GAR Volume 9 - Issue 1

Will treaty arbitration survive? • How to deal with corruption • What’s holding Australia back? • Interview with three umpires

Features

A debut in Paris

GAR Live made its first visit to Paris in November, with sessions examining the future of investment treaty arbitration, choosing an arbitral seat, framing damages claims and how to deal with corruption allegations.

Will treaty arbitration survive?

A panel at GAR Live Paris debated whether investment treaty arbitration will still be thriving in decades to come or might be headed for extinction. Sebastian Perry reports

The place of arbitration: an in-house view

In-house counsel at GAR Live Paris explained how they choose an arbitral seat – and admitted to a growing disenchantment with the cost and inefficiency of arbitrating in London. Douglas Thomson reports

How to deal with corruption allegations

A panel at GAR Live Paris discussed how arbitrators should approach allegations of corruption raised in a case, including whether they have a duty to deal with such claims at all. Douglas Thomson reports

GAR Live lands in Sydney

GAR Live arrived in Australia for the first time on 4 December as part of an informal “Sydney Arbitration Week” that also saw events organised by the International Bar Association, the Australian Centre for International Commercial Arbitration and the Law Council of Australia. Kyriaki Karadelis reports

What’s holding Australia back?

An all-Australian panel at GAR Live Sydney asked why a country that has produced so many well-known international arbitration practitioners has struggled to establish itself as an arbitral seat. Kyriaki Karadelis reports

Interview with three umpires

Three leading lights in Australian adjudication sat down for a “fireside chat” at GAR Live Sydney, discussing how they got their start in arbitration, how they would simplify the process and why the best arbitrators may resemble psychopaths. Kyriaki Karadelis reports

Global Briefing

AUSTRIA: New revisions to arbitration act

Christian Dorda and Jarred Pinkston of Dorda Brugger Jordis in Vienna report on recent revisions to the Austrian Arbitration Act that have made the country’s Supreme Court almost a one-stop shop for arbitration-related matters.

BRITISH VIRGIN ISLANDS: A new arbitration centre in the Caribbean?

The British Virgin Islands (BVI) passed a new arbitration law in December, including provisions for setting up a new international arbitration centre. Ben Knowles, global head of dispute resolution at Clyde & Co in London, considers some of the factors that may affect the success of arbitration in the territory.

Emergency arbitrators and the US courts

In a decision that sheds light on the effectiveness of emergency arbitrator procedures, a US court has upheld an award of injunctive relief obtained by Microsoft in a dispute with Yahoo! over a search and advertising deal. Claire Morel de Westgaver of Bird & Bird in London reports.

ICC launches new mediation rules

The International Chamber of Commerce unveiled its new mediation rules at a launch event in Paris last week. Ben Hornan, senior associate at Hogan Lovells in London, reports on their key provisions.

Singapore’s alternative to international arbitration?

Paul Tan, partner at Rajah & Tann in Singapore, considers the city-state’s proposal to establish an international commercial court and asks whether it will pose a serious challenge to existing dispute resolution choices.

TREATY COLUMN: Mass claims – what next?

Matthew Weiniger and Mike McClure of Herbert Smith Freehills consider the fallout from a pair of ICSID decisions that have upheld jurisdiction over “mass claims” relating to Argentina’s debt default.

UAE: Attachment orders apply while recognition is pending

The Abu Dhabi Court of Cassation recently ruled that a precautionary attachment order can be granted on the basis of an arbitral award before the award has been formally recognised by the courts and without the need to show any fear that the assets may be dissipated. Robert Karrar-Lewsley and Ahmad Ghoneim of Al Tamimi & Company report

Conference Reports

LONDON: Brower on ‘‘investomercial” arbitration

Delivering a lecture at the Chartered Institute of Arbitrators in London, US arbitrator Charles N Brower discussed the overlap between investment and commercial arbitration and highlighted the increasing use of both contractual and treaty-based means of redress against host states.

LONDON: Russian disputes in the UK – for how much longer?

An event organised by the Russian and CIS Arbitration Network (RCAN) examined recently proposed legal reforms in Russia and their potential impact on Russian disputes being resolved in London. Paul Martenstyn, deputy senior clerk at Fountain Court Chambers and a member of the RCAN organising committee, reports

PARIS: Concurrent proceedings in investment disputes

A conference co-organised by the International Arbitration Institute (IAI), the Geneva Center for International Dispute Settlement (CIDS) and UNCITRAL examined the phenomenon of concurrent investment treaty arbitrations brought by shareholders. Maja Menard, partner at Ulčar & Partners in Ljubljana, reports

Singapore hears pleas for procedural variety

In the setting of a botanical garden, this week's Singapore International Arbitration Forum considered some “radical” ways to rethink the standardised procedure of commercial arbitration to meet the needs of specific cases. Kyriaki Karadelis reports

SYDNEY: Calls for convergence across Asia-Pacific

An International Bar Association event in Sydney today examined the local nuances of arbitrating in Asia-Pacific countries and heard calls for greater convergence of arbitral practice across the region. Kyriaki Karadelis reports

Book Reviews

BOOK REVIEW: Selected Essays on International Arbitration

Author: Michael Hwang SC.
Publisher: Academy Publishing, 2013.

Reviewed by Douglas Jones AO, partner at Clayton Utz in Sydney and Atkin Chambers London

BOOK REVIEW: The Culture of International Arbitration and the Evolution of Contract Law

Author: Joshua Karton.
Publisher: Oxford University Press, 2013.
Reviewed by Baiju Vasani, partner at Jones Day in London

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