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.
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.
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.
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.
Premium article - 25 July 2018
A panel in Paris has considered a new venture by GAR and the Chartered Institute of Arbitrators to give countries Moody's or Standard & Poor's style ratings based on their desirability as a seat of arbitration and their support of the arbitral process and outcome.
Premium article - 11 July 2018
High-profile attachments obtained by Moldovan creditors against billions of dollars in Kazakh state assets highlight the importance of choosing the right enforcement strategy, say partner Deborah Ruff and counsel Julia Kalinina Belcher of Pillsbury Winthrop Shaw Pittman in London.
Premium article - 11 July 2018
In light of the recent decision of the English Court of Appeal in RBRG Trading v Sinocore, Watson Farley Williams partner Andrew Hutcheon and associates Nick Payne and Edward Cohen consider the scope to resist enforcement of arbitration awards on public policy grounds, particularly under English law.
Premium article - 25 June 2018
In a paper first presented at the ICCA Congress in Sydney, Constantine Partasides QC has noted the “tidal wave” of transparency sweeping through investor state arbitration and suggested it would be no bad thing if it swept through commercial arbitration too.
Premium article - 30 May 2018
Responding to concerns about the potential effects of the new EU data protection law on international arbitration, Hilary Heilbron QC of Brick Court Chambers says there are reasons to be hopeful about its impact in the UK.
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.