GAR Volume 9 - Issue 3
Watchdogs or bloodhounds - Is it an arbitrator’s role to sniff out corruption?
GAR Live debate: Does arbitrating in London bring nasty surprises? * ICCA 2014 in Miami
A session at GAR Live London considered whether arbitrators have a duty to investigate suspicions of corruption in a case even if neither side has raised the issue, and whether they are entitled to adjust the burden or standard of proof when considering such allegations. Douglas Thomson reports
This April saw a clash of worlds in Miami, as fans of Canadian pop star Justin Bieber and devotees of international arbitration gathered there for “spring break” and the ICCA Congress, respectively
After a provocative article in GAR described English law as a poor choice for international arbitration, a panel at GAR Live debated whether parties should think again before opting for London as seat.
Two years after his controversial keynote address at ICCA in Singapore, the city state’s chief justice, Sundaresh Menon, gave a “report card” in Miami on arbitration’s progress and suggested that its future development will mainly be the product of “evolution rather than revolution”.
US arbitrator Stephen M Schwebel opened the ICCA Congress in Miami yesterday with a defence of investment treaties, calling them a “profoundly progressive development” that should be nurtured. Kyriaki Karadelis reports
The Santiago Court of Appeals has confirmed that domestic procedural rules do not apply to international arbitrations seated in Chile and that foreign lawyers can appear in such cases. Andrés Jana and Rodrigo Gil of Bofill Mir & Álvarez Jana in Santiago, counsel to the winning side in the court proceedings, report
Jonathan Hamilton, head of Latin American arbitration at White & Case, and associate Charles Rosenberg consider the use of trade preference programmes to encourage Argentina and Ecuador to comply with investment treaty awards.
Far from encouraging unmeritorious claims, arbitration funders turn down the majority of cases they’re asked to finance. James Delaney, director of London-based funding broker The Judge, explains the mistakes to avoid when applying for funding.
The Singapore International Arbitration Centre’s inaugural congress featured almost as much discussion of the city-state's new international commercial court and mediation centre as of arbitration. Sapna Jhangiani and Nelson Goh, legal director and associate at Clyde and Co Clasis Singapore, report
Matthew Weiniger QC and Iain Maxwell, partner and of counsel at Herbert Smith Freehills in London, consider a recent ICSID award in favour of Turkey, which concluded that the actions of a state-owned company were not attributable to the respondent state and could not therefore give rise to a successful BIT claim.
A roundtable event in Frankfurt considered public perception of investor-state arbitration in Germany in light of EU-US treaty negotiations and heard a keynote address from ICSID’s secretary general. Max Stein of Norton Rose Fulbright reports
The lawyers who advised BG Group and Argentina in their recent skirmish before the US Supreme Court reconvened at the ICCA Congress in Miami to ‘relitigate’ the dispute. Kyriaki Karadelis reports
An ICCA dialogue on the New York Convention in Manama brought together judges from the appeal and cassation courts of 13 Arab countries and came up with recommendations to improve the recognition and enforcement of arbitral awards in the Arab World.
George Kahale III of Curtis Mallet-Prevost Colt & Mosle has used a keynote speech to criticise investment treaty arbitration as a “seriously flawed” system in need of a complete overhaul.
Columbia Law School’s fifth annual Arbitration Day explored the interactions between commercial and investment treaty arbitration and national courts, including the recent BG v Argentina decision. Adam Moss, on behalf of the Columbia International Arbitration Association, reports
Editors: Julian Lew QC, Harris Bor, Gregory Fullelove and Joanne Greenaway.
Publisher: Wolters Kluwer Law and Business, 2013.
Reviewed by Luca Radicati di Brozolo, partner at Radicati di Brozolo Sabatini in Milan and professor at the Catholic University of Milan
Editor: Chester Brown.
Publisher: Oxford University Press, 2013.
Reviewed by Christoph Schreuer, professor emeritus at the University of Vienna