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Ideas and analysis

ISTAC's new role in public procurement disputes

ISTAC's new role in public procurement disputes

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.

Gaillard's chaos theory

Gaillard's chaos theory

Premium article - 23 August 2018

The lack of harmony in international arbitration should not be lamented, Emmanuel Gaillard has argued in this year’s Lalive lecture – as a little bit of chaos is necessary to the evolution of the field.

Overcoming reluctance to arbitrate in the TMT sector

Overcoming reluctance to arbitrate in the TMT sector

Premium article - 14 August 2018

Drawing on two surveys on the use of arbitration in technology, media and telecoms disputes, Susan Field, a senior associate and solicitor advocate at Herbert Smith Freehills in London, considers whether parties in the TMT sector are moving away from their traditional reluctance to use international arbitration.

China International Commercial Court – competitor or collaborator?

China International Commercial Court – competitor or collaborator?

Premium article - 27 July 2018

Inaugurated last month, with branches in Shenzhen and Xi’an, the China International Commercial Court provides a new forum for the resolution of disputes relating to China as the country embarks on its massive Belt and Road initiative. Wilson Wei Huo, partner at Zhong Lun Law Firm in Beijing, considers how the new court operates and ways in which it competes and collaborates with China’s existing courts and international arbitration institutions.

Costs, conduct and continuity: institutions should take the lead, says Menon

Costs, conduct and continuity: institutions should take the lead, says Menon

Premium article - 26 July 2018

In a speech at this year’s SIAC Congress, Singapore’s Chief Justice Sundaresh Menon spoke of the special role of arbitral institutions in shaping the future of international arbitration and identified three challenges for them: tackling the problems of costs and poor professional conduct and ensuring continuity of the process through developing future generations of practitioners.

GAR/CIArb seat rating venture comes under scrutiny

Premium article - 25 July 2018

A panel in Paris has considered a new venture by GAR and the Chartered Institute of Arbitrators to give countries Moody's or Standard & Poor's style ratings based on their desirability as a seat of arbitration and their support of the arbitral process and outcome.

Stati v Kazakhstan: the winner takes it all?

Stati v Kazakhstan: the winner takes it all?

Premium article - 11 July 2018

High-profile attachments obtained by Moldovan creditors against billions of dollars in Kazakh state assets highlight the importance of choosing the right enforcement strategy, say partner Deborah Ruff and counsel Julia Kalinina Belcher of Pillsbury Winthrop Shaw Pittman in London.

What RBRG v Sinocore tells us about resisting enforcement of awards on public policy grounds

Premium article - 11 July 2018

In light of the recent decision of the English Court of Appeal in RBRG Trading v Sinocore, Watson Farley Williams partner Andrew Hutcheon and associates Nick Payne and Edward Cohen consider the scope to resist enforcement of arbitration awards on public policy grounds, particularly under English law.

The transparency tsunami

The transparency tsunami

Premium article - 25 June 2018

In a paper first presented at the ICCA Congress in Sydney, Constantine Partasides QC has noted the “tidal wave” of transparency sweeping through investor state arbitration and suggested it would be no bad thing if it swept through commercial arbitration too.

Heilbron on GDPR and arbitration in the UK

Heilbron on GDPR and arbitration in the UK

Premium article - 30 May 2018

Responding to concerns about the potential effects of the new EU data protection law on international arbitration, Hilary Heilbron QC of Brick Court Chambers says there are reasons to be hopeful about its impact in the UK.