• Search

Ideas and analysis

Should a contract designate an arbitral forum?

Should a contract designate an arbitral forum?

07 February 2020

Alice Colarossi and Larry Schiffer of Squire Patton Boggs in New York take stock of recent US case law that demonstrates three pitfalls to avoid when designating, or not designating, an arbitral forum.

Is there a difference between venue and seat under Indian law?

Is there a difference between venue and seat under Indian law?

04 February 2020

Ila Kapoor and Ananya Aggarwal of Shardul Amarchand Mangaldas in New Delhi consider two recent Indian Supreme Court judgments that have revived confusion over the difference between the seat and venue of an arbitration.

Corruption and standards of proof in investment arbitration

Corruption and standards of proof in investment arbitration

08 January 2020

Ashique Rahman and Miglena Angelova of Fietta in London ask whether investor-state tribunals have dispensed with “abstract” standards of proof when it comes to assessing corruption allegations.

Singapore Court of Appeal determines the proper law of an arbitration clause

Singapore Court of Appeal determines the proper law of an arbitration clause

07 January 2020

Kate Apostolova and Paige von Mehren of Freshfields Bruckhaus Deringer consider a recent Singapore Court of Appeal decision determining the proper law of an arbitration clause that provided for disputes to be submitted to SIAC for “arbitration in Shanghai”.

Mobile telecoms arbitrations: keeping pace with industry growth

Mobile telecoms arbitrations: keeping pace with industry growth

27 November 2019

Tiago Duarte-Silva and Billy (Milinda) Muttiah of Charles River Associates examine the growth of the mobile telecommunications industry and the accompanying rise in the number of investor-state arbitrations relating to this sector.

A practitioner’s guide to security for costs at the SCC

A practitioner’s guide to security for costs at the SCC

13 November 2019

Two years after the SCC added a provision on security for costs to its arbitration rules, Carl Persson and Bruno Gustafsson of Roschier in Stockholm examine the criteria that tribunals must consider when assessing a request for such relief – and argue the analysis should be guided by international best practices.

Shanghai allows foreign institutions to administer “foreign-related” arbitrations

Shanghai allows foreign institutions to administer “foreign-related” arbitrations

06 November 2019

Shanghai is to allow foreign arbitral institutions to register in a free trade zone and administer “foreign-related” arbitrations seated in mainland China. Craig Celniker, Sarah Thomas, Cheryl Zhu and Nicole Tsui of Morrison Foerster consider whether the move is a step towards the liberalisation of China’s arbitration landscape or a missed opportunity.

Two new rulings on US discovery

Two new rulings on US discovery

Premium article - 28 October 2019

Mitchell Hurley, John Murphy and Justin Williams of Akin Gump consider two recent rulings by US circuit courts that have swept aside assumptions about the availability of US discovery in aid of international arbitrations and in respect of documents held outside the US.

Indian court addresses taxability of foreign awards

Indian court addresses taxability of foreign awards

Premium article - 25 October 2019

The Delhi High Court has upheld arguments by a Glencore affiliate that no withholding tax is permissible on a foreign arbitral award. Hatty Sumption of Clyde & Co and Sumeet Lall of CSL Chambers, who acted for Glencore in the dispute, report.

Fortier on the cola wars

Fortier on the cola wars

Premium article - 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.