Premium article - August 27, 2014
Tom Cummins, senior associate at Ashurst, reports on the novel provisions in the 2014 LCIA Rules concerning conduct of party representatives.
Premium article - August 15, 2014
In a case arising from the collapse of Yukos that has escaped attention amid the clamour over the Permanent Court of Arbitration awards, the English High Court has confirmed that arbitration awards annulled by a Russian supervisory court may still be given effect under English law. Rupert Gordon and George Mingay of Clyde & Co in London report.
Premium article - August 07, 2014
Focusing on developments in a new generation of treaties, Washington, DC-based arbitrator Mark Kantor asks whether the battle over the proper compensation for an expropriation is finally over?
Premium article - August 05, 2014
Matthew Weiniger QC and Gitta Satryani, partner and senior associate at Herbert Smith Freehills in London, consider a recent ruling of an ICSID annulment committee that a tribunal may take either side of the debate over most-favoured nation clauses without triggering an examination of whether it has manifestly exceeded its power.
Premium article - July 22, 2014
The former chief judge of New York State's highest court and chair of the New York International Arbitration Centre, Judith Kaye, and Anibal Sabater, partner at Norton Rose Fulbright in New York, take issue with reports that the recent judgment of the Supreme Court of the State of New York in Ruth Bauer v Irving Bauer et al means that parties who arbitrate on a Sunday in New York risk their award being set aside.
Premium article - July 21, 2014
Cyrille Naffah, senior associate at the Saudi office of Bin Shabib & Associates, reports on a Saudi Arabian resolution to establish a new commercial arbitration centre in Riyadh that will oversee the activities of all arbitration providers in the kingdom and their compliance with its new arbitration law.
Premium article - July 18, 2014
Doug Jones, partner at Clayton Utz in Sydney, reports on a decision of the Full Court of the Federal Court of Australia which bolsters the country's pro-arbitration and pro-enforcement stance by reading very narrowly the grounds upon which an arbitral award may be voided for breach of natural justice.
Premium article - July 15, 2014
Two years ago, Malaysia amended existing legislation to prevent unauthorised foreign lawyers from entering the jurisdiction on a "fly in, fly out" basis. Emmanuel Duncan Chua of Herbert Smith Freehills in Singapore explains further changes to the law to allow foreign lawyers to practise in Malaysia under three categories of licence and to enter Malaysia for work up to 60 days a year, with a specific carve-out for arbitral procedings.
Premium article - July 11, 2014
REVISED: In a recent case arising from a family battle over a legacy, the Supreme Court of the State of New York vacated a US$42 million arbitral award on the grounds that the tribunal had held a hearing on a Sunday. Claire Morel de Westgaver, associate at Bryan Cave in London, considers the potential implications for those who arbitrate in New York.
Premium article - July 07, 2014
Fifteen years after Indonesia's arbitration legislation entered into force, Andi Kadir of Hadiputranto Hadinoto & Partners, member firm of Baker & McKenzie in Jakarta, says the country's Supreme Court is still issuing inconsistent decisions in relation to applications to set aside arbitral awards, creating uncertainty over whether the jurisdiction is friendly to arbitration or not.