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Ideas and analysis

Fortier on the cola wars

Fortier on the cola wars

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.

The Pledge three years on: progress being made

The Pledge three years on: progress being made

14 October 2019

More than three years after the launch of the Equal Representation in Arbitration Pledge, independent arbitrator Lucy Greenwood has updated her research into the composition of tribunals at various institutions – concluding that considerable progress that has been made.

US courts continue to show restraint over “manifest disregard” doctrine

US courts continue to show restraint over “manifest disregard” doctrine

14 October 2019

Hughes Hubbard & Reed’s co-chair of international arbitration Hagit Elul and associate Olivia Bensinger in New York consider a recent decision showing that US courts continue to exercise restraint when it comes to applying the controversial doctrine of “manifest disregard of the law” as a basis for vacating an arbitral award.

Journey to the East: Chinese arbitration policy and the challenge for institutions

Journey to the East: Chinese arbitration policy and the challenge for institutions

25 September 2019

Clyde & Co’s co-chair of global arbitration Peter Hirst in London and partner Mun Yeow in Beijing consider the opportunities and challenges that China’s arbitration policy creates for arbitral institutions in the West.

When is an arbitral decision an “award”?

When is an arbitral decision an “award”?

12 September 2019

Raid Abu-Manneh, global co-head of the international arbitration group at Mayer Brown in London, considers a recent English court ruling against a Zambian state entity that addressed the principles by which an arbitral decision can be considered an “award” and therefore capable of being enforced or challenged.

McLachlan: the assault on international adjudication

McLachlan: the assault on international adjudication

11 September 2019

Delivering the 2019 Lalive Lecture, New Zealand arbitrator Campbell McLachlan QC examined the important role that international lawyers, scholars and states have to play in defending international adjudication against the recent backlash it has faced. Augustin Barrier and Lea Murphy of Lalive report

Robots redux: blockchain, augmented reality, quantum computing and the future of arbitration

Robots redux: blockchain, augmented reality, quantum computing and the future of arbitration

03 September 2019

Two years after addressing the impact of artificial intelligence on international arbitration in an article entitled ‘March of the Robots’, Paul Cohen and Sophie Nappert explain blockchain, augmented reality and quantum computing and predict their future impact on the arbitral process.

The interplay of insolvency and arbitration in Hong Kong

The interplay of insolvency and arbitration in Hong Kong

23 August 2019

Sarah Thomas and Jessica Chan of Morrison & Foerster consider a recent decision by the Hong Kong Court of Appeal indicating that Hong Kong’s pro-arbitration public policy does not require the territory’s courts to refrain from exercising their insolvency jurisdiction solely because the parties have an arbitration agreement.

India’s arbitration rollercoaster: the 2019 amendment

India’s arbitration rollercoaster: the 2019 amendment

23 August 2019

Nicholas Lingard and Rohit Bhat of Freshfields Bruckhaus Deringer in Singapore consider recently enacted amendments to India’s arbitration law, including controversial provisions for an “Arbitration Council” and restrictions on who can serve as arbitrator.

Tips for those seeking third-party funding

Tips for those seeking third-party funding

19 August 2019

Charlie Lightfoot, chair of international arbitration at Jenner & Block, discusses recent developments in the third-party funding market and factors that parties should consider before entering into a funding arrangement.