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Ideas and analysis

Corporate restructuring and investment treaty protection: where are we today?

Corporate restructuring and investment treaty protection: where are we today?

06 April 2020

At an event in London, the British Institute of International and Comparative Law (BIICL) and Baker McKenzie unveiled what has been called the first empirical study of corporate restructuring and investment treaty protections. Simon Weber of King’s College London reports.

Depositions from witnesses in aid of overseas arbitrations

Depositions from witnesses in aid of overseas arbitrations

02 April 2020

The Court of Appeal in London has opened the door to parties in foreign arbitrations obtaining evidence from reluctant potential witnesses resident in England and Wales. Sam Roberts of Cooke Young & Keidan, the firm that represented the successful applicants, reports.

In search of certainty: the Dutch appeal court decision in Yukos

In search of certainty: the Dutch appeal court decision in Yukos

01 April 2020

Simon Rainey QC and Gaurav Sharma of Quadrant Chambers in London consider the legal and practical implications of the recent Hague Court of Appeal decision reinstating the US$50 billion Yukos awards against Russia.

Kaplan: How we must adapt to covid-19

Kaplan: How we must adapt to covid-19

30 March 2020

Arbitrator Neil Kaplan QC discusses how tribunals and institutions will have to adapt to the new era of social distancing ushered in by the coronavirus pandemic, calling for greater use of video conferencing and flexibility when it comes to compensating arbitrators for delayed cases.

Virtual hearings – the new normal

Virtual hearings – the new normal

27 March 2020

The coronavirus pandemic is requiring the arbitration community to adapt rapidly to a reality that will be with us for the medium or long term – with virtual hearings as the new normal. Canadian arbitrator Janet Walker considers whether it can rise to the challenge.

A call for cosmopolitanism

A call for cosmopolitanism

17 March 2020

Egyptian arbitration specialist Karim Youssef has highlighted how arbitration – and those who practise it – must become more cosmopolitan in mindset if this system of justice is to survive and achieve its full potential.

The coronavirus: what impact?

The coronavirus: what impact?

07 March 2020

GAR considers the impact of the coronavirus on international arbitration and how it might change the way cases are conducted.

Why arbitrators need to confront corruption allegations

Why arbitrators need to confront corruption allegations

04 March 2020

Stéphane Bonifassi and Elena Fedorova of Bonifassi Avocats welcome the French courts’ increasing willingness to reopen arbitral tribunals’ findings on corruption – and argue that arbitrators need to confront such allegations head on, even when parallel criminal proceedings are pending.

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.