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Ideas and analysis

Attribution of liability and enforcement in Libya

Attribution of liability and enforcement in Libya

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.

A decade of emergencies in Stockholm

A decade of emergencies in Stockholm

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.

Is “public policy” back to haunt enforcement in India?

Is “public policy” back to haunt enforcement in India?

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.

Think tank calls for ban on treaty claims during pandemic

Think tank calls for ban on treaty claims during pandemic

07 May 2020

There should be a moratorium on treaty claims by private corporations against governments during the coronavirus pandemic, as well as a permanent ban on claims related to government measures in response to the crisis, according to a letter circulated by a US think tank yesterday.

What if parties don't agree on a virtual hearing? A pandemic pathway

What if parties don't agree on a virtual hearing? A pandemic pathway

06 May 2020

What is the power of arbitral tribunals to make determinations if parties do not agree on holding a virtual hearing during the coronavirus pandemic? Mohamed S Abdel Wahab has shared a potential pathway.

Time for more transparency on sovereign debt

Time for more transparency on sovereign debt

05 May 2020

In recent years, several countries have been on the receiving end of multibillion-dollar arbitration awards, without formally acknowledging these debts as part of their overall sovereign indebtedness. Starla Griffin of Slaney Advisors, which advises on the sale of investor-state arbitration claims and awards, argues it is time for this practice to stop.

5G spectrum expropriation in the satellite sector: a new source of disputes?

5G spectrum expropriation in the satellite sector: a new source of disputes?

05 May 2020

A webinar held by public international law firm Volterra Fietta considered a potential new basis of investor-state arbitration claims: the reallocation of the communications spectrum from satellite operators to terrestrial telecoms operators desiring C-band frequencies for use in 5G.

Decentralised justice: reinventing arbitration for the digital age?

Decentralised justice: reinventing arbitration for the digital age?

01 May 2020

Independent arbitrator Sophie Nappert and Federico Ast, the founder and CEO of peer-to-peer blockchain dispute resolution provider Kleros, ask whether a form of online “decentralised justice” is emerging to change the face of arbitration as we know it.

Circumventing arbitration via a winding-up petition

Circumventing arbitration via a winding-up petition

30 April 2020

After a long-awaited ruling by the Singapore Court of Appeal, Debby Lim of restructuring and insolvency boutique BlackOak and Arvin Lee of Wee Swee Teow in Singapore consider how creditors may seek to circumvent an arbitration agreement by means of a winding-up petition and how a debtor can combat such moves.

What covid-19 means for Latin American arbitration

What covid-19 means for Latin American arbitration

29 April 2020

The coronavirus pandemic and accompanying economic and political crisis is creating challenges and opportunities for arbitration practitioners across Latin America says Aníbal Sabater, partner at Chaffetz Lindsey in New York – and could lead to something close to a revolution in the field of investment arbitration.