GAR Volume 2 - Issue 2
More ECT Claims Brew
ICSID and ad hoc compared - Anti-suit injunctions - LatAm ICC roundtable
Features
Anti-suit relief - an imperfect world
Paul Mitchard, partner at Skadden Arps Slate Meagher & Flom (UK) LLP, considers the best place to seek an anti-suit injunction
Calculating damages under the ECT: the early awards
Two tribunals have grappled with assessment of damages under the Energy Charter Treaty.
Kaj Hobér of Mannheimer Swartling examines their findings
Kaj Hobér of Mannheimer Swartling examines their findings
Comparing ICSID and Ad hoc Treaty Arbitration: Will Changes in ICSID Senior Management Spur Changes?
A new survey comparing ICSID rules with others shows room for improvement for the Washington centre. Barry Appleton, of Appleton & Associates International Lawyers, explains the research
Gateways to the Energy Charter Treaty
Stephen Jagusch, partner, and Anthony Sinclair, associate, of the international arbitration group at Allen & Overy LLP address the notions of investment and investors that exist in the ECT
Life after Vis
Part of the Vis Moot is laying the foundation for a career. It is also about having a good time. Global Arbitration Review traces 10 past winners to ask which mattered more to them and what are they doing now. By Sarah Dookhun, with research by Felipe Poveda Pallacios
Power surge
Claims under the Energy Charter Treaty are on the rise. David Samuels explores why
Strategic choices under the ECT
David Herlihy and Bruce Macaulay of Skadden Arps Slate Meagher & Flom (UK) LLP explain how to maximise protection under the treaty by effective pre- and
post-investment planning
post-investment planning
Community News
Arbitration culture gathers pace in China
Three events from recent weeks show the growing importance of international arbitration to Chinese business.
DC boom continues as Arnold & Porter takes duo from rival
Arnold & Porter LLP has poached Paolo Di Rosa from Winston & Strawn LLP. Di Rosa was the Latin American arbitration practice head.
Finland designates six to ICSID
The government of Finland has designated six individuals to slots at the International Centre for Settlement of Investment Disputes.
Freshfields, Clifford Chance and Herbert Smith prosper in partner elections
2007 is proving vintage for new international arbitration partners.
ICC picks London for launch of 'time and cost' report
The International Chamber of Commerce has finally released its report on ‘Controlling time and costs in arbitration’. Symbolically, perhaps, it launched the report in London.
Investment arbitration moot launched
A new mooting competition has been launched to teach students about investment protections.
SJ Berwin adds London partner
Former SJ Berwin associate Justin Michaelson is rejoining as international arbitration partner.
Spanish club creates Venezuelan chapter
Spain’s Arbitration Club has founded its first non-Iberian chapter – in Venezuela. Details were concluded and announced in early April.
Roundtables
On your marks, get set ... stop: Latin American arbitration progress or more false starts?
Sebastian O’Meara hosted a roundtable for members of the ICC’s LatinAmerica group, past and present
Global Briefing
Armenian claim registered
ICSID has registered a US mining company’s arbitration claim against Armenia.
Bangladesh faces claim over courts
Bangladesh will have to answer to an ICSID tribunal over a judge’s interference in a commercial arbitration.
Briner to preside over Peru claim
An arbitral tribunal has been chosen in a multi-million dollar contract claim against the Republic of Peru.
CAFTA claims are go
The first-ever arbitrations under the DR-CAFTA have been launched. Both flow from unhappy privatisations.
EUROPE: Poland threatens to ignore Eureko ruling
Tomasz Wardynski, of Wardynski i Wspólnicy and a member of Global Arbitration Review’s editorial board, outlines developments in this high-profile dispute
INVESTMENT TREATY ARBITRATION: Tribunal finds expropriation
A recent award, Siemens v Argentina, offers a contemporary insight into the meaning of ‘expropriation’. Matthew Weiniger and Matthew Page, of Herbert Smith LLP, report
MONEY COLUMN: How much does fairness and equity cost?
Panels continue to differ on the appropriate standard for treaty-related compensation. Mark Kantor, a member of Global Arbitration Review’s editorial board and a Washington DC attorney, reviews some recent awards
NORTH AMERICA: US-style discovery extended to international panels
A US court has given one side of an international commercial arbitration access US discovery. Hagit Elul, of Hughes Hubbard & Reed LLP, explains how dicta from the Supreme Court support the bold ruling
Oxy tribunal constituted
A tribunal has been constituted in Oxy’s billion-dollar claim against the Republic of Ecuador. The respondent state failed to make a nomination.
Russia: Court denies recognition of international arbitral award
In May 2006, the Federal State Arbitrage Court of the north-western area of the Russian Federation denied recognition of an international arbitral award issued in 2004. Patricia Nacimiento and Oxana Peters, from Nörr Stiefenhofer Lutz, report
SABMiller loses Amstel rights
An international brewer has lost the right to make and sell Amstel lager in the lucrative South African market, following an arbitral tribunal’s ruling.
UK court favours a declaration over an injunction
A UK court has asked a court in Vermont to refuse a lawsuit because it is res judicata following a London arbitration.
US allows 1782 request for investment case
A US court is allowing a UK mining company to seek documents and testimony from a US citizen for use in an investment arbitration.
Uzbekistan panels constituted
The tribunals in two arbitrations brought by Newmont Mining against the Republic of Uzbekistan have recently been constituted.
Corporate Counsel
Corporate Counsel: Michael McIlwrath, GE Oil & Gas
Name: Michael McIlwrath
Age: 44
Company: GE Oil & Gas
Title: Senior counsel, litigation
Age: 44
Company: GE Oil & Gas
Title: Senior counsel, litigation
Interviews / Q&A
Q&A with Graham Coop
Graham Coop is general counsel of the Energy Charter Secretariat. Here he discusses its role, including the tracking of investor-state arbitrations under the ECT. He and colleagues explain how the charter’s constituency may enlarge
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