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Ideas and analysis

Stati v Kazakhstan: the winner takes it all?

Stati v Kazakhstan: the winner takes it all?

11 July 2018

High-profile attachments obtained by Moldovan creditors against billions of dollars in Kazakh state assets highlight the importance of choosing the right enforcement strategy, say partner Deborah Ruff and counsel Julia Kalinina Belcher of Pillsbury Winthrop Shaw Pittman in London.

What RBRG v Sinocore tells us about resisting enforcement of awards on public policy grounds

11 July 2018

In light of the recent decision of the English Court of Appeal in RBRG Trading v Sinocore, Watson Farley Williams partner Andrew Hutcheon and associates Nick Payne and Edward Cohen consider the scope to resist enforcement of arbitration awards on public policy grounds, particularly under English law.

The transparency tsunami

The transparency tsunami

25 June 2018

In a paper first presented at the ICCA Congress in Sydney, Constantine Partasides QC has noted the “tidal wave” of transparency sweeping through investor state arbitration and suggested it would be no bad thing if it swept through commercial arbitration too.

Heilbron on GDPR and arbitration in the UK

Heilbron on GDPR and arbitration in the UK

30 May 2018

Responding to concerns about the potential effects of the new EU data protection law on international arbitration, Hilary Heilbron QC of Brick Court Chambers says there are reasons to be hopeful about its impact in the UK.

Managing arbitral data under the GDPR

Managing arbitral data under the GDPR

29 May 2018

Kathleen Paisley, partner at Ambos Law in Brussels, explains why the European Union’s new data protection law poses challenges for international commercial arbitration that can be effectively managed if addressed early in the proceedings, and provided arbitration’s unique characteristics are adequately reflected when regulators apply the new law.

Thoughts on necessary change in Japan

Thoughts on necessary change in Japan

23 May 2018

As Japan seeks to internationalise its arbitration offering ahead of the 2020 Olympics, four Tokyo-based practitioners, Yoshimasa Furuta, Tony Andriotis, Yuki Sakioka and Michael Mroczek, argue that more certainty is needed on whether foreign lawyers can act as arbitrators and arbitration counsel if the country is to become a sought-after seat.

Has the time come for full and frank financial disclosure?

Has the time come for full and frank financial disclosure?

29 March 2018

In an article that has been nominated for a GAR award for innovation, Abu Dhabi-based practitioner John Gaffney has questioned whether arbitration rules should require full and frank financial disclosure by the parties at the early stages of an arbitral proceeding.

Enhancing access to ISDS for host states and their nationals

Enhancing access to ISDS for host states and their nationals

14 March 2018

At a launch event in The Hague, the authors of a new book pitched their ideas for addressing recent criticisms of investor-state dispute settlement by enhancing the ability of host states and their nationals to bring arbitration claims relating to investment projects. Duncan Pickard, assistant legal counsel at the Permanent Court of Arbitration, reports.

Mourre calls for institutions to join forces

Mourre calls for institutions to join forces

09 March 2018

In a speech in Atlanta, ICC International Court of Arbitration president Alexis Mourre has argued that trust in arbitration “rests on the reliability and legitimacy of arbitral institutions” and that they need to cooperate more effectively.

Trump accused of using “bogus” arbitration to silence porn star

Trump accused of using “bogus” arbitration to silence porn star

08 March 2018

In a development that looks set to further increase scrutiny and criticism of arbitration in the US, president Donald Trump has been accused by adult film star Stormy Daniels of initiating a “bogus” proceeding as part of an attempt to silence her about an alleged affair.