court for Arbitration for Sport, as revealed in a recent appeal brought by German speed skater Claudia Pechstein.

BOOK REVIEW: A Commentary on the LCIA Arbitration Rules 2014

Monday, 14 September 2015


Authors: Shai Wade, Philip Clifford and James Clanchy. Publisher: Sweet & Maxwell, 2015. Reviewed by Nicholas Fletcher QC, barrister and arbitrator at 4 New Square in London

BOOK REVIEW: Arbitrating Under the 2014 LCIA Rules: A User’s Guide

Monday, 14 September 2015


Authors: Maxi Scherer, Rémy Gerbay and Lisa Richman. Publisher: Kluwer Law International, 2015. Reviewed by Andy Moody, partner at Eversheds in London

TREATY COLUMN: Ping An v Belgium – a tale of two treaties

Friday, 11 September 2015 Featured In: Volume 10 - Issue 4 (Vol. 10 Iss. 4)

The first claim to be brought by a mainland Chinese investor under a Chinese bilateral investment treaty has been dismissed due to the dispute having arisen before the treaty came into effect. Matthew Weiniger QC of Herbert Smith Freehills in London reports on the decision.

JAKARTA: Arbitration law reform on the agenda?

Friday, 4 September 2015


Antony Crockett, international counsel at Hiswara Bunjamin & Tandjung in Jakarta (on secondment from Herbert Smith Freehills), reports on a recent conference organised by Indonesia’s national arbitration institution at which delegates discussed the need for arbitration law reform in the country.

ARGENTINA: Appeal court rules on enforcement of ICSID awards

Wednesday, 26 August 2015

Jean-Paul Dechamps

A Buenos Aires appeal court has held that ICSID awards do not have to undergo confirmation proceedings to be enforced in Argentina, but has reserved its right to review such awards on public policy grounds. Jean-Paul Dechamps, senior associate at Freshfields Bruckhaus Deringer in London, reports

“Poisoned waters”: Croatia’s stance on the Sekolec scandal

Wednesday, 19 August 2015 Featured In: Volume 10 - Issue 4 (Vol. 10 Iss. 4)

The Bay of Piran/ Bay of Savudrija at the centre of the dispute

Correspondence shared with GAR sheds light on Croatia’s main argument why its border arbitration with Slovenia cannot continue – the risk that arbitrator Jernej Sekolec has introduced new facts and arguments into tribunal deliberations and the case record over a 13-month period, influencing his co-arbitrators’ decision-making.

The Sekolec scandal: a Croatian agent’s perspective

Wednesday, 19 August 2015 Featured In: Volume 10 - Issue 4 (Vol. 10 Iss. 4)

Croatia's team, including Andreja Metelko-Zgombić, second from left, and Vesna Pusić (fourth from left) in the Peace Palace in The Hague

Croatia's former co-agent in its border arbitration with Slovenia has told GAR how she has lost confidence in continued arbitration of the dispute in any form.

The Sekolec scandal: is this what Croatia wanted?

Wednesday, 19 August 2015 Featured In: Volume 10 - Issue 4 (Vol. 10 Iss. 4)

Behind-the-scenes communication between party-appointed arbitrators and state agents was a feature of the Alabama arbitration and continues in interstate disputes today

Of course, there is an alternative to Croatia’s version of events: that, thanks to its own unofficial “channels of communication” with the tribunal, the state knew that it was not going to get what it wanted from the arbitration and took steps to undermine the proceeding.

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