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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.

The Pledge three years on: progress being made

The Pledge three years on: progress being made

Premium article - 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

Premium article - 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

Premium article - 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”?

Premium article - 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

Premium article - 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

Premium article - 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.