Laws, treaties and soft law

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

Singapore considers conditional fee agreements

Singapore has tabled legislation to allow conditional fee agreements in international arbitrations and refine the scope of foreign lawyers’ involvement in proceedings in the city-state’s international commercial court.

09 November 2021

ECJ seeks to conquer new territories after Achmea

Tomas Vail of London boutique Vail Dispute Resolution considers the European Court of Justice’s recent ruling that the Energy Charter Treaty does not cover intra-EU investment disputes.

14 October 2021

Sanctions and anti-arbitration injunctions in Russia

Lawyers from Aitkulov & Partners report on a Russian Supreme Court case that may make it easier for Russian parties facing sanctions to obtain injunctions restraining arbitrations abroad.

05 October 2021

EU appoints selection panel for arbitrators

The European Commission has announced the appointment of a four-strong panel of experts that will assist it in selecting candidates to serve as adjudicators in disputes under the EU’s trade and investment agreements.

04 October 2021

After Brexit: the new landscape for English arbitration

While Brexit’s effect on the popularity of England-seated arbitration is still unclear, it poses significant practical difficulties for practitioners seeking to travel to participate in arbitrations in the EU. Stuart Dutson, Jonathan Schuman, William Dunning and Eliza Jones of Simmons & Simmons in London report.

24 September 2021

ICSID and UNCITRAL suggest options to curb double-hatting

The third draft of ICSID and UNCITRAL’s code of conduct for adjudicators in investment disputes sets out options for curbing “double hatting”, ranging from a complete ban to a requirement to fully disclose relevant counsel and expert witness appointments.

24 September 2021

New law casts doubt on enforcement against Egypt

Practitioners in Egypt have expressed concern at a new law granting the Supreme Constitutional Court the power to invalidate decisions rendered against the state by international institutions, despite a last-minute change to the bill to remove express mention of arbitration.

16 September 2021

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