GAR Volume 3 - Issue 5
An interview with Pierre Lalive
West tanker - Swiss leading firms - Global briefing - 10 pages of latest cases
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
Do cultural factors influence a case's direction? Undoubtedly. Timothy Nelson (partner) of Skadden Arps Slate Meagher & Flom LLP in New York explains
The Swiss Arbitration Association is launching an annual prize to counsel for outstanding advocacy in international arbitration.
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.
The UN secretary general, Ban Ki-moon, has appointed Renaud Sorieul as the new secretary of UNCITRAL.
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.
Freshfields Bruckhaus Deringer has launched a dedicated international arbitration group in Washington, DC, with the relocation of its Latin America dispute resolution co-head.
A new arbitration centre focused on Chinese disputes has opened in Hamburg.
Two eminent French arbitrators and one of Salans' leading arbitration partners are launching an international arbitration boutique in Paris.
The Dubai International Financial Centre enacted a new arbitration law on 1 September.
The Chartered Institute of Arbitrators has drawn up a 14-point protocol for e-disclosure in arbitration.
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.
India has signed an agreement with the Permanent Court of Arbitration enabling the country to play host to future arbitral proceedings.
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.
The working group revising the UNCITRAL arbitration rules has reached agreement on the vexed topic of third-party joinder.
Switzerland's arbitration firms aren't quite what they used to be. By Sarah Dookhun.
Switzerland is becoming home base to a growing number of common law practitioners. By Sarah Dookhun.
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 has enjoyed a degree of success in the latest emergency measures arbitration to produce an award at ICSID.
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.
The BIICL investment treaty forum reviewed arbitrations under the Energy Charter Treaty recently. Felicity Harrison reports
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.
Bulgaria has defeated Plama Consortium Limited's claims in the first Energy Charter Treaty case to reach an award on merits at the ICSID.
Allen & Overy is representing a US citizen in an ICSID arbitration against Kazakhstan over oil exploration and production rights.
Some top panels debated this theme at an arbitration event in Moscow this summer. Ekaterina Kobrin (associate) of Baker & McKenzie, Moscow, reports
Singapore's High Court says arbitration between French and Chinese parties should continue, despite a clause that appears to mix and match arbitral institutions.
Bulgarian arbitrator Stanimir Alexandrov will chair the ICSID "tall ship" claim, brought by a German consortium against Ukraine.
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.
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.
In September, the Dubai International Finance Centre became an opt-in arbitration jurisdiction. Philip Punwar of Al Tamimi & Company reports
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
A Buenos Aires appeal court has said an arbitration clause applies only to foreseeable disputes. By the arbitration team of Beretta Godoy
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
A telecoms company has asked a US court to confirm a US$19 million award against Poland's national telecoms provider.
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".
Another unhappy infrastructure investor has begun arbitration against the Dominican Republic.
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.
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
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.
West Ham has vowed to go to the Court of Arbitration for Sport after an arbitral ruling that could cost it £30 million.
A tribunal has ruled that an ICSID claim over the removal of investment incentives in underdeveloped areas of Romania should proceed.
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
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
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.
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
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).
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)
An Indonesian province pursuing a claim at ICSID has called a halt to proceedings, before the topsy-turvy claim really got going.
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.
A case touted as one of the largest ever at the ICC has ended in defeat for ExxonMobil and Hunt Oil Company.
Author: Emmanuel Gaillard, Yas Banifatemi
Author: Hilary Heilbron
Company: SGS Société Générale de Surveillance SA
Title: International legal counsel
Title: General counsel and secretary of the board
Interviews / Q&A
Recently Global Arbitration Review had the pleasure of interviewing Professor Pierre Lalive on his career and challenges facing arbitration today.
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