• Search

Ideas and analysis

Which law governs the arbitration agreement?

Which law governs the arbitration agreement?

27 February 2020

Ben Hornan, Jerome Finnis and Charlie Howell of Hogan Lovells in London consider the implications of the English Court of Appeal’s recent decision in Kabab-Ji v Kout for the question of which law governs an arbitration agreement.

Energy disputes in a world of disruption

Energy disputes in a world of disruption

26 February 2020

The ITA-IEL-ICC joint conference on international energy arbitration in Houston considered shifting politics in Latin America, sustainability and the prospects of a multilateral investment court, as well as 2019’s most important energy-related developments. Maria Slobodchikova of Sullivan & Cromwell in New York reports.

Cocorico! – French approach to the OIC Treaty gives cause to crow

Cocorico! – French approach to the OIC Treaty gives cause to crow

21 February 2020

Hamid Gharavi of Derains & Gharavi in Paris explains how French arbitration law and courts enable parties instituting arbitrations under the OIC treaty to avoid a denial of justice.

Practical steps to address cybersecurity

Practical steps to address cybersecurity

19 February 2020

Akin Gump partner Justin Williams and counsel Jenny Arlington consider recent initiatives to address cybersecurity in international arbitration and what arbitrators, counsel and users can do to manage the risks.

Should a contract designate an arbitral forum?

Should a contract designate an arbitral forum?

07 February 2020

Alice Colarossi and Larry Schiffer of Squire Patton Boggs in New York take stock of recent US case law that demonstrates three pitfalls to avoid when designating, or not designating, an arbitral forum.

Is there a difference between venue and seat under Indian law?

Is there a difference between venue and seat under Indian law?

04 February 2020

Ila Kapoor and Ananya Aggarwal of Shardul Amarchand Mangaldas in New Delhi consider two recent Indian Supreme Court judgments that have revived confusion over the difference between the seat and venue of an arbitration.

Corruption and standards of proof in investment arbitration

Corruption and standards of proof in investment arbitration

08 January 2020

Ashique Rahman and Miglena Angelova of Fietta in London ask whether investor-state tribunals have dispensed with “abstract” standards of proof when it comes to assessing corruption allegations.

Singapore Court of Appeal determines the proper law of an arbitration clause

Singapore Court of Appeal determines the proper law of an arbitration clause

07 January 2020

Kate Apostolova and Paige von Mehren of Freshfields Bruckhaus Deringer consider a recent Singapore Court of Appeal decision determining the proper law of an arbitration clause that provided for disputes to be submitted to SIAC for “arbitration in Shanghai”.

Mobile telecoms arbitrations: keeping pace with industry growth

Mobile telecoms arbitrations: keeping pace with industry growth

27 November 2019

Tiago Duarte-Silva and Billy (Milinda) Muttiah of Charles River Associates examine the growth of the mobile telecommunications industry and the accompanying rise in the number of investor-state arbitrations relating to this sector.

A practitioner’s guide to security for costs at the SCC

A practitioner’s guide to security for costs at the SCC

13 November 2019

Two years after the SCC added a provision on security for costs to its arbitration rules, Carl Persson and Bruno Gustafsson of Roschier in Stockholm examine the criteria that tribunals must consider when assessing a request for such relief – and argue the analysis should be guided by international best practices.