22 November 2018
On 14 December, the “Prague rules”- which seek to give a more civil law flavour to arbitration procedure where that is what parties want – will be launched in the Czech capital in cooperation with GAR. Ahead of the launch, Vladimir Khvalei of Baker McKenzie in Moscow, who is a member of the working group which came up with the rules, explains their “spirit and scope of application” and seeks to dispel 10 common misconceptions about them.
20 November 2018
The Swiss Arbitration Association has praised a recently released draft bill revising Chapter 12 of the Swiss Private International Law, which governs international arbitration in Switzerland, saying that it brings the law up to date “but retains its conciseness and flexibility”.
19 November 2018
Lawyers from Norton Rose Fulbright – including partner Mark Baker – argue that there is a role for arbitration as a forum for resolution of climate-related disputes and a key mechanism for the enforcement of environmental law and policy.
16 November 2018
Gary Born has developed his famous “Winter is coming” message inspired by the hit Game of Thrones TV series in the latest Freshfields lecture – arguing that those who attack international arbitration attack cross-border trade and commerce and the rule of law in international life.
08 November 2018
In a keynote speech in Prague, Curtis Mallet-Prevost Colt & Mosle chairman George Kahale III argued that investor-state dispute settlement is a deeply flawed system that should be dismantled completely or rebuilt from scratch – with a focus on deficiencies in how tribunals deal with quantum in the “new age of the megacase”. Jaroslav Kudrna and Anna Bilanová of the Czech Ministry of Finance report.
Premium article - 09 October 2018
Verity Jackson-Grant, the director of business development at specialist third-party funding broker The Judge, discusses funding trends and how removed from mere legal fees and expenses financing can become.
Premium article - 05 October 2018
The recent decision of the Indian Supreme Court in the Hardy case has been criticised as lacking reasoning for its finding that the seat of arbitration was India. Nakul Dewan, an Indian, Singaporean and English-qualified lawyer at 20 Essex Street in Singapore, argues that – though it is not explicitly stated – the court was persuaded that that jurisdiction had the closest and most real connection to the arbitration.
Premium article - 26 September 2018
Habib Al Mulla, executive chairman of Baker McKenzie Habib Al Mulla in Dubai, looks at a decision of the Dubai Court of Cassation holding that participation in arbitration is insufficient to render the proceeding valid, arguing that it is an “invitation to … guerilla tactics”, paving the way for parties to take part in proceedings fully and then claim they did not consent to them.
Premium article - 17 September 2018
While arbitral institutions have addressed many concerns about the arbitral process, the problem of how to reduce the settlement deficit in arbitration remains unsettled, argue Justin Williams, the London-based head of arbitration at Akin Gump, and counsel James Glaysher.
Premium article - 06 September 2018
Lawyers at Gün + Partners in Istanbul look at ISTAC’s offering and its new role as a forum for arbitration of disputes relating to public procurement agreements.