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Commercial Arbitration

EDF faces ICC claim over German power company purchase

EDF faces ICC claim over German power company purchase

Premium article - 06 June 2012

Shearman & Sterling and Cleary Gottlieb Steen & Hamilton are defending EDF against a €2 billion ICC claim over the sale of its controversial stake in German utility Energie Baden-Württemberg (EnBW) to the southern German state after which it is named.

Children of the revolution

Children of the revolution

Premium article - 27 April 2012

Three decades after it was set up to defuse the Iranian hostage crisis, the Iran-United States Claims Tribunal in The Hague is still arbitrating cases worth tens of billions of dollars. Sebastian Perry charts its impact on a generation of practitioners.

KPMG alleges Roschier conflict

KPMG alleges Roschier conflict

Premium article - 11 April 2011

Audit firm KPMG is seeking to overturn a Swedish arbitral award on the ground that the arbitrator it appointed to hear the case - a partner at Roschier in Stockholm - had a conflict of interests.

LCIA tribunal rules on Iraqi oil dispute

LCIA tribunal rules on Iraqi oil dispute

Premium article - 08 October 2010

Norwegian oil company DNO will have to pay up to US$75 million to an American ex-diplomat and a Yemeni businessman in a dispute over revenues from its Iraqi oil operations, according to the decision of an LCIA tribunal.

Swedish Court overturns Russian award for lack of notice

Swedish Court overturns Russian award for lack of notice

Premium article - 10 May 2010

The Swedish Supreme Court has refused to enforce an award in favour of a Russian company on the grounds that the respondent was not given proper notice of the arbitration.

Arbitrator disqualified amid confidentiality concerns

Premium article - 19 February 2010

A US court has disqualified an arbitrator from proceedings after ruling that he might prove unable to disregard his knowledge of a confidential earlier case he arbitrated featuring the same parties.

French court partially set aside ICC award for violating due process

Premium article - 17 February 2010

An ICC award rendered by well-known arbitrators has been partially revoked in Paris after the court found that the panel made its decision based on the Austrian legal principle of Geschäftsgrundlage, a concept not invoked by either party.

The ICC under scrutiny -  An interview with Jason Fry

The ICC under scrutiny - An interview with Jason Fry

Premium article - 28 October 2009

The past year has seen a host of changes at the ICC – from extra case-management teams and a branch in Hong Kong to the rules revision process and the controversial statement of availability forms. In a wide-ranging interview, Jason Fry describes the changes he has implemented and reveals others that are on the agenda.

Chinese court enforces mainland ICC award

Premium article - 14 October 2009

In a welcome break with past practice that may, even so, prove short-lived a Chinese court has agreed to enforce an award from an ICC arbitration heard on the mainland.

HONG KONG AND SINGAPORE: Court upholds mix-and-match clauses and punish wasteful challenges to awards

Premium article - 02 September 2009

Singapore’s highest court has upheld a clause that provided for ICC arbitration at the SIAC in a decision that offers more proof that some Asian courts are clamping down on strategic behaviour by losing sides. Richard Hill (partner) and Jessica Fei (counsel) of Fulbright & Jaworski LLP in Hong Kong report and offer comment