Premium article - 23 August 2019
Sarah Thomas and Jessica Chan of Morrison & Foerster consider a recent decision by the Hong Kong Court of Appeal indicating that Hong Kong’s pro-arbitration public policy does not require the territory’s courts to refrain from exercising their insolvency jurisdiction solely because the parties have an arbitration agreement.
Premium article - 23 August 2019
Nicholas Lingard and Rohit Bhat of Freshfields Bruckhaus Deringer in Singapore consider recently enacted amendments to India’s arbitration law, including controversial provisions for an “Arbitration Council” and restrictions on who can serve as arbitrator.
Premium article - 19 August 2019
Charlie Lightfoot, chair of international arbitration at Jenner & Block, discusses recent developments in the third-party funding market and factors that parties should consider before entering into a funding arrangement.
Premium article - 01 August 2019
Philipp Hanusch and Gillian Lam of Baker McKenzie in Hong Kong consider a recent decision by the Hong Kong Court of First Instance restraining a non-party to an arbitration agreement from pursuing court proceedings in mainland China.
Premium article - 09 July 2019
Ila Kapoor and Ritika Sinha, partner and associate at Shardul Amarchand Mangaldas & Co in Delhi, consider the evolving interpretation of section 11 of India’s 1996 Arbitration Act, a controversial provision that has allowed courts to rule on the existence of an arbitration agreement upon being asked to appoint an arbitrator.
Premium article - 05 July 2019
Delivering the Chartered Institute of Arbitrators’ annual Roebuck lecture in London, Stavros Brekoulakis addressed the “unwavering” pro-arbitration policy under English law, which he suggested is not a product of the past 50 years, as is often argued, but in fact dates back centuries. Mercy McBrayer, CIArb research and academic affairs manager, reports.
Premium article - 03 July 2019
More than two years ago, the ICSID tribunal in Urbaser v Argentina made significant findings on the role of international human rights law in investment treaty arbitration. Iain Maxwell and Caitlin Eaton of Herbert Smith Freehills in London look at how subsequent tribunals have responded to human rights and environmental considerations.
Premium article - 20 June 2019
Melody Wang of Fangda Partners reports on the firm’s recent success in persuading a court in mainland China to recognise a commercial judgment made by a US federal court – only the second time this is known to have happened.
Premium article - 02 May 2019
Are the big global law firms falling out of love with international arbitration? And, if not, then why are international arbitration boutiques forming - and what role might third-party funding play in dictating whether the boutique or larger-firm model flourishes from here on? These questions formed the basis of last year’s GAR Live London Inquisition.
Premium article - 01 May 2019
As the Hong Kong International Arbitration Centre becomes the first foreign arbitral institution to be licensed to administer cases in Russia, Alexey Yadykin of Freshfields Bruckhaus Deringer in Moscow considers what it could mean for arbitration of Russian M&A disputes.