GAR Volume 10 - Issue 6

Haze in Asia • Could treaty claims follow against Indonesia?

Russia attacks Yukos awards • Getting to grips with guerrilla tactics • Cuba opens up


Cuba libre – but with investment protection

Cuba is opening up. Hussein Haeri and Ruzin Dagli of Withers discuss how foreign investors might fare in light of history, the country’s network of bilateral investment treaties and a new foreign investment law passed in March 2014

Could haze in Asia give rise to treaty claims?

The smoke haze that has engulfed Singapore, Malaysia and other parts of South East Asia recently could violate international law and be the subject of an investment treaty claim against Indonesia, according to a briefing prepared by Dechert partner Mark Mangan and colleagues in the firm’s Singapore arbitration team

Russia attacks Yukos awards

Nearly a year and a half after the Yukos awards were issued, Russia is waging a bitter war to have them set aside and to resist enforcement, including through GAR.

Rivkin’s “clarion call” for arbitration

The president of the International Bar Association, David W Rivkin, has issued what one listener described as “a clarion call for better behaviour – much better behaviour” from arbitrators, proposing a “new contract” between them and parties to ensure expectations are met

Getting to grips with guerrilla tactics

It’s not uncommon for one side of a case to delay proceedings with a variety of procedural tactics. Delegates at GAR Live Hong Kong discussed when that behaviour may cross the line into “guerrilla tactics”

Africa must have more representation on tribunals, says Somali judge

The legitimacy of investor-state arbitration in Africa depends on African arbitrators serving on tribunals and African states having more of a role in the formulation of bilateral investment treaties, says Abdulqawi Ahmed Yusuf, the Somalian vice-president of the International Court of Justice.

Global Briefing

INDIA: Two steps forwards and one step back on choice of law

In a judgment earlier this year, the Delhi High Court applied the English Court of Appeal's decision in Sul America to hold an application to set aside a Singapore award maintainable. Nakul Dewan of 20 Essex Street says the court was in sync with international arbitration jurisprudence but should have considered the doctrine of the severability of the arbitration agreement under Indian law.

Conference Reports

AMSTERDAM: Tested improvements

The third Dutch Arbitration Day, held in the Hermitage Museum in Amsterdam, focused on “tested improvements in arbitration” – addressing innovations applied in one area of the field that may also be adopted in others or applied on a general basis. Stan Putter, a senior associate at Eversheds in Amsterdam and a member of the event’s organising committee, reports.

SINGAPORE: Are Asia's LNG players heading for a contractual train wreck?

In a recent study of challenges to pricing in Asia’s liquefied natural gas markets, Howard Rogers and Jonathan Stern of the Oxford Institute of Energy Studies suggest that every market where prices have been liberalised and hubs created has seen “contractual train wrecks”, and that for Asian markets to avert such a scenario is “by no means guaranteed”. Darina Maláčová of De Brauw and Yuri Yashiro of Bredin Prat report on a recent event in Singapore that considered this ominous prediction.

TBILISI: Building a regional hub

Beka Injia, secretary general of the newly established Georgian International Arbitration Centre, reports on a three-day event in Tbilisi organised by the centre that included contributions from Pierre Tercier and Gabrielle Kaufmann Kohler, as well as leading practitioners from the region and further afield.

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