Premium article - 16 May 2012
An event in Cairo heard Karim Hafez spell out provocative criteria for arbitral appointments and Georges Abi-Saab criticise ICSID's procedure for deciding challenges.
Premium article - 16 May 2012
Judges must not be “stuck in national grooves” but apply their minds to the effective resolution of disputes by arbitration, said the Chief Justice of Mauritius at a recent New York Convention roadshow, while arbitrator Jan Paulsson said proper application of the instrument is “a way of giving power to citizens to make meaningful promises”.
Premium article - 10 May 2012
A recent conference in Atlanta heard conflicting views on the American Law Institute's Restatement Third of the US Law on International Commercial Arbitration – including concerns that it is a "Trojan horse" that seeks to legislate via the back door. Sebastian Perry reports
Premium article - 08 May 2012
The annual UNCITRAL and Vienna International Arbitration Centre (VIAC) conference in March included a discussion of the arbitrability of shareholder disputes in Model Law jurisdictions, developments in case law and institutions' experience of administering UNCITRAL arbitrations. Jarred Pinkston of Dorda Brugger Jordis in Vienna reports
Premium article - 04 May 2012
Irish barrister and arbitrator Arran Dowling-Hussey reports on a recent CIETAC event in Dublin at which representatives of the institution discussed the growth of its international caseload but mentioned nothing of a split.
Premium article - 13 April 2012
Sixteen arbitration specialists at this year’s Columbia Arbitration Day looked at the challenges that arise when arbitrating with a sovereign state – with a focus on investment treaty cases. The co-chairs of the conference, Columbia Law School students Diogo Ciuffo Carneiro, Marcela Cursino de Moura Levy, Paula Henin and Iuliana Iancu, report.
Premium article - 10 April 2012
Leah Harhay of Jones Day and Susan Franck of Washington & Lee Law School look back on the Institute for Transnational Arbitration's inaugural winter forum in San Francisco, which they co-chaired. The event considered three academic works in progress – on the role of the courts, the value of precedent and the appointment of arbitrators in international arbitration – and debated other key questions facing the arbitral community.
Premium article - 30 March 2012
Nearly 10 years after the first claim arising from Argentina’s debt default was filed, an ITA-ASIL event considered whether legal responses to political and economic crises have “reinforced or damaged the fabric of international law” and whether investor-state arbitration is an effective vehicle for addressing the fallout. Julia Peck, an associate at Hoguet Newman Regal and Kenney in New York, reports.
Premium article - 28 March 2012
Leading arbitrator Albert Jan van den Berg last week praised Brazil’s Superior Court of Justice (STJ) for its recognition and enforcement of international arbitration awards but encouraged judges to rely more explicitly on the New York Convention in their reasoning.
Premium article - 22 March 2012
The former Irish minister for justice, Dermot Ahern, spoke about the arbitration legislation he piloted through parliament in 2010 at a recent Chartered Institute of Arbitrators roundtable in Dublin. Barrister and arbitrator Arran Dowling Hussey reports on the event, which saw the act praised as a strong piece of law.