GAR Volume 11 - Issue 1

Who’s the most influential arbitrator in the world?

How long is too long to wait for an award? • New arbitration laws for India and Myanmar • Focus on Iran

Features

“Killing me softly”: is international arbitration being stifled by soft law?

A panel at GAR Live Dubai debated whether the proliferation of soft law guidelines on aspects of procedure is “killing” international arbitration.

How long is too long to wait for an award?

Information about the period that elapses between the close of the final hearing of an arbitration and the issuance of an award by the tribunal is hard to come by despite moves by institutions towards greater transparency. Jeffery Commission, a former practitioner at Freshfields Bruckhaus Deringer in Washington, DC, who has recently joined Vannin Capital, gives the fullest information to date in relation to investment cases under ICSID and UNCITRAL rules.

Who is the most influential arbitrator in the world?

Allen & Overy’s Rishab Gupta and Katrina Limond apply citation analysis to measure influence in investment treaty arbitration.

Lord Dervaird 1935 – 2015

Lord Dervaird, an international arbitrator and leading proponent of arbitration in Scotland, has died aged 80.

Judith Kaye 1938 – 2016

Judith Kaye, the first female chief justice of New York who went on to become a disputes specialist at Skadden Arps Slate Meagher & Flom and chair of the New York International Arbitration Centre, has died aged 77.

Iran – a promising future with a loaded past?

Sylvia Noury, partner at Freshfields Bruckhaus Deringer in London, considers Iran’s extensive history of investment disputes and the potential for more cases arising under its modern investment treaty framework, drawing on a recent presentation she gave in London.

Global Briefing

SINGAPORE: Stays of proceedings and arbitrability

Tham Wei Chern, director at Duane Morris & Selvam in Singapore, examines a recent appeal court decision in the city-state on the tests for stays of court proceedings and arbitrability.

SWITZERLAND: Dealing with an arbitration clause in an unsigned contract

In a decision dated 18 February – but only made publicly available this month – the Swiss Federal Supreme Court dismissed a motion to set aside an award on jurisdiction that was based on an arbitration clause in an unsigned main contract. Michael Feit, of Walder Wyss in Zurich, reports.

TREATY COLUMN: A narrow test for state attribution

A recent ICSID award favouring Oman shows how states are redrafting traditional treaty provisions at the expense of investors, argue Linklaters partner Matthew Weiniger QC and professional support lawyer Johanne Brocas.

Conference Reports

HOUSTON: “Above-ground” perspectives on energy investments

A conference hosted by the Institute for Transnational Arbitration, Institute for Energy Law and ICC International Court of Arbitration featured a speech by the former chairman and CEO of Noble Energy on the need for “above ground” risk analysis when making an overseas energy investment and discussion of diversity on arbitral tribunals and whether arbitrators “split the baby”. Ginny Castelan of King & Spalding in Houston reports on behalf of the ITA.

LIMA: “Issue conflicts” and claims by dual nationals

A conference on investment arbitration in Latin America included panels on two controversial topics – “issue conflicts” and claims by investors with dual nationality. Eldy Roché, associate at King & Spalding in Houston, reports

LONDON: How women thrive in international arbitration

Marking International Women’s Day, Claire Morel de Westgaver, a senior associate at Bryan Cave, reports on a recent panel discussion in London on how women can have a successful career in international arbitration.

MEXICO CITY: Fighting corruption

The latest Institute of Transnational Arbitration’s Americas Workshop, which took place in Mexico City in late 2015, analysed the controversial question of how the arbitral process can be used to fight corruption. Rocío González Alcántara L, partner at Ernst & Young, reports.

PARIS: 100 years of CIArb

Prominent arbitration practitioners gathered at the headquarters of the International Chamber of Commerce in Paris for a conference to celebrate 100 years since CIArb was established. Simon Maynard, associate at Three Crowns in London and chairman-elect of the CIArb Global Young Members Group, reports.

TAIPEI: Sanctions against counsel and other matters

The latest Taipei International Conference on Arbitration and Mediation – part of the 60th anniversary celebrations of the Chinese Arbitration Association in Taipei – considered possible sanctions against counsel for unethical conduct, investment claims brought by cigarette companies and the need for an international convention on the enforcement of mediated settlements. Hao-Jou Fan and Mao-wei Lo, LLM candidates at College of Law, National Taiwan University, report.

VIENNA: The road to predictability

The 2016 Vienna Arbitration Days considered the road to predictability in international arbitration, including discussion of arbitrators’ scope to deviate from the applicable law and whether document production encourages settlement. Jarred Pinkston of Dorda Brugger Jordis in Vienna reports

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