GAR Volume 1 - Issue 6
A new dawn for Stockholm?
New SCC Rules - Challenges to sitting arbitrators compared - Issue conflicts
Features
Challenges: Theirs is to reason why
David Hacking of Littleton Chambers says it is time all major arbitral institutions gave reasons when deciding challenges to serving arbitrators
Finance agreements: A practical approach to options to arbitrate
Philip Clifford, partner, and Oliver Browne, associate, at Latham & Watkins in London explain the pitfalls of unilateral options to arbitrate, and how to avoid them
Indian arbitration at a crossroads
India faces a choice, say Aloke Ray and Dipen Sabharwal at White & Case: revive the spirit of the 1996 act, or see a return of the 1940 law
Investment rights in Southeast Asia: ASEAN arbitration
Barry Garfinkel, of counsel, and Timothy G Nelson, counsel, at Skadden Arps Slate Meagher & Flom LLP in New York compare arbitration under the ASEAN agreement with better known forms of treaty arbitration
Partiality and issue conflicts
Fear of issue conflicts cannot be allowed to chill the exchange of ideas, say Matt Gearing, partner, and Anthony Sinclair, associate, both members of the international arbitration group at Allen & Overy LLP
POLAND: Eureko may test Polish courts
Tomasz Wardynski, of Wardynski & Partners, sees enforcement, rather than settlement, as the likely outcome of Eureko
Stockholm comes in from the cold
The institute in Stockholm is shedding some of its Swedishness in a bid to attract international work. David Samuels and Julius Cavendish report
Sweden's arbitration powers
Plenty of domestic work gives size to Sweden’s leading arbitration practices, says Julius Cavendish. He hears what different groups have to say
The SCC's new Rules
The Arbitration Institute of the Stockholm Chamber of Commerce spent 2006 revising its arbitration rules. Kaj Hobér, partner, and William McKechnie, associate at Mannheimer Swartling, outline the key changes in the new rules, which apply from 1 January 2007
Community News
Allen & Overy recruits in New York
Allen & Overy LLP has poached another O’Melveny & Myers LLP arbitration specialist, hiring Dana MacGrath as senior counsel in New York. MacGrath joins O’Melveny & Myers’ former international arbitration co-chair Benno Kimmelman at Allen & Overy
Borda & Quintana hires arbitration partner
Mexican energy and telecoms boutique Borda y Quintana SC has appointed Julian Treviño as a partner. The arbitration specialist joined the firm on 1 November
Chong ditches Denton for DLA Piper
International dispute resolution partner Philip Chong has left Denton Wilde Sapte LLP to join DLA Piper LLP in London. Chong joined as partner on 4 December
Cleary Gottlieb makes Emanuele partner
Cleary Gottlieb Steen & Hamilton LLP has promoted international arbitration specialist Ferdinando Emanuele to partner in its Rome office. Emanuele is one of 14 promotions, which will start on 1 January 2007
IBA subcommittee appoints new chairs
The investment treaty arbitration subcommittee has appointed Kaj Hobér as chair and Abby Cohen Smutny as vice chair
Margrete Stevens joins US firm
Margrete Stevens is leaving ICSID for King & Spalding LLP. Stevens handed in her notice to the secretary general on 7 November
Olswang poaches from Salans
UK law firm Olswang has poached a lawyer from within Salans LLP’s well-regarded international arbitration practice
Reichert moves to Brick Court
International arbitrator and counsel Klaus Reichert left Littleton Chambers to join Brick Court Chambers as a door tenant, as of 1 December
Shearman hires NAFTA specialist
Investment arbitration specialist Mark McNeill is joining Shearman & Sterling LLP’s Paris office. He has been counsel at the NAFTA Arbitration Division of the Office of the Legal Advisor of the US Department of State for four years.
Global Briefing
BRAZIL: arbitration law turns 10
Flavio Augusto Picchi, a sole practitioner from Sao Paulo, reports
BRAZIL: state-owned companies are bound by arbitration clauses
Arnoldo Wald of Wald e Associados Advogados* reports on two recent decisions from Brazil’s highest civil court
Brussels upholds Eureko award
An arbitral tribunal at the Brussels Court of First Instance has rejected the government of Poland’s attempt to set aside a partial award issued in a dispute with Dutch insurance holding company Eureko
Eni launches ICSID claim
Eni Dacion has requested arbitral proceedings at the International Centre for Settlement of Investment Disputes in Washington, DC, against the government of Venezuela. The claim arises from the nationalisation of the Dacion oil field
Hungary loses ICSID arbitration
The Republic of Hungary has been hit with an award of over US$80 million by a tribunal at the International Centre for Settlement of Investment Disputes in Washington, DC. Hungary has already paid the award
ICSID panel limits documents disclosure
An ICSID tribunal has told Biwater Gauff (Tanzania) and the United Republic of Tanzania to be more careful about what documents they are releasing, in a new ruling on confidentiality
LUKOIL wins right to buy shares
Russia’s largest oil company, LUKOIL, has been awarded the right to buy half of the Turgai joint venture project from PetroKazakhstan
Nomura and Czech Republic drop claims
Multi-billion dollar arbitration cases arising from IPB Czech Bank’s collapse have been dropped
Shell launches IP claim against Nicaragua
Shell Brands International and Shell Nicaragua, subsidiaries of Shell Petroleum, have launched arbitration against the government of Nicaragua for expropriation of intellectual property
South Africa upholds ICC award
The Supreme Court of South Africa has upheld an International Chamber of Commerce award in a case, making headlines in South Africa
THE MONEY COLUMN: Lawful or Unlawful expropriation - do subsequent benefits accrue?
Mark Kantor, a Washington DC attorney and member of Global Arbitration Review’s editorial board, explains why a treaty panel opted to use a different valuation method in a case against Hungary
TREATY ARBITRATION AND INVESTMENT DISPUTES: Preservation and production of evidence
Matthew Weiniger and Matthew Page, of Herbert Smith LLP, report on an attempt to force a state to produce evidence under its direct control
Corporate Counsel
CORPORATE COUNSEL: Dean Marchant Moesser
Name: Dean Marchant Moesser
Age: 46
Company: Duke Energy
Title: Associate general counsel – litigation
Age: 46
Company: Duke Energy
Title: Associate general counsel – litigation
Interviews / Q&A
Interview with Ulf Franke
Ulf Franke is the first – and so far only – secretary general of the Arbitration Institute of the Stockholm Chamber of Commerce. Julius Cavendish asks him about the changes he’s seen and his plans for the future
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