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New ICSID claim against South Korea

Friday, 22 May 2015

The South Korean flag

South Korea is facing a new ICSID claim from two Dutch subsidiaries of an Abu Dhabi oil and gas investment company, as hearings kick off in Washington, DC to determine US private equity fund Lone Star’s US$4.6 billion claim against the state.

Miculas face delay in US enforcement effort

Friday, 22 May 2015

The district court in DC

A judge in Washington, DC, has refused to allow the expedited recognition of a US$250 million ICSID award against Romania – a decision that highlights the lack of uniformity in US court procedure for enforcing such awards.

Nabarro hires from Clyde & Co in Singapore

Friday, 22 May 2015

Steven Lim

Nabarro has hired international arbitration specialist Steven Lim, formerly of Clyde & Co Clasis, as head of its Singapore office.

Are arbitrations over cartels on the horizon?

Thursday, 21 May 2015

The claim was brought by members of the pulp and paper industry against suppliers of hydrogen peroxide for cartel activity

UPDATED. Practitioners are split in their reading of a European Court of Justice ruling that has a bearing on the use of arbitration to settle claims for damages brought by victims of unlawful cartel agreements, albeit it is not addressed explicitly.

Fair and equitable treatment – the “kitchen sink” behind the ISDS controversy?

Thursday, 21 May 2015

Is the FET standard a kitchen sink for disparate causes of action?

A session of the first GAR Live devoted to discussion of bilateral investment treaties, held in Washington, DC last month, highlighted how much of the controversy surrounding investor-state dispute settlement is caused by the fair and equitable treatment standard included in most treaties.

A twist in the Jivraj v Hashwani tale

Thursday, 21 May 2015

Jivraj and Hashwani, who entered a hotel joint venture in 1981 and fell out just a few years later

The latest decision in a three-decade old dispute between Ismaili businessmen that gave rise to a UK Supreme Court judgment on whether arbitrators are subject to EU anti-discrimination law reveals that the arbitration clause that caused all the fuss had been superseded.

Energy sector needs special rules, says report

Wednesday, 20 May 2015

The cover of "Dispute Resolution in the Energy Sector: Initial Report" shows off some of Scotland's energy offerings

The Edinburgh-based International Centre for Energy Arbitration has published a report stating that existing arbitration rules are not meeting the procedural preferences of parties in commercial energy disputes and announcing plans to draft a specialised set of rules for the energy sector.

US courts refuse discovery in Panama Canal case

Wednesday, 20 May 2015

Construction Site of the Third Set of Locks Project in the Panama Canal

Two US courts have refused to grant discovery in aid of an ICC case involving the Panama Canal Authority, holding that section 1782 of the United States Code does not apply to private arbitrations.

Hong Kong lawyer to begin arbitrator practice in Singapore

Wednesday, 20 May 2015

David Bateson

David Bateson, who worked for King & Wood Mallesons and its predecessor firms in Hong Kong for 25 years, has left to become a full-time arbitrator based in Singapore.

Pro-ISDS group answers critics

Tuesday, 19 May 2015

The proposed Transatlantic Trade and Investment Partnership between the US and EU has been a focus for criticisms of ISDS

The European Federation for Investment Law and Arbitration has published a paper countering what it calls “myths” about investor-state dispute settlement.

Swiss practitioner joins Lévy Kaufmann-Kohler

Tuesday, 19 May 2015

Sebastien Besson

Geneva-based Sébastien Besson has left Python & Peter, where he was a partner for nearly 10 years, to join boutique firm Lévy Kaufmann-Kohler.

Dechert hires ex-Dewey lawyer in Dubai

Tuesday, 19 May 2015

Thomas Geuther

Dechert has hired litigation and arbitration specialist Thomas Geuther, a protégé of Arthur Marriott QC at Debevoise & Plimpton and Dewey & LeBoeuf, as national partner in its Dubai office.

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