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Fortier on the cola wars
October 18, 2019
At a lecture in Washington, DC, Canadian arbitrator Yves Fortier QC invoked the "cola wars" of the 1980s to argue that arbitration should resist calls to change the beloved formula that is the key to its success. Michelle Avrutin, JD student at American University Washington College of Law, reports. Delivering the Washington College of Law annual lecture on international commercial arbitration, held at Arnold & Porter in DC, Fortier recounted the tales of the cola wars in the US in the 1980s, and...
London says farewell to Francisco Orrego Vicuña
October 10, 2019
A symposium in London last week marked the one-year anniversary of the death of Chilean arbitrator Francisco Orrego Vicuña by celebrating his contribution to international law. Benjamín Silva, a visiting attorney at Baker Botts in London, reports. Francisco Orrego Vicuña passed away on 2 October 2018 in Santiago de Chile. He was one of the world's most influential arbitrators. As many friends, collaborators and pupils were not able to travel to Santiago to say goodbye to the prominent jurist, a two-day...
GAR Live Vienna Lookback: is document production a waste of time?
October 07, 2019
It's often assumed common lawyers have an advantage over civil lawyers - in any dispute that entails document production. It's ingrained in their legal education. But according to Barton Legum, of Dentons, in fact it's the common lawyer who really suffers at such times - and for whom engaging in discovery with a civil law opponent will be at best pointless and at worst self-sabotage. Legum made his counterintuitive comments during a debate at GAR Live Vienna 2018. "All arbitration practitioners know...
GAR Live Istanbul - in pictures
September 13, 2019
Pictures from the 7th annual GAR Live Istanbul are now available.
Mourre warns against "nationalisation" of arbitration
September 13, 2019
In a keynote address at GAR Live Istanbul, ICC International Court of Arbitration president Alexis Mourre called for arbitral institutions to safeguard their legitimacy by agreeing on internationally accepted standards of good governance - while warning of the dangers of recent attempts by governments to "nationalise" arbitration by promoting domestic institutions. Mourre's speech, delivered on 20 June, also floated the idea of an international accreditation procedure for arbitral institutions based...
McLachlan: the assault on international adjudication
September 11, 2019
Delivering the 2019 Lalive Lecture, New Zealand arbitrator Campbell McLachlan QC examined the important role that international lawyers, scholars and states have to play in defending international adjudication against the recent backlash it has faced. Augustin Barrier and Lea Murphy of Lalive report McLachlan, professor at Victoria University of Wellington and a prominent arbitrator in investor-state disputes, opened the lecture with a quotation from Aeschylus' Oresteia to illustrate the importance...
Can India become an arbitral hub?
September 06, 2019
At GAR's inaugural conference in Mumbai, panellists debated whether India could establish itself as an internationally accepted arbitral centre within the next five years. Meenakshi Arora, a senior advocate at the Indian Supreme Court, who was arguing in favour of the motion, accepted that there had been a fair amount of pessimism following the country's reform to its arbitration statute in 2015. "It seems my cause is already lost," she said. However, she insisted that the judiciary of the second-most...
BIICL seminar marks launch of Hong Kong office
September 05, 2019
A seminar in Hong Kong marking the launch of the British Institute of International and Comparative Law's first Asian office addressed common and civil law approaches to arbitration, investment structuring in light of Chinese BITs, and questions of damages and corruption that arise in investor-state disputes. Ella Wardlaw of Allen & Overy in Hong Kong reports The event, jointly hosted by BIICL and the Chinese University of Hong Kong (CHUK), saw the signing of a memorandum of understanding between...
An ICJ judge on bias in international adjudication
August 22, 2019
Delivering the second annual lecture co-sponsored by Arnold & Porter and the University of Cambridge Lauterpacht Centre for International Law, Judge Joan Donoghue of the International Court of Justice addressed bias in international adjudication and arbitration. Judge Donoghue, who joined the ICJ in 2010 after serving in the US State Department and has also sat on investor-state tribunals and ICSID annulment committees, addressed two types of biases relevant to international judges and arbitrators:...
What next for Asia Pacific?
August 15, 2019
On the eve of the signing of the Singapore Mediation Convention, an IBA event in the city-state considered the shift in global and economic power to the Asia-Pacific region and its implications for arbitral practice. Anand Shankar Tiwari and Wong Yan Yee of WongPartnership report. Conference co-chair Swee Yen Koh of WongPartnership in Singapore delivered opening remarks, focusing on the shift of the centre of gravity of business to the Asia-Pacific region and its effects. She said the rise of the...
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