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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.
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...
GAR Live Singapore Lookback: to split or not to split?
August 15, 2019
Session three of last year's GAR Live Singapore considered bifurcation from every angle, seeking to answer the question "to split, or not to split?". In the run up to this year's GAR Live Singapore, we look back at that debate. Bifurcation - at times - seems a tool that works better in theory than real life. Instead of shortening proceedings/making them efficient, it can easily achieve the reverse - the same evidence keeps coming up, points supposedly dispatched come back to life, challenges are...
GAR Live Singapore Lookback: Power of the institution vs party autonomy
August 13, 2019
Arbitral institutions are increasingly becoming the custodians of international arbitration's ‘brand'. But that raises a question: to what extent do they have power to save parties from poor choices - to protect the international arbitration product's good name? Should they be given more powers? Session four of GAR Live Singapore 2018 explored this conundrum. The GAR Live Inquisition mimics a legislative committee hearing: three inquisitors are tasked with getting at the truth of a matter by interviewing...
Indian reforms under scrutiny at GAR Live Mumbai
July 08, 2019
A panel at the inaugural GAR Live Mumbai considered proposed reforms to India's arbitration law, including controversial provisions for a regulatory body with the power to grade institutions and new qualification requirements for arbitrators. The 2018 Arbitration and Conciliation (Amendment) Bill was passed by the lower house of the Indian Parliament in August, but has yet to be passed by the upper house or to receive the assent of the country's president. However, those reforms have proved controversial....
GAR Live Mumbai 2019 - in pictures
July 08, 2019
Photos from GAR's inaugural GAR Live Mumbai are now available. GAR Live Mumbai was held on 15 June at the Trident Hotel, Nariman Point. The event was sponsored by Reed Smith, Cyril Amarchand Mangaldas, Kachwaha & Partners, Aarna Law, White & Case, Lex Arbitri, Burford Capital, Essex Court Chambers, and KPMG. Supporting organisations included the Mumbai Centre for International Arbitration and SIAC....
GAR Live Energy Lookback: the new market for buying and selling awards
June 28, 2019
International arbitration awards offer "the elixir of investment funds" - uncorrelated returns you can bank on irrespective of wider market conditions - according to a panel at last year's GAR Live Energy, which lifted the lid on the little-known world of high finance and its interest in the output of arbitration. The idea that an arbitral award is an "asset" is recent. But having been established, it's notable how fast it's caught on. Third-party funders, once viewed with suspicion, are now greeted...
GAR Live Energy Lookback: how suited are private claims for public wrongs?
June 26, 2019
Will victims of alleged human rights abuses ever consent to arbitration of their claims? Very possibly was the consensus by the end of GAR Live Energy 2018. As one panel member put it, sometimes victims are "just private parties wanting compensation". The GAR Live Inquisition mimics a legislative committee hearing: three inquisitors are tasked with getting at the truth of a matter by interviewing an array of witnesses. Session four of GAR Live Energy 2018 was such an inquisition, entitled "How suited...
GAR Live Istanbul Lookback: different approaches to cross-examination and advocacy
June 13, 2019
Last year's GAR Live Istanbul closed with a mock cross-examination session intended to contrast the common law and civil law approaches to witness questioning. Session four at GAR Live Istanbul 2018 was entitled "Different approaches to cross examination and advocacy". It used a short hypothetical to demonstrate not only the art of cross examination but also different styles. In the imaginary scenario, a company owned by "Donald T Smith" - a businessman with a striking resemblance to the current...
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