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


Watchdogs or bloodhounds: Is it an arbitrator’s role to sniff out corruption?

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

Arbitration “Beliebers”

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

“They want the Beatles; they get the Wombles”: Does arbitrating in London bring nasty surprises?

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.

Arbitration gets its report card

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”.

Schwebel opens ICCA Miami with defence of BITs

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

Global Briefing

CHILE: Space research body defeats set-aside bid

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

LATIN AMERICA: The intersection of investment and trade

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.

Mistakes to avoid when approaching third-party funders

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.

SINGAPORE: First SIAC Congress looks beyond arbitration

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

TREATY COLUMN: State ownership and power to control not enough for attribution

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.

Conference Reports

FRANKFURT: Investment arbitration – from the shadows into the spotlight?

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

ICCA replays BG v Argentina

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

Judges come together in Bahrain

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.

Kahale calls for overhaul of BIT system

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.

NEW YORK: When arbitrators and courts interact

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

Book Reviews

BOOK REVIEW: Arbitration in England with chapters on Scotland and Ireland

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

BOOK REVIEW: Commentaries on Selected Model Investment Treaties

Editor: Chester Brown.
Publisher: Oxford University Press, 2013.

Reviewed by Christoph Schreuer, professor emeritus at the University of Vienna

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