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TBILISI: Building a regional hub

Wednesday, 25 November 2015

Freedom Square, Tbilisi

Beka Injia, secretary general of the newly established Georgian International Arbitration Centre, reports on a three-day event in Tbilisi organised by the centre that included contributions from Pierre Tercier and Gabrielle Kaufmann Kohler, as well as leading practitioners from the region and further afield.

AMSTERDAM: Tested improvements

Wednesday, 18 November 2015

The Hermitage Museum, Amsterdam

The third Dutch Arbitration Day, held in the Hermitage Museum in Amsterdam, focused on “tested improvements in arbitration” – addressing innovations applied in one area of the field that may also be adopted in others or applied on a general basis. Stan Putter, a senior associate at Eversheds in Amsterdam and a member of the event’s organising committee, reports.

Cuba libre – but with investment protection

Thursday, 12 November 2015

Cuba is opening up. Hussein Haeri and Ruzin Dagli of Withers discuss how foreign investors might fare in light of history, the country’s network of bilateral investment treaties and a new foreign investment law passed in March 2014

INDIA: Two steps forwards and one step back on choice of law

Thursday, 12 November 2015

Carzonrent rental cars in India

In a judgment earlier this year, the Delhi High Court applied the English Court of Appeal's decision in Sul America to hold an application to set aside a Singapore award maintainable. Nakul Dewan of 20 Essex Street says the court was in sync with international arbitration jurisprudence but should have considered the doctrine of the severability of the arbitration agreement under Indian law.

SINGAPORE: Are Asia's LNG players heading for a contractual train wreck?

Wednesday, 4 November 2015

Jonathan Stern (far right) addresses panel

In a recent study of challenges to pricing in Asia’s liquefied natural gas markets, Howard Rogers and Jonathan Stern of the Oxford Institute of Energy Studies suggest that every market where prices have been liberalised and hubs created has seen “contractual train wrecks”, and that for Asian markets to avert such a scenario is “by no means guaranteed”. Darina Maláčová of De Brauw and Yuri Yashiro of Bredin Prat report on a recent event in Singapore that considered this ominous prediction.

TRADE DEALS: ISDS in the newly signed TPP

Monday, 2 November 2015

Following the news that the Trans-Pacific Partnership was signed in the US city of Atlanta on 5 October, Donald Robertson, partner at Herbert Smith Freehills and adjunct professor of law at Sydney University Law School, reports on the shape and role of investor-state dispute settlement provisions in the trade deal.

US: The Southern District of New York and section 1782

Monday, 2 November 2015

The US District Court of the Southern District of New York

Arnold & Porter arbitration specialists John Roesser, Anne Brooksher-Yen and Michael Igyarto reflect on two recent decisions of interest on section 1782 of the United States Code emanating from the Southern District of New York.

Could haze in Asia give rise to treaty claims?

Friday, 30 October 2015

The smoke haze that has engulfed Singapore, Malaysia and other parts of South East Asia recently could violate international law and be the subject of an investment treaty claim against Indonesia, according to a briefing prepared by Dechert partner Mark Mangan and colleagues in the firm’s Singapore arbitration team

Russia attacks Yukos awards

Wednesday, 28 October 2015

Nearly a year and a half after the Yukos awards were issued, Russia is waging a bitter war to have them set aside and to resist enforcement, including through GAR.

Rivkin’s “clarion call” for arbitration

Tuesday, 27 October 2015

The president of the International Bar Association, David W Rivkin, has issued what one listener described as “a clarion call for better behaviour – much better behaviour” from arbitrators, proposing a “new contract” between them and parties to ensure expectations are met

Getting to grips with guerrilla tactics

Tuesday, 27 October 2015

It’s not uncommon for one side of a case to delay proceedings with a variety of procedural tactics. Delegates at GAR Live Hong Kong discussed when that behaviour may cross the line into “guerrilla tactics”

RUSSIA: Combating “pocket arbitration courts”

Monday, 19 October 2015 Featured In: Volume 10 - Issue 5 (Vol. 10 Iss. 5)

Ben Carroll and Valeria Romanova, partner and attorney-at-law at Linklaters in Moscow, argue that recent case law that upholds the need for impartiality in arbitral awards and a new draft law on arbitration are important steps in the elimination of “pocket arbitration courts” and in the development of arbitration in Russia.

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