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Yukos Capital v Rosneft: the latest ruling analysed

Friday, 15 August 2014

Yukos flag waving

In a case arising from the collapse of Yukos that has escaped attention amid the clamour over the Permanent Court of Arbitration awards, the English High Court has confirmed that arbitration awards annulled by a Russian supervisory court may still be given effect under English law. Rupert Gordon and George Mingay of Clyde & Co in London report.

PARIS: A Caribbean adventure

Thursday, 7 August 2014

Goldsmith: "pacing disconsolately"

A lecture by Lord Goldsmith QC looked at the relationship between arbitration and national courts with reference to a set of litigations concerning anti-arbitration measures implemented by the government of Belize. Bart Wasiak of Arnold & Porter reports.

MONEY COLUMN: Compensation for expropriation

Thursday, 7 August 2014

Expropriation

Focusing on developments in a new generation of treaties, Washington, DC-based arbitrator Mark Kantor asks whether the battle over the proper compensation for an expropriation is finally over?

TREATY COLUMN: The MFN debate and manifest excess of power

Tuesday, 5 August 2014

MFN

Matthew Weiniger QC and Gitta Satryani, partner and senior associate at Herbert Smith Freehills in London, consider a recent ruling of an ICSID annulment committee that a tribunal may take either side of the debate over most-favoured nation clauses without triggering an examination of whether it has manifestly exceeded its power.

BOOK REVIEW: Gas Price Arbitrations: A Practical Handbook

Friday, 1 August 2014

book

Consulting editor: Mark Levy Publisher: Globe Law and Business, 2014 Reviewed by Paul Saba, independent arbitrator and energy lawyer in Boston, Massachusetts

ROME: Representing parties

Friday, 25 July 2014

IBA guidelines

A prestigious panel welcomed the new IBA Guidelines on Party Representation. Valentine Chessa of Castali Mourre & Partners in Paris reports.

ATHENS: A Greek perspective

Wednesday, 23 July 2014

The Hotel Grande Bretagne in Athens, overlooked by the Acropolis

Greece is emerging from its financial crisis stronger than it was before, claimed a high-ranking official at the Greek Ministry of Justice at an event on investment risk and international dispute resolution in the shadow of the Acropolis. Dimitra Capas of Norton Rose Fulbright in Athens reports.

UNITED STATES: Why the “Sunday” case does not impact on international arbitration

Tuesday, 22 July 2014

Saint Thomas Church, Fifth Avenue, New York

The former chief judge of New York State’s highest court and chair of the New York International Arbitration Centre, Judith Kaye, and Anibal Sabater, partner at Norton Rose Fulbright in New York, take issue with reports that the recent judgment of the Supreme Court of the State of New York in Ruth Bauer v Irving Bauer et al means that parties who arbitrate on a Sunday in New York risk their award being set aside.

SAUDI ARABIA: Government paves way for new centre

Monday, 21 July 2014

The Saudi capital of Riyadh

Cyrille Naffah, senior associate at the Saudi office of Bin Shabib & Associates, reports on a Saudi Arabian resolution to establish a new commercial arbitration centre in Riyadh that will oversee the activities of all arbitration providers in the kingdom and their compliance with its new arbitration law.

AUSTRALIA: Setting aside on natural justice grounds

Friday, 18 July 2014

The coat of arms of the Federal Court of Australia

Doug Jones, partner at Clayton Utz in Sydney, reports on a decision of the Full Court of the Federal Court of Australia which bolsters the country’s pro-arbitration and pro-enforcement stance by reading very narrowly the grounds upon which an arbitral award may be voided for breach of natural justice.

MALAYSIA: Changes to law governing foreign lawyers

Tuesday, 15 July 2014

Malaysia's parliament building in Kuala Lumpur

Two years ago, Malaysia amended existing legislation to prevent unauthorised foreign lawyers from entering the jurisdiction on a “fly in, fly out” basis. Emmanuel Duncan Chua of Herbert Smith Freehills in Singapore explains further changes to the law to allow foreign lawyers to practise in Malaysia under three categories of licence and to enter Malaysia for work up to 60 days a year, with a specific carve-out for arbitral procedings.

UNITED STATES: Not on a Sunday in New York

Friday, 11 July 2014

A lazy Sunday in New York's Central Park

REVISED: In a recent case arising from a family battle over a legacy, the Supreme Court of the State of New York vacated a US$42 million arbitral award on the grounds that the tribunal had held a hearing on a Sunday. Claire Morel de Westgaver, associate at Bryan Cave in London, considers the potential implications for those who arbitrate in New York.

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