Premium article - 29 May 2018
Kathleen Paisley, partner at Ambos Law in Brussels, explains why the European Union’s new data protection law poses challenges for international commercial arbitration that can be effectively managed if addressed early in the proceedings, and provided arbitration’s unique characteristics are adequately reflected when regulators apply the new law.
Premium article - 23 May 2018
As Japan seeks to internationalise its arbitration offering ahead of the 2020 Olympics, four Tokyo-based practitioners, Yoshimasa Furuta, Tony Andriotis, Yuki Sakioka and Michael Mroczek, argue that more certainty is needed on whether foreign lawyers can act as arbitrators and arbitration counsel if the country is to become a sought-after seat.
Premium article - 29 March 2018
In an article that has been nominated for a GAR award for innovation, Abu Dhabi-based practitioner John Gaffney has questioned whether arbitration rules should require full and frank financial disclosure by the parties at the early stages of an arbitral proceeding.
Premium article - 14 March 2018
At a launch event in The Hague, the authors of a new book pitched their ideas for addressing recent criticisms of investor-state dispute settlement by enhancing the ability of host states and their nationals to bring arbitration claims relating to investment projects. Duncan Pickard, assistant legal counsel at the Permanent Court of Arbitration, reports.
09 March 2018
In a speech in Atlanta, ICC International Court of Arbitration president Alexis Mourre has argued that trust in arbitration “rests on the reliability and legitimacy of arbitral institutions” and that they need to cooperate more effectively.
Premium article - 08 March 2018
In a development that looks set to further increase scrutiny and criticism of arbitration in the US, president Donald Trump has been accused by adult film star Stormy Daniels of initiating a “bogus” proceeding as part of an attempt to silence her about an alleged affair.
Premium article - 01 March 2018
Charles Brower has highlighted the "relentless propagation of fake news" surrounding the European Union's plan to develop a permanent international investment court to replace investor state dispute settlement, as set out in its Comprehensive Economic and Trade Agreement with Canada (CETA).
Premium article - 21 February 2018
GAR understands the US has accepted a Canadian proposal whereby investor-state dispute settlement will be removed from the new NAFTA as the basis of negotiation going forward, with the only recourse in the event of disputes to be non-binding state-to-state arbitration.
Premium article - 19 February 2018
In a keynote speech at this year's Vienna Arbitration Days, arbitrator and professor Maxi Scherer spoke about how her job – and her students' jobs – might be transformed by artificial intelligence in the years to come, arguing that for some parts of international arbitration "the human factor" will always be needed.
15 February 2018
Bonds have been described as the “lifeblood of international commerce”. A panel at GAR Live Abu Dhabi discovered the role of bonds and guarantees in the United Arab Emirates and beyond, looking at the pros and cons for both the employer and contractor in a construction contract.