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LONDON: A Rubik's cube of ethical rules?

Tuesday, 21 October 2014

A Rubick's cube pattern

The inaugural conference of Queen Mary, University of London’s Institute for Regulation and Ethics looked at the arguments for and against the regulation of counsel conduct in international arbitration and considered the emerging regulatory frameworks. Khaled Moyeed of Clyde & Co in London reports.

MONEY COLUMN: From US$67 billion down to US$50 billion – Yukos’s fall from grace

Wednesday, 8 October 2014

Downward arrow

Mark Kantor, a Washington, DC-based arbitrator, considers how the compensation awarded to the former majority shareholders in Yukos in its arbitrations with Russia came to be reduced by 25 per cent.

SINGAPORE: The Lord of the Rings Part 4: the quest for natural justice

Tuesday, 7 October 2014

Nakhul Dewan

Nakul Dewan, a member of 20 Essex Street who is called to the bar in India and Singapore, discusses a recent decision of the Singapore High Court that takes the requirements of natural justice a step further than previous case law, using references to The Lord of the Rings to preserve the anonymity of the players in the case.

BOOK REVIEW: Piercing the Veil of State Enterprises in International Arbitration

Friday, 3 October 2014

book

Author: Albert Badia.Publisher: Wolters Kluwer Law & Business, 2014. Reviewed by Martins Paparinskis, lecturer at University College London

BOOK REVIEW: The International Minimum Standard and Fair and Equitable Treatment

Friday, 3 October 2014

The International Minimum Standard and Fair and Equitable Treatment

Author: Martins Paparinskis. Publisher: Oxford University Press, 2013. Reviewed by Andrew Loewenstein, partner at Foley Hoag in Boston, Massachusetts

SEOUL: Troublesome issues

Wednesday, 1 October 2014

Delegates discussed whether states' exclusions to arbitration clauses in the interests of regulatory space leave investment agreements as full of holes as Swiss cheese.

An event hosted by the Korean Commercial Arbitration Board explored troublesome issues that arise from investor-state arbitration, including the backlash to this form of dispute settlement and states attempts to preserve their regulatory space through investment treaties. Baptiste Rigaudeau of Foley Hoag in Paris and Caroline Swartz-Zern of King & Wood Mallesons in Perth report.

COPENHAGEN: New challenges in energy disputes

Tuesday, 30 September 2014

Copenhagen's skyline

An energy arbitration-focused conference in Copenhagen looked at corruption, the Arctic, stabilisation and renegotiation clauses, and the emerging hostility towards investor-state dispute mechanisms in new bilateral treaties. Jan Schaefer, a partner at King & Spalding in Frankfurt, reports.

UK: A breakthrough for financial services arbitration?

Monday, 29 September 2014

The City of London - the UK's centre of financial services

Nicholas Peacock, Dominic Kennelly and Emily Blanshard of Herbert Smith Freehills in London consider the arbitral award and judgment of the English High Court in Travis Coal Restructured Holdings LLC v Essar Global Fund Ltd – which suggest that summary procedures may be available to tribunals in appropriate cases – and their implications for the use of arbitration by banks and other financial institutions.

An international arbitration tribunal on business and human rights?

Thursday, 25 September 2014

John Ruggie

Antony Crockett and Yi-Shun Teoh of Herbert Smith Freehills in Hong Kong consider a proposal for the creation of an international tribunal on business and human rights, to improve access to justice and ensure corporate accountability.

QATAR: Court of Cassation relies on New York Convention to reinstate award

Wednesday, 24 September 2014

Sheikh Tamim bin Hamad bin Khalifa Al Thani became Emir of Qatar in June 2013 after his father's abdication. Aged 34, he is the world's youngest reigning monarch.

Matthew Walker and Darran Jenkins, partner and associate at K&L Gates in Doha, report on the Qatar Court of Cassation’s recognition of a party’s right to seek enforcement of an award by relying on the New York Convention.

When Asia and Africa meet

Tuesday, 23 September 2014

An advert for South Africa's Engen Petroleum, which is 80 per cent owned by Malaysia's Petronas

Hogan Lovells lawyers Jonathan Leach in Singapore, Markus Burgstaller in London and Thomas Kendra in Paris consider how Asian investors can best protect their investments in Africa, with a focus on three jurisdictions: South Africa, Nigeria and Ivory Coast.

Where corruption rears its ugly head

Tuesday, 2 September 2014

Corruption

Ruth Cowley and Andrew Reeves, partner and associate at Norton Rose Fulbright in London, discuss the impact of corruption on arbitration in light of recent awards and court judgments.

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