GAR Volume 10 - Issue 4
HSF and Weil Gotshal partner moves • Costs awards – who pays? • GAR Live Istanbul and GAR Live Singapore
Correspondence shared with GAR sheds light on Croatia’s main argument why its border arbitration with Slovenia cannot continue – the risk that arbitrator Jernej Sekolec has introduced new facts and arguments into tribunal deliberations and the case record over a 13-month period, influencing his co-arbitrators’ decision-making.
Croatia's former co-agent in its border arbitration with Slovenia has told GAR how she has lost confidence in continued arbitration of the dispute in any form.
Of course, there is an alternative to Croatia’s version of events: that, thanks to its own unofficial “channels of communication” with the tribunal, the state knew that it was not going to get what it wanted from the arbitration and took steps to undermine the proceeding.
GAR assesses the potential costs of the Sekolec scandal for the state parties, the Balkan region and international arbitration at a time when the process is facing increased scrutiny.
As Singapore marks 50 years of being an independent state, its development as an international arbitration hub can be counted as one of its great successes. According to GAR Live delegates, its prominence can only increase further, with a likely rise in the number of treaty-based investor-state disputes, gas-pricing reviews and financial cases submitted to arbitration
Istanbul is the centre of the world, if you accept the decree of the Roman emperor Constantine the Great in the 4th century – but is a favourable geographic position enough to ensure the success of the city’s new arbitration centre?
Joe Tirado and Alejandro Garcia of the London office of Winston & Strawn consider the traditionally divergent stances of Latin American states to foreign investment and investment arbitration in light of recent developments in Brazil and Chile in particular. Are we seeing a convergence of attitudes both within Latin America and in the wider global market?
Paul Stothard and Stuart Bruce of King & Wood Mallesons in London consider recent EU proposals to replace investor-state arbitration with an international investment court, including permanent appeal judges.
The first claim to be brought by a mainland Chinese investor under a Chinese bilateral investment treaty has been dismissed due to the dispute having arisen before the treaty came into effect. Matthew Weiniger QC of Herbert Smith Freehills in London reports on the decision.
This year’s Institute for Transnational Arbitration Workshop challenged arbitrators and practitioners alike to get to grips with their subconscious practices and inclinations. Sylvia Tonova of Jones Day in London reports.
An energy law event in London saw in-house and external counsel act out the roles they would play in the aftermath of a corruption scandal and exchange views on how to approach technologically complex energy disputes – with the (then) incoming president of the ICC International Court of Arbitration, Alexis Mourre, sharing his experience of gas price review cases. Jessica Withey of Clifford Chance reports.
Kim Francis, partner at Meredith Connell in Wellington, reports on Gary Born’s recent visit to New Zealand, in which he advanced his proposal for a bilateral arbitration treaty and shared recollections of acting on the Rainbow Warrior case of the 1980s, which concerned the sinking of a Greenpeace vessel in Auckland Harbour.