Conference coverage

Paulsson's fantasies of omnipotence

In the latest Kaplan Lecture, Jan Paulsson condemned the Walter Mitty-style "omnipotence fantasies" of certain arbitrators "who purport to justify their decisions by invoking nothing but the simple phrase 'abuse of right'", while admitting to having a few such fantasies of his own.

18 November 2020

Pandemic performance and silver linings

A recent IBA event looked at contract performance and the potential rise in investor-state arbitrations in the Asia Pacific in the wake of the coronavirus pandemic - as well as searching for silver linings.

05 November 2020

Mourre on the use and misuse of bifurcation

ICC Court president Alexis Mourre used a keynote speech to address the use and misuse of bifurcation in investment arbitration, arguing that it often results in increased delays and costs. Jaroslav Kudrna and Anna Bilanová of the Czech Ministry of Finance report.

29 October 2020

A perilous lack of clarity - Lord Goldsmith on courts' review of jurisdiction

Although a national court's role in reviewing a tribunal's award on jurisdiction at the enforcement stage is well established, the type of review that the court is meant to undertake is "perilously" unclear and should be the subject of guidance, Lord Goldsmith argued during GAR Interactive Moscow.

21 October 2020

Stay clear of political issues, Russian minister warns tribunals

Russia’s Deputy Minister of Justice Mikhail Galperin has argued that arbitral tribunals lack authority to decide private claims that involve determination of national or international political questions - pointing to the Crimea and Yukos investment treaty cases against Russia.

21 October 2020

Gaillard on seven dirty tricks to disrupt an arbitration

In a virtual lecture, Emmanuel Gaillard of Shearman & Sterling described “seven dirty tricks” that parties use to disrupt arbitral proceedings and how arbitrators and courts should respond to prevent recalcitrant behaviour infecting the entire system.

15 October 2020

GAR Live Singapore Lookback: an interview with Lucy Reed

At last year’s GAR Live Singapore, Chiann Bao of Arbitration Chambers interviewed prominent US arbitrator Lucy Reed about her career path from advocate to academic, how to maintain work-life balance and her sober advice for those seeking to enter the field.

09 October 2020

Pandemic and populism to increase investor-state disputes

Speakers at the Latin Lawyer-GAR Interactive Arbitration Summit recommended that companies plan their infrastructure investments carefully, amid arbitrary actions by populist politicians and a slew of new laws pursued by governments in Latin America to fight the covid-19 pandemic.

05 October 2020

MIAC relaunches in Mauritius

Following the mutually agreed termination of its joint venture with the LCIA in 2018, the Mauritius International Arbitration Centre has relaunched as an independent centre benefiting from the support of the government of Mauritius and the Permanent Court of Arbitration and offering state-of-the-art hearing facilities.

30 September 2020

Mauritius – the positive effect of negative effect

Emmanuel Gaillard highlighted the many positives of Mauritius's international arbitration offering in a speech in Port Louis – particularly praising the country's recognition of the negative effect of competence-competence, which he said puts it in the league of leading jurisdictions like France, Singapore and Switzerland.

30 September 2020

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