GAR Volume 10 - Issue 3

Italy’s ECT exit • Is it time to rename issue conflicts? • GAR Live visits São Paulo, Washington and London

Features

Eventful times: GAR Live São Paulo, 19 March

GAR Live events continue to coincide with major upheavals around the world, with our most recent events taking place against the backdrop of anti-corruption protests in Brazil, political wranglings in the US over two planned multilateral trade deals, oil price volatility and the UK general election.

Eventful times: GAR Live BITS, Washington, DC, 27 April

In Washington, DC, a city devoted to politics, bilateral investment treaties and the institution of investor-state dispute settlement have gained an unprecedented amount of political attention in recent times. Hence it was the perfect venue for our first themed GAR Live devoted to discussion of bilateral investment treaties.

Eventful times: GAR Live Energy, London, 6 May

GAR Live Energy Disputes in London on 6 May was our first event with an industry-specific focus, held in the wake of a drop in crude oil prices from around US$80 to US$50 per barrel at the start of the year (although they have since bounced back a little). Alison Ross, Kyriaki Karadelis and Lacey Yong report from London

Eventful times: GAR Live London, 7 May

Scanning the packed room of GAR Live London on 7 May, US arbitration specialist David Hesse, partner at Curtis Mallet-Prevost Colt & Mosle, wondered whether the outcome of the UK general election that day could be predicted from the colour of delegates’ ties: “I think I see more blue ties than red,” he said.

Marriott honoured at GAR dinner

A key figure in the development of international arbitration in England, Arthur Marriott QC, was honoured with a lifetime achievement award at a GAR dinner in London on 7 May.

Global Briefing

MONEY COLUMN: Winning isn’t everything

Mark Kantor, an international arbitrator based in Washington, DC, considers the award on costs in the UNCITRAL case of European Investment Bank AG v the Slovak Republic which saw the state’s taxpayers held liable for nearly €4.2 million in legal and expert costs despite the success of their jurisdictional arguments. How did this come about?

UK ELECTION SPECIAL: The implications of a possible EU exit if Cameron wins a second term

With the UK election looming next week, Herbert Smith Freehills partner Andrew Cannon and arbitration practice manager Hannah Ambrose consider David Cameron’s commitment to a referendum on a UK exit from the European Union if he is re-elected, and the implications such an exit would have for London as a seat of arbitration and the arbitration market.

Which law governs the agreement to arbitrate?

Vivekananda N and Ankit Goyal of Allen & Gledhill in Singapore examine how courts in different jurisdictions have addressed the question of which law governs an arbitration agreement where the parties have failed to specify one.

Conference Reports

BRITISH VIRGIN ISLANDS: Preparing to host arbitrations

As a part of the effort to diversify the British Virgin Islands’ financial services industry, policymakers have implemented legislation aiming to make it a leading jurisdiction for international arbitration. Kenneth Silva, a journalist in the territory, reports on a conference in which delegates discussed what more needs to be done and the BVI's chances of capturing a share of the disputes arising from US-Cuba trade.

Cherie Blair QC on being beaten to a job by Tony

Cherie Blair QC – an arbitration specialist and wife of the UK’s former prime minister Tony Blair – has called for more gender parity in law, telling an audience in New York how she was beaten to a job as a barrister by her husband despite being the better lawyer of the two.

DAR ES SALAAM: A focus on East Africa

A conference in the Tanzanian capital attracted delegates from Burundi, Ethiopia, Kenya, Mauritius, Nigeria, Rwanda and Uganda as well as from Tanzania itself. Elodie Dulac of King & Spalding in Singapore, Elizabeth Karanja of J Miles & Co in Nairobi and Leyou Tameru, visiting foreign consultant at Wilmer Pickering Hale and Dorr in London – all members of the organising committee – report.

Doug Jones on “challenges ahead”

In a speech in Kuala Lumpur to mark the centenary of the Chartered Institute of Arbitrators, Doug Jones spoke about the new competition to arbitration offered by mediation and specialised courts and warned that the reputation of commercial arbitration may be tainted by the controversy over investor-state dispute settlement.

GENEVA: The role of counsel in document production

A “Swiss Chalet Debate” organised by ICDR Young & International considered the difficulties faced by arbitral tribunals in deciding on sanctions against counsel for conduct relating to document production. Dorothee Schramm, partner at Sidley Austin in Geneva, reports

Hong Kong summit focuses on south-south trade

A joint ICCA-HKIAC summit in Hong Kong considered how emerging economies and south-south trade are changing the face of international arbitration.

LONDON: Contributing to the rule of law and good governance in emerging markets

In connection with the recent Global Law Summit in London to mark the 800th anniversary of the Magna Carta, Allen & Overy hosted a briefing on carrying out business in emerging markets and the associated trends in dispute resolution. In light of that briefing, Michael Young and Tim Wood of Allen & Overy report on the impact of international arbitration on the rule of law and good governance in emerging markets.

MOSCOW: Are Asian institutions the answer for parties affected by sanctions?

A conference last month considered the reform of arbitration in Russia and challenges to arbitrating in traditional western forums as a result of EU and US sanctions against the state. Anna Grischenkova of KIAP reports.

WASHINGTON, DC: A focus on corruption

The latest conference hosted by the Institute for Transnational Arbitration and the American Society of International Law considered approaches to allegations of corruption in international arbitration. Noah Mink of Baker Botts in Washington, DC, reports.

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