Premium article - October 07, 2013
A Brazilian Senate commission has just completed its work on a draft revision to the country's 1996 arbitration law and a new draft law on mediation, which are now pending approval. Paul Eric Mason, an independent counsel, arbitrator and mediator based in Rio de Janeiro and Miami, explains the proposed changes
Premium article - September 25, 2013
The recent ICSID award in Luigiterzo Bosca v Lithuania suggests that investors are unlikely to succeed on claims for lost profits for breach of pre-contractual relations. Vilija Vaitkutė Pavan and Rapolas Kasparavičius of Lawin in Vilnius, who acted as co-counsel to the state in the case, report
Premium article - September 13, 2013
The Supreme Court of Mauritius has demonstrated robust support for international arbitration in two recent decisions on jurisdictional challenges and interim measures, says Luchmyparsad Aujayeb, assistant parliamentary counsel in the Mauritian Attorney General's Office and member of the LCIA-MIAC users' council.
Premium article - September 11, 2013
As Zimbabwe presses ahead with plans to "indigenise" its economy in the wake of presidential elections, Wojciech Sadowski and Ania Farren of K&L Gates consider the treaty protections available to foreign investors affected by the policy.
Premium article - August 23, 2013
Nicholas Peacock, Emily Blanshard and Dominic Kennelly of Herbert Smith Freehills' international arbitration practice in London report on recent developments in the use of arbitration in the financial services sector.
Premium article - August 22, 2013
Dmytro Marchukov and Oleksandr Volkov, counsel and associate at Egorov Puginsky Afanasiev & Partners in Kiev, report on a series of puzzling Ukrainian court decisions that have mistaken a judgment of Russia's arbitrazh courts for an arbitral award.
Premium article - August 21, 2013
Matthew Weiniger and Jennifer Hartzler, partner and associate at Herbert Smith Freehills in London, consider recently published excerpts of a 2010 ICSID award that ruled on the application of the Energy Charter Treaty's denial of benefits provision.
Premium article - July 24, 2013
A trio of decisions by the US Supreme Court have overcome a series of obstacles to affirm the country's pro-arbitration stance. Ekaterina Apostolova, an associate at Cleary Gottlieb Steen & Hamilton in New York, reports
Premium article - July 15, 2013
The US Supreme Court's recent opinion in Kiobel sets out a narrower scope for US jurisdiction over extraterritorial conduct under the Alien Tort Statute. William Thomas, Hussein Haeri and Laura Zielinski of Eversheds in Paris explain why the case has attracted the interest of international arbitration practitioners.
Premium article - July 12, 2013
The Vienna International Arbitration Centre's revised arbitration rules took effect this month. Barbara Helene Steindl, a partner at Brauneis Klauser Prändl in Vienna who was part of the users and practitioners' group that helped to draft them, explains the changes