GAR Volume 9 - Issue 6

The umbrella cause - What the protests mean for Hong Kong as a seat

Malaysia prevails against Singapore over railway land • Coverage of GAR Live Hong Kong and New York

Features

The umbrella cause

Pro-democracy protests replaced more familiar topics as a talking point at Hong Kong Arbitration Week and GAR Live. Alison Ross reports on how the interests of protesters and lawyers are to a large extent aligned and how the protests have been greeted as confirmation of the rule of law in Hong Kong. [This article, which concerns developing events, was written in early November.]

A year in Asia

Which are the most innovative and disappointing jurisdictions in Asia when it comes to international arbitration; and what have been the most important decisions and institutional developments in the region in the past year? GAR Live delegates shared their views. Douglas Thomson reports.

Are party-appointed experts a waste of time?

The GAR Live Hong Kong debate was on the role of expert witnesses in international arbitration, with one side seeking to convince a sceptical audience that the party appointment of experts should be abandoned. Douglas Thomson reports.

Smart-arbitrating

As Apple launched the state-of-the-art iPhone 6 at its flagship New York store in September, a GAR Live panel just a few blocks down Fifth Avenue was examining innovations to make arbitration smarter. Kyriaki Karadelis reports.

Court support of arbitration in the US: a judge’s reflections

A US federal judge at GAR Live New York discussed recent example of court support of arbitration in the US, as well as a controversial requirement that courts must have personal jurisdiction over a corporation for enforcement purposes. Kyriaki Karadelis reports.

Global Briefing

CHINA: Pathological arbitration clauses – a mainland perspective

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.

CONSTRUCTION: Good news from Singapore – the second Persero case

Christopher Seppälä, partner at White & Case in Paris, reports on a Singapore High Court decision that will help facilitate the cash flow of contractors in the construction industry.

MONEY COLUMN: From US$67 billion down to US$50 billion – Yukos’s fall from grace

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.

UK: Recent court approaches to freezing injunctions: is there any consistency?

In two recent cases, English courts granted a worldwide freezing injunction against a Zambian company with no assets in the UK and refused to continue a UK freezing injunction against a Nigerian company that had assets in the country. Oliver Elgie, senior associate at Herbert Smith Freehills in London, reports.

Conference Reports

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

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.

JEJU ISLAND: What do South Korea and Japan share?

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.

MELBOURNE: Griffith on the ISDS debate

Gavan Griffith QC, the former solicitor-general of Australia and a prominent international arbitrator, talked about the ongoing Australian debate about investor-state dispute settlement (ISDS) clauses at the Melbourne Commercial Arbitration and Mediation Centre. Melbourne-based barrister Eugenia Levine reports

SEOUL: Interim measures considered as part of arbitration law revisions

German-American international arbitration specialist Richard Kreindler addressed an audience at the recently established Seoul International Dispute Resolution Center on the subject of interim measures. BC Yoon, partner at Kim & Chang and secretary general of the Seoul International Arbitration Centre, reports.

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