Laws, treaties and soft law
Existence of sanctions justifies anti-arbitration injunctions in Russia
The Russian Supreme Court has ruled for the first time that sanctioned Russian parties need not prove that sanctions have actually impeded their access to justice to obtain an injunction restraining a foreign arbitration. Timur Aitkulov and Galina Valentirova of Aitkulov & Partners in Moscow report.
13 January 2022
Hong Kong urged to lift ban on success fees
The Law Reform Commission of Hong Kong has recommended that a ban on success fees in arbitration should be lifted to bring the special administrative region in line with other major arbitral seats.
15 December 2021
Rivkin unveils Town Elder rules
Debevoise & Plimpton partner David W Rivkin has unveiled new arbitration rules, the Town Elder rules, that involve a novel, decision-tree approach to arbitration – made possible by the use of new technology – and the resolution of matters on an issue-by-issue basis.
13 December 2021
EU Commission launches infringement proceedings over intra-EU BITs
The European Commission has launched infringement proceedings against seven EU member states over their failure to terminate their intra-EU bilateral investment treaties, also threatening a potential ECJ case against one state.
03 December 2021
German Supreme Court upholds bar to intra-EU BIT claim
The German Supreme Court has refused to hear an appeal of a ruling that prevents an Austrian bank from pursuing an intra-EU BIT arbitration against Croatia in light of the Achmea decision.
03 December 2021
Law Commission to review UK's 1996 Act
The Law Commission of England and Wales has announced it will conduct a review of the 1996 Arbitration Act to ensure English law remains the “gold standard” for international arbitration.
30 November 2021
Double-hatting: prohibition or regulation?
Baiju Vasani and Julia Cayre of Ivanyan and Partners consider recent proposals to address “double-hatting” in investment arbitration and warn that prohibiting the practice entirely could create more problems than it solves.
18 November 2021
Third-party funding in India: principles and challenges
Shaneen Parikh and Anand Mohan of Cyril Amarchand Mangaldas consider third-party funding in India and the practical challenges it faces, while calling on the government to acknowledge its legality and make it available to litigants in the wake of covid-19.
16 November 2021
The art of attention: new approaches to witness evidence
One year after the ICC’s report on the accuracy of fact witness memory, Simon Hems and Chloe Steele of McGuireWoods consider what international arbitration practitioners can learn from recent changes to the way witness statements are prepared for litigation in England and Wales.
15 November 2021
UK bill proposes arbitration scheme for covid rent disputes
A newly published UK bill aims to establish a binding arbitration process for commercial landlords and tenants who fail to reach an agreement on rent arrears caused by coronavirus.
11 November 2021