GAR Volume 3 - Issue 5
An interview with Pierre Lalive
West tanker - Swiss leading firms - Global briefing - 10 pages of latest cases
Features
Comment on the advocate-general's opinion
The ECJ won't find the "right" answer in any source of law, says Daniel Kalderimis (senior associate) of Freshfields Bruckhaus Deringer. It should therefore reason from principle and policy. On this score, important arguments in favour of retaining anti-suit injunctions remain to be resolved
Loaded questions and arbitrator selection
Do cultural factors influence a case's direction? Undoubtedly. Timothy Nelson (partner) of Skadden Arps Slate Meagher & Flom LLP in New York explains
Community News
ASA launches advocacy prize
The Swiss Arbitration Association is launching an annual prize to counsel for outstanding advocacy in international arbitration.
Lateral hires span Europe
Sophie Lamb has joined the London office of Debevoise & Plimpton LLP after two years at Bird & Bird, where she was an equity partner. The firm also relocated international counsel Gaëtan Verhoosel from Paris to London on 1 September.
Sorieul succeeds Sekolec
The UN secretary general, Ban Ki-moon, has appointed Renaud Sorieul as the new secretary of UNCITRAL.
Swedish rules now available in Mandarin
Finn Madsen's commentary on Sweden's Arbitration Act and the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce has been released in Mandarin.
Blackaby launches Freshfields' DC practice group
Freshfields Bruckhaus Deringer has launched a dedicated international arbitration group in Washington, DC, with the relocation of its Latin America dispute resolution co-head.
Chinese-European Centre opens in Hamburg
A new arbitration centre focused on Chinese disputes has opened in Hamburg.
Derains-Gharavi-Lazareff launch boutique
Two eminent French arbitrators and one of Salans' leading arbitration partners are launching an international arbitration boutique in Paris.
DIFC adopts Model Law but UAE version still to come
The Dubai International Financial Centre enacted a new arbitration law on 1 September.
E-disclosure protocol released
The Chartered Institute of Arbitrators has drawn up a 14-point protocol for e-disclosure in arbitration.
Malaysia appoints ICSID arbitrators
Malaysia has appointed four Malaysians to ICSID's panel of arbitrators and conciliators. Cecil Abraham, Tan Sri Steve Shim, Tan Sri Siti Norma Yaakob and Vinayak Pradhan's appointments last until 2014.
PCA signs agreement with India
India has signed an agreement with the Permanent Court of Arbitration enabling the country to play host to future arbitral proceedings.
SIAC appoints new registrar
The Singapore International Arbitration Centre has appointed Minn Naing Oo as its new registrar. He took over from Sabiha Shiraz as the chief administrator of cases submitted to SIAC on 1 October.
UNCITRAL working group agrees on third-party joinder
The working group revising the UNCITRAL arbitration rules has reached agreement on the vexed topic of third-party joinder.
Surveys
The Swiss evolution
Switzerland's arbitration firms aren't quite what they used to be. By Sarah Dookhun.
Coming to Switzerland
Switzerland is becoming home base to a growing number of common law practitioners. By Sarah Dookhun.
Global Briefing
Advocate general takes dim view of West Tankers case
The European Court of Justice looks more likely to stop UK courts issuing anti-suit injunctions in support of arbitration following an opinion issued by Advocate General Kokott on 4 September.
Argentina escapes bulk of insurance company's claim
Argentina has enjoyed a degree of success in the latest emergency measures arbitration to produce an award at ICSID.
Argentine "necessity" defence to be re-examined
The only case in which Argentina successfully used a "necessity" defence against a utilities investor is to return to ICSID, after LG&E Energy applied to annul.
ENERGY CHARTER: Lawyers disagree over Plama
The BIICL investment treaty forum reviewed arbitrations under the Energy Charter Treaty recently. Felicity Harrison reports
French prosecutors dismiss warship probe
Taiwan's arbitration against defence company Thales over an arms scandal is set to continue, despite a decision by French prosecutors to drop parallel criminal proceedings.
Investor loses Bulgaria ECT case
Bulgaria has defeated Plama Consortium Limited's claims in the first Energy Charter Treaty case to reach an award on merits at the ICSID.
Kazakhstan faces second oil dispute at ICSID
Allen & Overy is representing a US citizen in an ICSID arbitration against Kazakhstan over oil exploration and production rights.
RUSSIA: AIJA event asks "Is Russia different?"
Some top panels debated this theme at an arbitration event in Moscow this summer. Ekaterina Kobrin (associate) of Baker & McKenzie, Moscow, reports
Singapore court okays "ICC rules administered by SIAC"
Singapore's High Court says arbitration between French and Chinese parties should continue, despite a clause that appears to mix and match arbitral institutions.
Tribunal constituted in tall ship claim
Bulgarian arbitrator Stanimir Alexandrov will chair the ICSID "tall ship" claim, brought by a German consortium against Ukraine.
Tribunal intervenes in sale of Indian telecoms firm
An arbitral tribunal has stopped Essar from selling a subsidiary to Telenor of Norway, in a deal that was being valued at US$2.5 billion.
Turkish power plant prompts ECT claim
Dutch company Alapli Elektrik has filed for arbitration against Turkey under the Energy Charter Treaty and the Netherlands-Turkey bilateral investment treaty, complaining about the neutralisation of a major power plant project.
UAE: New law opens way to DIFC
In September, the Dubai International Finance Centre became an opt-in arbitration jurisdiction. Philip Punwar of Al Tamimi & Company reports
Ukraine fails in challenge to Paulsson
Ukraine's attempt to disqualify arbitrator Jan Paulsson from its ICSID dispute with a US radio investor has been rejected by the other two members of the tribunal - Juan Fernández-Armesto of Spain and Jürgen Voss of Germany
ARGENTINA: Worrying decision on 'unforeseen' disputes
A Buenos Aires appeal court has said an arbitration clause applies only to foreseeable disputes. By the arbitration team of Beretta Godoy
CONSTRUCTION COLUMN: How do the UK's proposed changes measure up?
The UK recently proposed amendments to its scheme for "adjudication", John Bellhouse (partner) and Christopher Wong (associate) of White & Case compare those proposals with the position elsewhere
Court asked to confirm Polish telecoms award
A telecoms company has asked a US court to confirm a US$19 million award against Poland's national telecoms provider.
Court refuses Tembec challenge
A Canadian softwood lumber producer has failed to avoid a costs award arising from a NAFTA arbitration against the US, after a court said its challenge amounted to a "second bite of the apple".
Dominican Republic faces ICC claims over highway project
Another unhappy infrastructure investor has begun arbitration against the Dominican Republic.
Flats auctioned to pay Russian award
Franz Sedelmayer, the German businessman who has waged a one-man crusade against Russia over an unpaid award, may soon collect US$6.6 million via auction.
GERMANY: Y&I event - corporate counsel speak out
The first ICDR "young" event in Germany gave in-house counsel a stage on which to air concerns. Top of the list: unreliable time frames. James Boykin (associate) of Hughes Hubbard & Reed and Jan Schaefer (senior associate) of Allen & Overy, who served as moderators, report
Landis challenges Paulsson, Rivkin and Williams over non-disclosure
Cyclist Floyd Landis has accused three leading arbitrators of failing to disclose possible conflicts of interest before they considered his challenge to a drug ban in June.
London football club to appeal to CAS
West Ham has vowed to go to the Court of Arbitration for Sport after an arbitral ruling that could cost it £30 million.
Micula claim moves to merits phase
A tribunal has ruled that an ICSID claim over the removal of investment incentives in underdeveloped areas of Romania should proceed.
MONEY COLUMN: Carpe Petroleum Pecunia
A recent UK decision appears to make it easier to seize state oil revenue accounts in London - certainly compared to New York. Mark Kantor, Washington, DC attorney and a member of Global Arbitration Review's editorial board, reports
SWEDEN: Swedish Arbitration Day report
The Swedish Arbitration Association says it will host further arbitration days in Stockholm, possibly annually, after receiving gratifying comments about the first. By David Samuels
Telenor opposes Siberian judgment
Norwegian telecoms provider Telenor is resisting the enforcement of a Siberian court judgment, arguing that the beneficiary should instead join a pending arbitration in Geneva.
TREATY ARBITRATION: Continental Casualty: the state of necessity defence
The latest award on "necessity" shows how resistant the concept is proving to full capture. By Matthew Weiniger (partner) and Matthew Page (senior associate) of Herbert Smith LLP
UK: Dallah Real Estate v Government of Pakistan [2008] EWHC 1901 (Comm)
A UK judge recently refused enforcement of an ICC award, after deciding he was required by UK law and the New York Convention to rehear the evidence on jurisdiction. Andrew Savage (partner) and Patrick Angénieux (senior associate) of Watson Farley & Williams report (the authors acted for the government of Pakistan in this matter).
UK: Repudiation and Elektrim
Following Elektrim v Vivendi Universal, "the only way out of an arbitration agreement is to agree", say Patric McGonigal (associate director) and Eurof Lloyd-Lewis (associate) of Barlow Lyde & Gilbert LLP (the authors represented Elektrim in this case)
Unique ICSID case extinguished
An Indonesian province pursuing a claim at ICSID has called a halt to proceedings, before the topsy-turvy claim really got going.
US court confirms award on natural gas prices
A US court has confirmed that a Spanish company should receive a US$70 million refund from a Caribbean energy producer, after paying too much for liquefied natural gas.
Yemen wins
A case touted as one of the largest ever at the ICC has ended in defeat for ExxonMobil and Hunt Oil Company.
Book Reviews
Precedent in International Arbitration
Author: Emmanuel Gaillard, Yas Banifatemi
Price: $125
Publisher: Juris
Price: $125
Publisher: Juris
Practical Guide to International Arbitration in London
Author: Hilary Heilbron
Price: £130
Publisher: Informa
Price: £130
Publisher: Informa
Corporate Counsel
Nicolas Grégoire
Company: SGS Société Générale de Surveillance SA
Title: International legal counsel
Age: 30
Title: International legal counsel
Age: 30
Ramiro Villarreal Morales
Company: Cemex
Title: General counsel and secretary of the board
Age: 60
Title: General counsel and secretary of the board
Age: 60
Interviews / Q&A
Q&A with Professor Pierre Lalive
Recently Global Arbitration Review had the pleasure of interviewing Professor Pierre Lalive on his career and challenges facing arbitration today.
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