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Treaty-making in an era of treaty bashing

Thursday, 26 May 2016

International flags

Treaty negotiators, academics, practitioners and students gathered in Washington, DC, and London for conferences organised by the International Arbitration Institute on treaty-making in investment law. Mikaël Schinazi, a PhD candidate at Sciences Po, Paris, and an LLM student at Columbia Law School, and Margaret Clare Ryan, a senior associate in the international arbitration group at Shearman & Sterling, report.

HAMBURG: New energies and new rules

Wednesday, 4 May 2016

A wind farm in the North Sea

The German Institution of Arbitration's spring conference saw the launch of a process to update the 1998 DIS rules and discussion of "new energies" in dispute resolution in a city that is seeing a wind energy boom in the North Sea. James Menz, counsel at Schellenberg Wittmer in Zurich, reports on this and a companion DIS 40 event that included a keynote speech by Hans van Houtte.

TREATY COLUMN: How is an agreement to arbitrate formed?

Tuesday, 3 May 2016

An ICSID tribunal that recently dismissed a claim against Turkmenistan adopted a novel test to determine whether compliance with a treaty’s local litigation requirement was an issue of jurisdiction or admissibility. Linklaters partner Matthew Weiniger QC and associate Stephanie Tang in London report

ZURICH: ADR of IP and technology disputes

Thursday, 28 April 2016

The Alps, near Zurich

In-house counsel and prominent arbitration practitioners resisted the lure of blue skies and fresh snowfall in the Swiss Alps to spend an afternoon in Zurich discussing recent developments in alternative dispute resolution for IP and technology disputes. Anya George, senior associate at host firm Schellenberg Wittmer, reports.

Cross-examination and stilettos: ArbitralWomen celebrates launch of young group

Tuesday, 26 April 2016

stilettos

Earlier this month, Arbitral Women marked the launch of the first young group for female practitioners and held its first conference on how to advance in international arbitration. Dilber Devitre, foreign associate at Homburger in Zurich, reports.

GUATEMALA CITY/TEGUCIGALPA: A role for English common law?

Friday, 22 April 2016

Guatemala City and Tegucigalpa

Linked seminars in Guatemala and Honduras looked at whether English common law has a role to play in trade and investment arbitration in central America and Latin America in general. Organiser Monica Feria-Tinta, a Peruvian who practises as a barrister at 20 Essex Street Chambers in London and one of the few Latin Americans called to the English bar, reports.

WASHINGTON, DC: Ethics for arbitrators and counsel

Friday, 22 April 2016

The Washington Monument and Jefferson Memorial

A conference hosted by the Institute for Transnational Arbitration and the American Society of International Law in Washington, DC, explored the ethical obligations of arbitrators and advocates in international arbitration. Charles Rosenberg and Imad Khan of White & Case report.

YUKOS: A case of superlatives

Tuesday, 19 April 2016

Gervase MacGregor, head of forensic services, and David Mitchell, head of valuations, at accountancy firm BDO examine the valuation implications of the Yukos case and lessons that can be learned for practice.

RUSSIA: Corporate disputes under Russia’s arbitration reform

Friday, 15 April 2016

Nane Oganesyan and Jon Hines, partners at Morgan Lewis in Moscow, explore what Russia’s recently enacted commercial arbitration reform will mean for the arbitrability of corporate disputes and the drafting of arbitration clauses.

PARIS: Best Friends debate need for rules on ethics

Tuesday, 5 April 2016

At the latest Best Friends’ Debate in Paris, 64 per cent of the audience members voted against institutions creating new rules, including rules to regulate counsel conduct and address ethical dilemmas in international arbitration.

SWITZERLAND: Dealing with an arbitration clause in an unsigned contract

Thursday, 31 March 2016 Featured In: Volume 11 - Issue 1 (Vol. 11 Iss. 1)

The Swiss Federal Supreme Court in Lausanne

In a decision dated 18 February – but only made publicly available this month – the Swiss Federal Supreme Court dismissed a motion to set aside an award on jurisdiction that was based on an arbitration clause in an unsigned main contract. Michael Feit, of Walder Wyss in Zurich, reports.

TAIPEI: Sanctions against counsel and other matters

Wednesday, 23 March 2016 Featured In: Volume 11 - Issue 1 (Vol. 11 Iss. 1)

The Chinese Arbitration Association in Taipei celebrated its 60th anniversary last year

The latest Taipei International Conference on Arbitration and Mediation – part of the 60th anniversary celebrations of the Chinese Arbitration Association in Taipei – considered possible sanctions against counsel for unethical conduct, investment claims brought by cigarette companies and the need for an international convention on the enforcement of mediated settlements. Hao-Jou Fan and Mao-wei Lo, LLM candidates at College of Law, National Taiwan University, report.

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