12 August 2020
Responding to a recent GAR article on the value of requiring direct evidence to support allegations of illegality against an investor, Squire Patton Boggs partners John Branson and Raúl Manon argue that tribunals should be prepared to rely on “red flags” to make reasonable inferences about corruption when direct evidence is unavailable.
27 July 2020
Stevens & Bolton partner Catherine Penny and associate Andrew Reid look at the history of frustration under English law, arguing that it had its high water mark during the economic and social instability of the post-war years and may be similarly stretched as a concept in the unprecedented circumstances of the coronavirus pandemic.
23 July 2020
Stéphane Bonifassi and Elena Fedorova of Bonifassi Avocats in Paris argue that the Swiss, French and UK courts’ different treatment of an ICC award against Alstom highlights the need for more uniformity in the approach to corruption allegations in international arbitration.
17 July 2020
In a keynote speech, Justin D'Agostino looked at the practical and ethical challenges of moving hearings online in response to the coronavirus pandemic but argued that the community will overcome these and that the use of technology will improve international arbitration.
15 July 2020
For parties conducting arbitration in the wake of the covid-19 pandemic, the potential insolvency of an award debtor will become a real concern. International arbitration and restructuring lawyers from Vinson & Elkins explain why it is crucial to consider the interaction between arbitration and insolvency laws and the different policy concerns underlying them.
13 July 2020
Following Gazprombank’s recent threat to pursue a claim against Belarus over actions taken in a controversial and politically sensitive money-laundering investigation, Nikhil Gore and Amanda Tuninetti of Covington & Burling highlight the value of investment tribunals requiring direct evidence to support a state’s allegations of corruption and illegality against an investor.
08 July 2020
As the EU opens a public consultation on intra-EU investment protection, Paschalis Paschalidis of Shearman & Sterling argues that investors and other stakeholders should seize the opportunity to put forward constructive criticisms of the existing EU legal framework and suggest potential improvements.
06 July 2020
Tarek Eltumi and Mahmud Sawan of Eltumi & Co, a Libyan law firm with offices in Tripoli and London, consider Libyan law perspectives on the attribution of liability to the state and its administrative entities in arbitration and the challenges of enforcing against them.
15 June 2020
Nicholas Peacock and Jake Savile-Tucker of Herbert Smith Freehills consider 10 years of emergency arbitration proceedings at the Stockholm Chamber of Commerce.
07 May 2020
Ila Kapoor and Shruti Sabharwal of Shardul Amarchand Mangaldas & Co consider whether the Indian Supreme Court’s recent refusal to enforce a foreign award on public policy grounds has turned the clock backwards.