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Ideas and analysis

Brower warns against monstrous court proposal

Brower warns against monstrous court proposal

12 January 2018

Charles Brower has warned of the folly of the proposed international investment court – "a 15-headed Hydra" – and questioned why organisations and individuals that have been leaders in developing the investor-state dispute settlement‎ regime are now seeking to bring about its demise.

The SICC as overseeing court - what next?

The SICC as overseeing court - what next?

12 January 2018

Minor amendments to Singaporean law last confirm the Singapore International Commercial Court can be used as a supervisory court in international arbitration. Mahdev Mohan, Abraham Vergis and Wong Joon Wee of Providence Law Asia welcome the development and recommend the city state follows the Dubai International Financial Centre's approach of converting judgments into arbitral awards to avoid problems over enforcement.

Cohen's challenge: put women in charge by 2020

Cohen's challenge: put women in charge by 2020

09 January 2018

After the extent of the problem became clear on OGEMID, London and San Francisco-based arbitrator Paul Cohen argues that the time has come to address harassment and sexism in the arbitral community and challenged it to defeat the problem by putting women in all leadership positions by the time of the ICCA Congress in Edinburgh in 2020.

Let counsel not experts set out the law, Donovan argues

Let counsel not experts set out the law, Donovan argues

05 January 2018

In the most recent Kaplan Lecture in Hong Kong, US arbitration specialist and ICCA president Donald Donovan argued that there is no need for experts to testify on foreign law in international arbitration – because in this field no law is “foreign” – and the community should “adopt a very strong presumption” that the law should be argued by counsel.

There's "no alternative" to investment arbitration, says Schreuer

There's "no alternative" to investment arbitration, says Schreuer

22 December 2017

In a keynote speech in Prague, leading Austrian arbitrator Christoph Schreuer has argued that “there is no alternative” to investment arbitration and expressed doubts about the EU’s proposals for a permanent court to hear investor-state disputes.

The winter denier

The winter denier

21 December 2017

Despite recent snowfall and subzero temperatures in London, Stephen Jagusch QC of Quinn Emanuel Urquhart & Sullivan has denied that winter has arrived for arbitration practitioners.

Do better on damages, urges Donovan

Do better on damages, urges Donovan

06 December 2017

It is not enough to be a fine legal analyst – counsel and arbitrators need to master economics, corporate finance and accounting to a “much more than basic” level and be able to disentangle legal and financial issues, ICCA president Donald Donovan has argued in a speech on damages in Seoul.

ICJ “moonlighters” exposed in report

ICJ “moonlighters” exposed in report

27 November 2017

UPDATED. At least seven current and 13 former ICJ judges have moonlighted as arbitrators in treaty-based investor state dispute settlement cases during their time on the bench according to a newly published study – threatening to undermine the court’s reputation “as the highest authority on public international law”.

Kaufmann-Kohler and Potestà produce new report on ISDS reform

Kaufmann-Kohler and Potestà produce new report on ISDS reform

20 November 2017

In a follow-up to a report for UNCITRAL last year, Gabrielle Kaufmann-Kohler and Michele Potestà have once again considered the proposed reform of the investment dispute settlement system through the introduction of a multilateral investment court and appeal body – looking at questions surrounding their composition.

The DIFC’s conduit jurisdiction – not dead yet

The DIFC’s conduit jurisdiction – not dead yet

15 November 2017

In an article to coincide with Dubai Arbitration Week, local practitioner Gordon Blanke looks at whether the Dubai International Financial Centre Courts will survive as a conduit jurisdiction - concluding they are moribund, but not dead yet, and could be saved by a "first-seized rule" that will resolve the competition between them and the onshore Dubai courts.