GAR Volume 5 - Issue 6
UK Supreme Court rules in Dallah v Pakistan
GAR Live – An attempt to predict the future - Global Briefing
Salim Moollan, a barrister at Essex Court Chambers in London, considers the crucial points in the UK Supreme Court decision in Dallah v Pakistan.
The UK Supreme Court has issued its first decision on the legal framework supporting international arbitration in Dallah v Pakistan – taking a tough line on the enforcement of New York Convention awards. Partner Ben Holland and senior associate David Bridge, of CMS Cameron McKenna in London, report on the judgment and its implications
With a high-risk, high-reward conference format, GAR went live for the first time on 21 October. Alison Ross, David Elward, Sebastian Perry and Tom Toulson report
Singapore has hogged the limelight recently but, as the Hong Kong International Arbitration Centre celebrated its 25th birthday in November, attention turned to what its more established neighbour has to offer. Alison Ross reports.
Kicking off the HKIAC 25th anniversary celebrations with this year’s Kaplan Lecture, Toby Landau QC drew on scientific research into the way the memory works to highlight the flaws in our approach to witness evidence.
Leading Hong Kong lawyers and judges say they are frustrated at the misconception that the handover of the territory to China in 1997 means it is not a neutral place to arbitrate, emphasising that the “one country, two systems” agreement is going strong.
In an eagerly awaited ruling on the workings of the New York Convention, the UK Supreme Court has declined to enforce an ICC award against the government of Pakistan
Panagiotis Drakopoulos, a senior partner at Drakopoulos Law Firm in Athens, analyses a Greek Supreme Court decision that favours international ADR.
"To what extent are legitimate expectations an integral part of the fair and equitable treatment standard?" ask two Herbert Smith practitioners, partner Matthew Weiniger in London and senior associate Francesca Albert in Moscow.
A new decision rendered by the Swedish Supreme Court on 12 November 2010 not only confirms that criticism of the decision in the so-called Titan case was completely justified, but also nullifies the negative impact that the former decision might have had on Sweden’s reputation as an arbitration friendly jurisdiction. Partner Hans Dahlberg and senior associate Pamela Lannerheim Angergård of Setterwalls in Stockholm report
Yuliya Chernykh, of Arbitrade Attorneys-at-law in Kiev, reports on the Ukrainian courts' remarkably speedy enforcement of two politically controversial arbitral awards against state gas company Naftogaz.
Masood Ahmed, a senior lecturer in law at Birmingham City University, considers the importance of the procedural law, or lex fori, in helping the courts to determine the applicable substantive law – or lex causae.
Alfredo De Jesús O, deputy secretary general of the Venezuelan Arbitration Committee, reports on an unprecedented court decision on arbitration that puts Venezuela in line with international best practices.
Lawyers at a conference in Ukraine this week responded to the negative feedback on Moscow in the recent White & Case survey with wildly differing assessments of Russia's arbitration regime.
An event in Paris explored jurisdictional issues arising in investment treaty arbitration – with reference to a variety of different perspectives and the ICSID Convention's travaux préparatoires.
King & Spalding partner Doak Bishop noted a liberalisation in the way we define an investor at the recent IAI conference in Paris, during a session devoted to personal jurisdiction issues in investment treaty arbitration.
At the Milan Chamber of Arbitration's annual conference last week, secretary general Stefano Azzali spoke of the need for greater cooperation between arbitral institutions in North Africa and their European neighbours.
At a seminar in Milan yesterday, Constantine Partasides of Freshfields Bruckhaus Deringer defended proposals for an ethical code for counsel in international arbitrations, saying it was time for transnational rules “with teeth”.
The 2010 Juris conference on 'Cross-Examination in International Arbitration', which took place in Vienna on 5 November, began with a self-described "recovering American trial lawyer" sharing the wisdom gained from his previous life and ended with a mock cross-examination that proved that continental lawyers do not lack the tenacity of their common-law brethren. Jarred Pinkston, of Graf & Pitkowitz in Vienna, reports.