GAR Volume 9 - Issue 6
The umbrella cause - What the protests mean for Hong Kong as a seat
Malaysia prevails against Singapore over railway land Coverage of GAR Live Hong Kong and New York
Pro-democracy protests replaced more familiar topics as a talking point at Hong Kong Arbitration Week and GAR Live. Alison Ross reports on how the interests of protesters and lawyers are to a large extent aligned and how the protests have been greeted as confirmation of the rule of law in Hong Kong. [This article, which concerns developing events, was written in early November.]
Which are the most innovative and disappointing jurisdictions in Asia when it comes to international arbitration; and what have been the most important decisions and institutional developments in the region in the past year? GAR Live delegates shared their views. Douglas Thomson reports.
The GAR Live Hong Kong debate was on the role of expert witnesses in international arbitration, with one side seeking to convince a sceptical audience that the party appointment of experts should be abandoned. Douglas Thomson reports.
As Apple launched the state-of-the-art iPhone 6 at its flagship New York store in September, a GAR Live panel just a few blocks down Fifth Avenue was examining innovations to make arbitration smarter. Kyriaki Karadelis reports.
A US federal judge at GAR Live New York discussed recent example of court support of arbitration in the US, as well as a controversial requirement that courts must have personal jurisdiction over a corporation for enforcement purposes. Kyriaki Karadelis reports.
Parties involved in disputes in mainland China can face unwanted surprises in the absence of a carefully drafted arbitration clause. Stephen Wong of Haibu Attorneys-at-law in Shenzhen and Alfred Wu of Fried Frank Harris Shriver & Jacobson in Hong Kong explain the mainland courts’ approach to challenges to an arbitration agreement’s validity.
Christopher Seppälä, partner at White & Case in Paris, reports on a Singapore High Court decision that will help facilitate the cash flow of contractors in the construction industry.
Mark Kantor, a Washington, DC-based arbitrator, considers how the compensation awarded to the former majority shareholders in Yukos in its arbitrations with Russia came to be reduced by 25 per cent.
In two recent cases, English courts granted a worldwide freezing injunction against a Zambian company with no assets in the UK and refused to continue a UK freezing injunction against a Nigerian company that had assets in the country. Oliver Elgie, senior associate at Herbert Smith Freehills in London, reports.
In the first Lalive lecture since the passing of Pierre Lalive, Gary Born highlighted the difference in performance between what he termed first- and second-generation tribunals. Julian Wyatt, an associate at Lalive, reports.
A gathering at South Korea’s Jeju Island, in the foothills of a network of dormant volcanos and lava tubes that form a UNESCO World Heritage Site, marked the launch of the Korea-Japan International Arbitration Forum. Joongi Kim, professor at Yonsei Law School in Seoul, reports.
Gavan Griffith QC, the former solicitor-general of Australia and a prominent international arbitrator, talked about the ongoing Australian debate about investor-state dispute settlement (ISDS) clauses at the Melbourne Commercial Arbitration and Mediation Centre. Melbourne-based barrister Eugenia Levine reports
German-American international arbitration specialist Richard Kreindler addressed an audience at the recently established Seoul International Dispute Resolution Center on the subject of interim measures. BC Yoon, partner at Kim & Chang and secretary general of the Seoul International Arbitration Centre, reports.