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Ideas and analysis

Managing arbitral data under the GDPR

Managing arbitral data under the GDPR

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.

Thoughts on necessary change in Japan

Thoughts on necessary change in Japan

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.

Has the time come for full and frank financial disclosure?

Has the time come for full and frank financial disclosure?

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.

Enhancing access to ISDS for host states and their nationals

Enhancing access to ISDS for host states and their nationals

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.

Mourre calls for institutions to join forces

Mourre calls for institutions to join forces

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.

Trump accused of using “bogus” arbitration to silence porn star

Trump accused of using “bogus” arbitration to silence porn star

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.

"Fake news" - Brower blasts investment court proposal

"Fake news" - Brower blasts investment court proposal

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).‎

Will the renegotiated NAFTA scrap ISDS?

Will the renegotiated NAFTA scrap ISDS?

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.

Will artificial intelligence eliminate the human factor?

Will artificial intelligence eliminate the human factor?

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.

Call me maybe? GAR Live Abu Dhabi puts spotlight on bonds and guarantees

Call me maybe? GAR Live Abu Dhabi puts spotlight on bonds and guarantees

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.