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Ideas and analysis

Kahale on the “new age of the megacase”

Kahale on the “new age of the megacase”

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.

Not just legal fees…

Not just legal fees…

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.

The unstated ratio in the Indian Supreme Court’s Hardy decision

The unstated ratio in the Indian Supreme Court’s Hardy decision

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.

Dubai’s top court sets high threshold with ruling on participation in arbitration

Dubai’s top court sets high threshold with ruling on participation in 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.

The settlement deficit in arbitration

The settlement deficit in arbitration

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.

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.