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Conference Reports

GAR Live Dubai Lookback: - the (ab)use of experts in construction arbitration – where is the line between expert and advocate?

GAR Live Dubai Lookback: - the (ab)use of experts in construction arbitration – where is the line between expert and advocate?

19 November 2019

On the eve of this year’s GAR Live Dubai, we look back to 2018’s edition, and session three, in which Mark McNeill and panel tackled one of the great conundrums: why is it that reputable independent experts – who would never testify “contrary to their own conviction” nonetheless reliably end up producing work that favours the side who appointed them. What’s the alchemy at work, and can it be reformulated?

Is it easy, being Green?

Is it easy, being Green?

15 November 2019

At the ICC annual arbitration & ADR conference in London, attention turned to climate change and the launch of a “Green Arbitration” initiative – with a panel of arbitrators and counsel discussing the arbitration sector’s carbon footprint.

Counterclaims in investor-state arbitration

Counterclaims in investor-state arbitration

12 November 2019

A seminar organised by BIICL and DLA Piper explored counterclaims in investor-state arbitration, including the current position in case law, an analysis of Latvia’s BITs and predictions for the future. Elinor Thomas of DLA Piper in London reports.

Fear of the unknown – overcoming resistance to ‘new’ damages models

Fear of the unknown – overcoming resistance to ‘new’ damages models

08 November 2019

After the adoption of a "novel" damages model caused controversy in the Tethyan v Pakistan case, a panel at GAR Live Advanced Damages Workshop explored how best to make a tribunal comfortable with lesser-known models and asked whether labels such as "modern" might be counterproductive.

GAR Live Damages Workshop - in pictures

GAR Live Damages Workshop - in pictures

08 November 2019

Pictures for GAR Live Advanced Damages Workshop can be found here.

Fortier on the cola wars

Fortier on the cola wars

Premium article - 18 October 2019

At a lecture in Washington, DC, Canadian arbitrator Yves Fortier QC invoked the “cola wars” of the 1980s to argue that arbitration should resist calls to change the beloved formula that is the key to its success. Michelle Avrutin, JD student at American University Washington College of Law, reports.

London says farewell to Francisco Orrego Vicuña

London says farewell to Francisco Orrego Vicuña

Premium article - 10 October 2019

A symposium in London last week marked the one-year anniversary of the death of Chilean arbitrator Francisco Orrego Vicuña by celebrating his contribution to international law. Benjamín Silva, a visiting attorney at Baker Botts in London, reports.

GAR Live Vienna Lookback: is document production a waste of time?

GAR Live Vienna Lookback: is document production a waste of time?

Premium article - 07 October 2019

It’s often assumed common lawyers have an advantage over civil lawyers in any dispute that entails document production. But GAR Live Vienna 2018 heard it is in fact the common lawyer who really suffers at such times – and for whom engaging in discovery with a civil law opponent will be at best pointless and at worst self-sabotage.

Mourre warns against “nationalisation” of arbitration

Mourre warns against “nationalisation” of arbitration

Premium article - 13 September 2019

In a keynote address at GAR Live Istanbul, ICC International Court of Arbitration president Alexis Mourre called for arbitral institutions to safeguard their legitimacy by agreeing on internationally accepted standards of good governance – while warning of the dangers of recent attempts by governments to “nationalise” arbitration by promoting domestic institutions.

GAR Live Istanbul - in pictures

GAR Live Istanbul - in pictures

Premium article - 13 September 2019

Pictures from the 7th annual GAR Live Istanbul are now available.