Premium article - April 11, 2011
Audit firm KPMG is seeking to overturn a Swedish arbitral award on the ground that the arbitrator it appointed to hear the case - a partner at Roschier in Stockholm - had a conflict of interests.
Premium article - May 12, 2011
The role of damages experts in international arbitration has never been more prominent - or more in debate. Does their input lead to a better outcome for the client or do they make proceedings more costly and complicated? Sebastian Perry reports "The forensic industry has invaded arbitration," suggested Jan Paulsson of Freshfields Bruckhaus Deringer at a recent conference in Hong Kong. While he acknowledged that experts can fulfil an important role, he said often the need for them is "invented" and...
Premium article - June 13, 2011
Arbitrators in investor-state cases should be more mindful of their role in shaping international legal standards and be prepared to consider environmental and human rights law when making their decisions, delegates at the ICCA 50th anniversary conference heard. Judge Bruno Simma of the International Court of Justice told the conference that arbitrators should be encouraged to integrate human rights law in their awards to strengthen the legitimacy of the investment treaty regime. He said that states...
Premium article - November 07, 2011
Last week's International Bar Association conference in Dubai attracted record numbers - but the event almost didn't take place because of objections to the subject-matter of some sessions on the part of the United Arab Emirates government.
Premium article - November 15, 2011
Egyptian professor Georges Abi-Saab has resigned from a tribunal hearing a mass claim by 60,000 bondholders against Argentina, after warning of the potentially disruptive effects on the international financial system if ICSID becomes the forum of choice for sovereign debt disputes. Abi-Saab resigned days after issuing a dissent condemning the decision to allow the first collective action in ICSID's history - a US$1 billion claim by Italian nationals affected by Argentina's debt default in 2002. Co-arbitrators...
Premium article - March 02, 2012
Christopher Dugan, lead counsel in two pathbreaking NAFTA claims against the United States, has died after a long battle with cancer. Dugan - who was head of international arbitration at Paul Hastings in Washington, DC - passed away on 20 February, aged 63. He had been at the firm since 2003, having spent two decades at Jones Day in DC and Hong Kong. Although his practice also spanned international litigation and US Foreign Corrupt Practices Act investigations, he was best known for his pioneering...
Premium article - March 16, 2012
The International Tribunal of the Law of the Sea in Hamburg has become the first tribunal to delimit a maritime boundary in states' outer continental shelf area, in a dispute between Bangladesh and Myanmar over the oil and gas rich Bay of Bengal.
Premium article - April 27, 2012
Three decades after it was set up to defuse the Iranian hostage crisis, the Iran-United States Claims Tribunal in The Hague is still arbitrating cases worth tens of billions of dollars. Sebastian Perry charts its impact on a generation of practitioners. Given the increasingly fractious relations between Washington and Tehran, the quiet longevity of the Iran-US Claims Tribunal is something of a marvel. For 31 years, a nine-member panel of US, Iranian and third-country arbitrators has resolved...
Premium article - May 10, 2012
GAR interviews Columbia Law School professor George Bermann about the growth in graduate courses on international arbitration, the demands of his role as chief reporter of the American Law Institute's Restatement, and the "cataclysmic" implications of the Chevron v Ecuador case.
Premium article - June 08, 2012
An ICSID tribunal has thrown out a mining company's DR-CAFTA claim against El Salvador but upheld its jurisdiction under a local investment law - after hearings in which a member of the state's legal team became a witness to accuse claimant's counsel of bad faith.