GAR Volume 10 - Issue 3
Italy’s ECT exit • Is it time to rename issue conflicts? • GAR Live visits São Paulo, Washington and London
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.
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.
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
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.
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.
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?
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.
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.
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 – 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.
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.
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.
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
A joint ICCA-HKIAC summit in Hong Kong considered how emerging economies and south-south trade are changing the face of international arbitration.
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.
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.
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.