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Ideas and analysis

Why the Swedish court decision in PL Holdings is consistent with Achmea

Why the Swedish court decision in PL Holdings is consistent with Achmea

24 April 2019

Stephen Fietta QC of Fietta in London and Robin Oldenstam of Mannheimer Swartling in Stockholm explain why a recent Swedish court decision upholding two intra-EU BIT awards relied on long-established rules of Swedish arbitration law and was consistent with the Achmea judgment.

What will the African Continental Free Trade Area mean for investment arbitration?

What will the African Continental Free Trade Area mean for investment arbitration?

23 April 2019

As the treaty establishing the African Continental Free Trade Area, or AfCFTA, is poised to come into force, Hogan Lovells partner Thomas Kendra, associate Thibaud Roujou de Boubée and trainee Claire Dumbill in Paris consider what it may mean for investment arbitration in the region.

Challenging awards on a point of law: is Singapore moving against the trend?

Challenging awards on a point of law: is Singapore moving against the trend?

18 April 2019

As Singapore announces it is considering allowing appeals of arbitration awards on a point of law, Kohe Hasan and Justine Barthe-Dejean, partner and associate at Reed Smith (in alliance with Resource Law) in Singapore consider whether such a reform would be a move in the right direction.

Kaufmann-Kohler on facilitating settlements

Kaufmann-Kohler on facilitating settlements

28 March 2019

Delivering the inaugural HKIAC Annual Lecture in Beijing, Gabrielle Kaufmann-Kohler proposed guidelines for settlement facilitation by arbitrators and considered Western and Eastern attitudes to the practice. Weina Ye, senior associate at Herbert Smith Freehills in Shanghai, reports.

Challenges to enforcement of foreign awards: recent cases from Indonesia

Challenges to enforcement of foreign awards: recent cases from Indonesia

19 February 2019

Andi Kadir and Bernard Sihombing of HHP Law Firm (Baker McKenzie in Jakarta) consider recent trends in challenges to the enforcement of foreign arbitral awards in Indonesia.

Do we need a permanent investment court?

Do we need a permanent investment court?

13 February 2019

Nassib G Ziadé, chief executive officer of the Bahrain Chamber for Dispute Resolution (BCDR-AAA), used a speech in Manama to question whether proposals to establish a permanent court to hear investment disputes would address the flaws in the current investor-state arbitration system or be in the best interests of developing countries.

Enjoining treaty arbitrations under Indian law

Enjoining treaty arbitrations under Indian law

04 February 2019

Promod Nair and Shivani Singhal of Arista Chambers in Bangalore discuss “problematic” aspects of a recent decision by the Delhi High Court that refused to enjoin a bilateral investment treaty arbitration against India.

Mixed messages: developments in recognition of foreign arbitral awards in Russia

Mixed messages: developments in recognition of foreign arbitral awards in Russia

25 January 2019

Partner and head of international arbitration at Akin Gump Justin Williams, senior counsel Alexander Trukhtanov and counsel Jenny Arlington, assisted by Georgy Shashero, consider the current environment in Russia for the recognition and enforcement of foreign arbitral awards and offer some practical suggestions for users.

A Chinese perspective on emergency arbitrator proceedings

A Chinese perspective on emergency arbitrator proceedings

23 January 2019

Following the first emergency arbitrator proceeding in mainland China and a high-profile recent example in Hong Kong, Wilson Wei Huo and Xinping Chen, partner and associate at Zhong Lun Law Firm in Beijing, consider the procedures under the rules of the Beijing Arbitration Commission, CIETAC and the HKIAC.

Looking back on 2018

Looking back on 2018

14 January 2019

Hussein Haeri, partner and co-head of international arbitration at Withers, and associates Camilla Gambarini and Ruzin Dagli look back at 10 key international arbitration developments of 2018 and what to expect in the months ahead.