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Tapie: the end of the affair

Thursday, 30 June 2016

Bernard Tapie

France’s highest court has upheld the annulment of a controversial arbitral award in favour of businessman Bernard Tapie, ruling that the award was procured by “fraudulent collaboration” between him, his counsel and one of the arbitrators.

The Croatia and Slovenia show will go on

Thursday, 30 June 2016

The disputed bay, photographed from Slovenia

UPDATED. A sea and land boundary dispute between Croatia and Slovenia that was thrown off course by an arbitrator’s ex parte communications will continue, the recomposed tribunal ruled today.

Simpson Thacher co-head to pursue arbitrator (and basketball) ambitions

Thursday, 30 June 2016

Rob Smit

After 30 years at Simpson Thacher & Bartlett and 10 years leading the international arbitration practice, New Yorker Robert Smit retires from the firm today to establish a practice as an arbitrator, among other activities.

Clifford Chance hires from Simpson Thacher

Thursday, 30 June 2016

Janet Whittaker

Janet Whittaker, a former legal counsel at ICSID, has joined the US partnership of Clifford Chance in Washington, DC, after over a decade at Simpson Thacher & Bartlett.

SIAC’s new rules go live

Thursday, 30 June 2016

The rules go live tomorrow, 1 July, and take effect on 1 August

After providing a first glimpse of its new rules at GAR Live in May, the Singapore International Arbitration Centre will tomorrow publish the finalised version online, with a month to go before they take effect.

A change of direction for Saudi Arabia?

Wednesday, 29 June 2016

Riyadh

UPDATED. In a development hailed as signalling a change of direction for Saudi Arabia in the wake of new arbitration and enforcement laws, a court in Riyadh has confirmed that a US$18.5 million ICC arbitral award will be enforced against a Saudi-domiciled debtor.

Blurred nationalities complicate investor-state disputes, says UN body

Wednesday, 29 June 2016

Many corporations have "passports" or links to three or more jurisdictions, causing confusion about their nationality

The United Nations Conference on Trade & Development has released its 2016 World Investment Report, exploring how investor-state disputes are affected by corporations and investors with ambiguous nationalities, among other matters.

Miles: let's commit to combat climate change

Wednesday, 29 June 2016

The ice is melting

In this year's Proskauer Lecture in New York, Wendy Miles QC addressed how the system and day-to-day practice of international arbitration can help to combat climate change.

No sanction for late evidence against Cape Verde, Fernández-Armesto rules

Wednesday, 29 June 2016

A plane in Cabo Verde Airlines' fleet

A claimant did not act unethically by making late submissions in a Permanent Court of Arbitration case against Cape Verde, according to Spanish sole arbitrator Juan Fernández-Armesto in an award being considered for enforcement in Washington, DC.

GE enforces, but not against “alter egos”

Tuesday, 28 June 2016

Alter egos

A US court has confirmed a US$476 million award in favour of a General Electric subsidiary but has refused to allow enforcement against the debtor company’s Chinese CEO or alleged alter ego companies that weren’t parties to the arbitration.

ICC begins publishing arbitrator names

Tuesday, 28 June 2016

Who's who?

For the first time in its 93-year history, the ICC International Court of Arbitration has begun disclosing the composition of its tribunals – calling it a “major step forward” for transparency in arbitration.

Alstom award enforced against non-signatory

Tuesday, 28 June 2016

The Alunorte alumina refinery in Brazil

A New York court has confirmed an ICC award in favour of French power group Alstom, which held that a Brazilian subsidiary of Japanese insurer Mitsui Sumitomo was bound by an arbitration agreement it had not signed.

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