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Ideas and analysis

GAR Live London Lookback: is international arbitration at home in Big Law?

GAR Live London Lookback: is international arbitration at home in Big Law?

02 May 2019

Are the big global law firms falling out of love with international arbitration? And, if not, then why are international arbitration boutiques forming - and what role might third-party funding play in dictating whether the boutique or larger-firm model flourishes from here on? These questions formed the basis of last year’s GAR Live London Inquisition.

The HKIAC’s Russian permit: a game-changer for Russian M&A disputes?

The HKIAC’s Russian permit: a game-changer for Russian M&A disputes?

01 May 2019

As the Hong Kong International Arbitration Centre becomes the first foreign arbitral institution to be licensed to administer cases in Russia, Alexey Yadykin of Freshfields Bruckhaus Deringer in Moscow considers what it could mean for arbitration of Russian M&A disputes.

Achmea and commercial arbitration

Achmea and commercial arbitration

29 April 2019

John Gaffney, senior counsel at Al Tamimi & Company in Abu Dhabi, considers the implications of the Achmea judgment for international commercial arbitrations involving the interpretation or application of EU law.

Why the Swedish court decision in PL Holdings is consistent with Achmea

Why the Swedish court decision in PL Holdings is consistent with Achmea

24 April 2019

Stephen Fietta QC of Fietta in London and Robin Oldenstam of Mannheimer Swartling in Stockholm explain why a recent Swedish court decision upholding two intra-EU BIT awards relied on long-established rules of Swedish arbitration law and was consistent with the Achmea judgment.

What will the African Continental Free Trade Area mean for investment arbitration?

What will the African Continental Free Trade Area mean for investment arbitration?

23 April 2019

As the treaty establishing the African Continental Free Trade Area, or AfCFTA, is poised to come into force, Hogan Lovells partner Thomas Kendra, associate Thibaud Roujou de Boubée and trainee Claire Dumbill in Paris consider what it may mean for investment arbitration in the region.

Challenging awards on a point of law: is Singapore moving against the trend?

Challenging awards on a point of law: is Singapore moving against the trend?

18 April 2019

As Singapore announces it is considering allowing appeals of arbitration awards on a point of law, Kohe Hasan and Justine Barthe-Dejean, partner and associate at Reed Smith (in alliance with Resource Law) in Singapore consider whether such a reform would be a move in the right direction.

Kaufmann-Kohler on facilitating settlements

Kaufmann-Kohler on facilitating settlements

28 March 2019

Delivering the inaugural HKIAC Annual Lecture in Beijing, Gabrielle Kaufmann-Kohler proposed guidelines for settlement facilitation by arbitrators and considered Western and Eastern attitudes to the practice. Weina Ye, senior associate at Herbert Smith Freehills in Shanghai, reports.

Challenges to enforcement of foreign awards: recent cases from Indonesia

Challenges to enforcement of foreign awards: recent cases from Indonesia

19 February 2019

Andi Kadir and Bernard Sihombing of HHP Law Firm (Baker McKenzie in Jakarta) consider recent trends in challenges to the enforcement of foreign arbitral awards in Indonesia.

Do we need a permanent investment court?

Do we need a permanent investment court?

13 February 2019

Nassib G Ziadé, chief executive officer of the Bahrain Chamber for Dispute Resolution (BCDR-AAA), used a speech in Manama to question whether proposals to establish a permanent court to hear investment disputes would address the flaws in the current investor-state arbitration system or be in the best interests of developing countries.

Enjoining treaty arbitrations under Indian law

Enjoining treaty arbitrations under Indian law

04 February 2019

Promod Nair and Shivani Singhal of Arista Chambers in Bangalore discuss “problematic” aspects of a recent decision by the Delhi High Court that refused to enjoin a bilateral investment treaty arbitration against India.