• Search

Ideas and analysis

Why Hong Kong will continue to be a leading arbitral centre

Why Hong Kong will continue to be a leading arbitral centre

09 September 2020

James Kwan, Zoe Dong and Jacqueline Chan of Hogan Lovells argue that despite recent challenging times and the new National Security Law, Hong Kong will continue to be a leading centre for arbitration.

Rebooting international law for the cyber age

Rebooting international law for the cyber age

07 September 2020

Arbitration is a prime target for cyber attackers and vulnerabilities have increased with the covid-19 pandemic. A Paris Arbitration Week webinar hosted by Debevoise & Plimpton heard calls for private actors to seize the opportunity to set cyber norms. Debevoise associate Romain Zamour and trainee Clementine Coudert report.

Covid-19 and our approach to risk

Covid-19 and our approach to risk

14 August 2020

Greg Harman, Robert Outram and Daniel Ryan of Berkeley Research Group consider how the coronavirus pandemic will transform the way we look at valuing risk in commercial damages - with experts having to acknowledge that Black Swan events occur.

Why tribunals should not ignore “red flags” of corruption

Why tribunals should not ignore “red flags” of corruption

12 August 2020

Responding to a recent GAR article on the value of requiring direct evidence to support allegations of illegality against an investor, Squire Patton Boggs partners John Branson and Raúl Manon argue that tribunals should be prepared to rely on “red flags” to make reasonable inferences about corruption when direct evidence is unavailable.

From coronation to coronavirus – will the pandemic stretch the concept of frustration under English law?

From coronation to coronavirus – will the pandemic stretch the concept of frustration under English law?

27 July 2020

Stevens & Bolton partner Catherine Penny and associate Andrew Reid look at the history of frustration under English law, arguing that it had its high water mark during the economic and social instability of the post-war years and may be similarly stretched as a concept in the unprecedented circumstances of the coronavirus pandemic.

Three takes on the same corruption allegations

Three takes on the same corruption allegations

23 July 2020

Stéphane Bonifassi and Elena Fedorova of Bonifassi Avocats in Paris argue that the Swiss, French and UK courts’ different treatment of an ICC award against Alstom highlights the need for more uniformity in the approach to corruption allegations in international arbitration.

Why online “covid hearings” will improve arbitration

Why online “covid hearings” will improve arbitration

17 July 2020

In a keynote speech, Justin D'Agostino looked at the practical and ethical challenges of moving hearings online in response to the coronavirus pandemic but argued that the community will overcome these and that the use of technology will improve international arbitration.

When insolvency and arbitration interact

15 July 2020

For parties conducting arbitration in the wake of the covid-19 pandemic, the potential insolvency of an award debtor will become a real concern. International arbitration and restructuring lawyers from Vinson & Elkins explain why it is crucial to consider the interaction between arbitration and insolvency laws and the different policy concerns underlying them.

Gazprombank v Belarus: the value of requiring direct evidence to support illegality allegations

Gazprombank v Belarus: the value of requiring direct evidence to support illegality allegations

13 July 2020

Following Gazprombank’s recent threat to pursue a claim against Belarus over actions taken in a controversial and politically sensitive money-laundering investigation, Nikhil Gore and Amanda Tuninetti of Covington & Burling highlight the value of investment tribunals requiring direct evidence to support a state’s allegations of corruption and illegality against an investor.

The consultation on intra-EU investment protection: an opportunity that should not be missed

The consultation on intra-EU investment protection: an opportunity that should not be missed

08 July 2020

As the EU opens a public consultation on intra-EU investment protection, Paschalis Paschalidis of Shearman & Sterling argues that investors and other stakeholders should seize the opportunity to put forward constructive criticisms of the existing EU legal framework and suggest potential improvements.