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Ideas and analysis

Join GAR for launch of Prague Rules this Friday

Join GAR for launch of Prague Rules this Friday

10 December 2018

This Friday, GAR will help to launch the Prague Rules at an event in the Czech capital. Tickets are still available for the event, which will include the signing of the rules and a commemorative photo of all attendees.

The Prague rules – dispelling misconceptions

The Prague rules – dispelling misconceptions

22 November 2018

On 14 December, the “Prague rules”- which seek to give a more civil law flavour to arbitration procedure where that is what parties want – will be launched in the Czech capital in cooperation with GAR. Ahead of the launch, Vladimir Khvalei of Baker McKenzie in Moscow, who is a member of the working group which came up with the rules, explains their “spirit and scope of application” and seeks to dispel 10 common misconceptions about them.

ASA praises draft revision of Swiss law

ASA praises draft revision of Swiss law

20 November 2018

The Swiss Arbitration Association has praised a recently released draft bill revising Chapter 12 of the Swiss Private International Law, which governs international arbitration in Switzerland, saying that it brings the law up to date “but retains its conciseness and flexibility”.

Acclimatising to climate change

Acclimatising to climate change

19 November 2018

Lawyers from Norton Rose Fulbright – including partner Mark Baker – argue that there is a role for arbitration as a forum for resolution of climate-related disputes and a key mechanism for the enforcement of environmental law and policy.

Born takes “Game of Thrones” message to Freshfields

Born takes “Game of Thrones” message to Freshfields

16 November 2018

Gary Born has developed his famous “Winter is coming” message inspired by the hit Game of Thrones TV series in the latest Freshfields lecture – arguing that those who attack international arbitration attack cross-border trade and commerce and the rule of law in international life.

Kahale on the “new age of the megacase”

Kahale on the “new age of the megacase”

08 November 2018

In a keynote speech in Prague, Curtis Mallet-Prevost Colt & Mosle chairman George Kahale III argued that investor-state dispute settlement is a deeply flawed system that should be dismantled completely or rebuilt from scratch – with a focus on deficiencies in how tribunals deal with quantum in the “new age of the megacase”. Jaroslav Kudrna and Anna Bilanová of the Czech Ministry of Finance report.

Not just legal fees…

Not just legal fees…

Premium article - 09 October 2018

Verity Jackson-Grant, the director of business development at specialist third-party funding broker The Judge, discusses funding trends and how removed from mere legal fees and expenses financing can become.

The unstated ratio in the Indian Supreme Court’s Hardy decision

The unstated ratio in the Indian Supreme Court’s Hardy decision

Premium article - 05 October 2018

The recent decision of the Indian Supreme Court in the Hardy case has been criticised as lacking reasoning for its finding that the seat of arbitration was India. Nakul Dewan, an Indian, Singaporean and English-qualified lawyer at 20 Essex Street in Singapore, argues that – though it is not explicitly stated – the court was persuaded that that jurisdiction had the closest and most real connection to the arbitration.

Dubai’s top court sets high threshold with ruling on participation in arbitration

Dubai’s top court sets high threshold with ruling on participation in arbitration

Premium article - 26 September 2018

Habib Al Mulla, executive chairman of Baker McKenzie Habib Al Mulla in Dubai, looks at a decision of the Dubai Court of Cassation holding that participation in arbitration is insufficient to render the proceeding valid, arguing that it is an “invitation to … guerilla tactics”, paving the way for parties to take part in proceedings fully and then claim they did not consent to them.

The settlement deficit in arbitration

The settlement deficit in arbitration

Premium article - 17 September 2018

While arbitral institutions have addressed many concerns about the arbitral process, the problem of how to reduce the settlement deficit in arbitration remains unsettled, argue Justin Williams, the London-based head of arbitration at Akin Gump, and counsel James Glaysher.