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Ideas and analysis

Arbitrating competition law disputes: US and European perspectives

Arbitrating competition law disputes: US and European perspectives

22 April 2020

After the US Department of Justice’s victory in its first-ever arbitration of an antitrust matter, Hogan Lovells partners Meghan Rissmiller, Thomas Kendra and Christian Ritz ask if arbitration represents the way forward in competition law.

Covid-19: learn from the Skagit Valley Chorale

Covid-19: learn from the Skagit Valley Chorale

08 April 2020

David Branson, an arbitrator and counsel based in Washington, DC, points to the tragedy that befell a US choir to warn of the risks of holding an in-person arbitration hearing during the coronavirus pandemic and argues that, for technology to be successfully used instead, institutions need to provide "office theatres" with movie-quality sound and visuals.

Corporate restructuring and investment treaty protection: where are we today?

Corporate restructuring and investment treaty protection: where are we today?

06 April 2020

At an event in London, the British Institute of International and Comparative Law (BIICL) and Baker McKenzie unveiled what has been called the first empirical study of corporate restructuring and investment treaty protections. Simon Weber of King’s College London reports.

Depositions from witnesses in aid of overseas arbitrations

Depositions from witnesses in aid of overseas arbitrations

02 April 2020

The Court of Appeal in London has opened the door to parties in foreign arbitrations obtaining evidence from reluctant potential witnesses resident in England and Wales. Sam Roberts of Cooke Young & Keidan, the firm that represented the successful applicants, reports.

In search of certainty: the Dutch appeal court decision in Yukos

In search of certainty: the Dutch appeal court decision in Yukos

01 April 2020

Simon Rainey QC and Gaurav Sharma of Quadrant Chambers in London consider the legal and practical implications of the recent Hague Court of Appeal decision reinstating the US$50 billion Yukos awards against Russia.

Kaplan: How we must adapt to covid-19

Kaplan: How we must adapt to covid-19

30 March 2020

Arbitrator Neil Kaplan QC discusses how tribunals and institutions will have to adapt to the new era of social distancing ushered in by the coronavirus pandemic, calling for greater use of video conferencing and flexibility when it comes to compensating arbitrators for delayed cases.

Virtual hearings – the new normal

Virtual hearings – the new normal

27 March 2020

The coronavirus pandemic is requiring the arbitration community to adapt rapidly to a reality that will be with us for the medium or long term – with virtual hearings as the new normal. Canadian arbitrator Janet Walker considers whether it can rise to the challenge.

A call for cosmopolitanism

A call for cosmopolitanism

17 March 2020

Egyptian arbitration specialist Karim Youssef has highlighted how arbitration – and those who practise it – must become more cosmopolitan in mindset if this system of justice is to survive and achieve its full potential.

The coronavirus: what impact?

The coronavirus: what impact?

07 March 2020

GAR considers the impact of the coronavirus on international arbitration and how it might change the way cases are conducted.

Why arbitrators need to confront corruption allegations

Why arbitrators need to confront corruption allegations

04 March 2020

Stéphane Bonifassi and Elena Fedorova of Bonifassi Avocats welcome the French courts’ increasing willingness to reopen arbitral tribunals’ findings on corruption – and argue that arbitrators need to confront such allegations head on, even when parallel criminal proceedings are pending.