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LONDON: Hot topics

Friday, 31 October 2014

Subjects explored at King & Wood Mallesons’ latest Hot Topics include the time and cost of arbitration, the new LCIA rules and the treatment of pathological arbitration clauses in the US courts. Partner Dorothy Murray, associates Swati Tripathi and Stuart Bruce, and trainee Alexandra Cooke report.

JEJU ISLAND: What do South Korea and Japan share?

Thursday, 30 October 2014

South Korea's Jeju island

A gathering at South Korea’s Jeju Island, in the foothills of a network of dormant volcanos and lava tubes that form a UNESCO World Heritage Site, marked the launch of the Korea-Japan International Arbitration Forum. Joongi Kim, professor at Yonsei Law School in Seoul, reports.

GENEVA: A new generation of international tribunals: Gary Born’s Lalive lecture

Wednesday, 29 October 2014


In the first Lalive lecture since the passing of Pierre Lalive, Gary Born highlighted the difference in performance between what he termed first- and second-generation tribunals. Julian Wyatt, an associate at Lalive, reports.

CHINA: Pathological arbitration clauses – a mainland perspective

Tuesday, 28 October 2014

Parties involved in disputes in mainland China can face unwanted surprises in the absence of a carefully drafted arbitration clause. Stephen Wong of Haibu Attorneys-at-law in Shenzhen and Alfred Wu of Fried Frank Harris Shriver & Jacobson in Hong Kong explain the mainland courts’ approach to challenges to an arbitration agreement’s validity.

HONG KONG: The rule of law in all its glory

Friday, 24 October 2014

Student leader Joshua Wong, a hero of the protests in Hong Kong

As the protests in Hong Kong continue, Neil Kaplan QC told students at Hong Kong University Faculty of Law how events have shown the strength of the rule of law in Hong Kong, contrary to what has been suggested by practitioners in rival jurisdictions. Michal Čáp, a recent graduate of HKU admitted to practise in the Czech Republic, reports.

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


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.

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