07 February 2020
Alice Colarossi and Larry Schiffer of Squire Patton Boggs in New York take stock of recent US case law that demonstrates three pitfalls to avoid when designating, or not designating, an arbitral forum.
04 February 2020
Ila Kapoor and Ananya Aggarwal of Shardul Amarchand Mangaldas in New Delhi consider two recent Indian Supreme Court judgments that have revived confusion over the difference between the seat and venue of an arbitration.
08 January 2020
Ashique Rahman and Miglena Angelova of Fietta in London ask whether investor-state tribunals have dispensed with “abstract” standards of proof when it comes to assessing corruption allegations.
07 January 2020
Kate Apostolova and Paige von Mehren of Freshfields Bruckhaus Deringer consider a recent Singapore Court of Appeal decision determining the proper law of an arbitration clause that provided for disputes to be submitted to SIAC for “arbitration in Shanghai”.
27 November 2019
Tiago Duarte-Silva and Billy (Milinda) Muttiah of Charles River Associates examine the growth of the mobile telecommunications industry and the accompanying rise in the number of investor-state arbitrations relating to this sector.
13 November 2019
Two years after the SCC added a provision on security for costs to its arbitration rules, Carl Persson and Bruno Gustafsson of Roschier in Stockholm examine the criteria that tribunals must consider when assessing a request for such relief – and argue the analysis should be guided by international best practices.
06 November 2019
Shanghai is to allow foreign arbitral institutions to register in a free trade zone and administer “foreign-related” arbitrations seated in mainland China. Craig Celniker, Sarah Thomas, Cheryl Zhu and Nicole Tsui of Morrison Foerster consider whether the move is a step towards the liberalisation of China’s arbitration landscape or a missed opportunity.
Premium article - 28 October 2019
Mitchell Hurley, John Murphy and Justin Williams of Akin Gump consider two recent rulings by US circuit courts that have swept aside assumptions about the availability of US discovery in aid of international arbitrations and in respect of documents held outside the US.
Premium article - 25 October 2019
The Delhi High Court has upheld arguments by a Glencore affiliate that no withholding tax is permissible on a foreign arbitral award. Hatty Sumption of Clyde & Co and Sumeet Lall of CSL Chambers, who acted for Glencore in the dispute, report.
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.