11 July 2018
High-profile attachments obtained by Moldovan creditors against billions of dollars in Kazakh state assets highlight the importance of choosing the right enforcement strategy, say partner Deborah Ruff and counsel Julia Kalinina Belcher of Pillsbury Winthrop Shaw Pittman in London.
11 July 2018
In light of the recent decision of the English Court of Appeal in RBRG Trading v Sinocore, Watson Farley Williams partner Andrew Hutcheon and associates Nick Payne and Edward Cohen consider the scope to resist enforcement of arbitration awards on public policy grounds, particularly under English law.
25 June 2018
In a paper first presented at the ICCA Congress in Sydney, Constantine Partasides QC has noted the “tidal wave” of transparency sweeping through investor state arbitration and suggested it would be no bad thing if it swept through commercial arbitration too.
30 May 2018
Responding to concerns about the potential effects of the new EU data protection law on international arbitration, Hilary Heilbron QC of Brick Court Chambers says there are reasons to be hopeful about its impact in the UK.
29 May 2018
Kathleen Paisley, partner at Ambos Law in Brussels, explains why the European Union’s new data protection law poses challenges for international commercial arbitration that can be effectively managed if addressed early in the proceedings, and provided arbitration’s unique characteristics are adequately reflected when regulators apply the new law.
23 May 2018
As Japan seeks to internationalise its arbitration offering ahead of the 2020 Olympics, four Tokyo-based practitioners, Yoshimasa Furuta, Tony Andriotis, Yuki Sakioka and Michael Mroczek, argue that more certainty is needed on whether foreign lawyers can act as arbitrators and arbitration counsel if the country is to become a sought-after seat.
29 March 2018
In an article that has been nominated for a GAR award for innovation, Abu Dhabi-based practitioner John Gaffney has questioned whether arbitration rules should require full and frank financial disclosure by the parties at the early stages of an arbitral proceeding.
14 March 2018
At a launch event in The Hague, the authors of a new book pitched their ideas for addressing recent criticisms of investor-state dispute settlement by enhancing the ability of host states and their nationals to bring arbitration claims relating to investment projects. Duncan Pickard, assistant legal counsel at the Permanent Court of Arbitration, reports.
09 March 2018
In a speech in Atlanta, ICC International Court of Arbitration president Alexis Mourre has argued that trust in arbitration “rests on the reliability and legitimacy of arbitral institutions” and that they need to cooperate more effectively.
08 March 2018
In a development that looks set to further increase scrutiny and criticism of arbitration in the US, president Donald Trump has been accused by adult film star Stormy Daniels of initiating a “bogus” proceeding as part of an attempt to silence her about an alleged affair.