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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

A convergence of attitudes in Latin America and beyond?

Tuesday, 11 August 2015

Michelle Bachelet, president of Chile since last year

Joe Tirado and Alejandro Garcia of the London office of Winston & Strawn consider the traditionally divergent stances of Latin American states to foreign investment and investment arbitration in light of recent developments in Brazil and Chile in particular. Are we seeing a convergence of attitudes both within Latin America and in the wider global market?

What India could learn from Hong Kong

Tuesday, 4 August 2015

Saris on sale in department store in Hong Kong

Aditya Kurian, counsel and head of the India region at the Hong Kong International Arbitration Centre, argues that should India seek to adopt a model for its proposed arbitration reforms, it need look no further than Hong Kong.

WELLINGTON: Gary Born on BATs and the Rainbow Warrior

Friday, 31 July 2015

The sinking of the Rainbow Warrior in Auckland Harbour

Kim Francis, partner at Meredith Connell in Wellington, reports on Gary Born’s recent visit to New Zealand, in which he advanced his proposal for a bilateral arbitration treaty and shared recollections of acting on the Rainbow Warrior case of the 1980s, which concerned the sinking of a Greenpeace vessel in Auckland Harbour.

TREATY ARBITRATION: The limited role of tax carve-outs in BITs

Thursday, 30 July 2015

Timothy Lyons QC

As the pending investment treaty claim brought by Cairn Energy against India puts tax carve-outs in bilateral investment treaties under the spotlight, Timothy Lyons QC, a barrister and arbitrator practising from 39 Essex Chambers in London, considers what they exclude.

The ECJ’s decision in CDC v Evonik: a breakthrough for cartel arbitrations?

Tuesday, 28 July 2015

Stephan Wilske, Christian Steinle and Laura Bräuninger, partners and associate at Gleiss Lutz in Stuttgart, examine a recent decision of the European Court of Justice in a case concerning the relevance of arbitration clauses for cartel damage claims.

HONG KONG: How to control counsel

Friday, 24 July 2015

In recent years, the question of how the conduct of counsel should be regulated in international arbitration has garnered much interest. Joining the debate, the LCIA and the HKIAC organised a seminar on 16 June on the emergence of codes of conduct and ethics governing party representation. Joanne Lau, associate at Allen & Overy, reports.

LONDON: Emergency responses

Wednesday, 22 July 2015

Emergency sirens

A distinguished cast of arbitration practitioners and former members of the English judiciary gathered at Baker Botts in London on 24 June for a well-attended ICC seminar on emergency and preliminary measures in international arbitration. Kiran Unni, a barrister practising at the firm, reports.

VALUATION: A closer look at Tidewater v Venezuela

Wednesday, 22 July 2015

Gervase MacGregor, head of forensic services, and David Mitchell, head of valuations at accountancy firm BDO, examine the valuation implications of the recent ICSID award in Tidewater v Venezuela, and argue that tribunals should be swifter in calling for joint reports from the parties’ experts.

SINGAPORE: Resurgent litigation

Friday, 17 July 2015

The SICC, which sits in the Singapore Supreme Court building

The opening of the Singapore International Commercial Court (SICC) has led to talk of the resurgence of litigation to resolve cross-border disputes, but how can it ensure its judgments are as easily enforced as arbitration awards under the New York Convention? Jef Klazen and Randall Arthur, partners at Kobre & Kim in New York and Hong Kong, and associate Gabrielle Liu, explain.

EU: An investment court for TTIP and beyond?

Friday, 17 July 2015

EU trade commissioner Cecilia Malmström

Paul Stothard and Stuart Bruce of King & Wood Mallesons in London consider recent EU proposals to replace investor-state arbitration with an international investment court, including permanent appeal judges.

MONEY COLUMN: Winning isn’t everything

Wednesday, 15 July 2015 Featured In: Volume 10 - Issue 3 (Vol. 10 Iss. 2)

Revered UCLA American football coach Red Sanders: "Winning isn't everything: it's the only thing". The tribunal disagreed.

Mark Kantor, an international arbitrator based in Washington, DC, considers the award on costs in the UNCITRAL case of European Investment Bank AG v the Slovak Republic which saw the state’s taxpayers held liable for nearly €4.2 million in legal and expert costs despite the success of their jurisdictional arguments. How did this come about?

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