Premium article - September 17, 2015
Withers' international arbitration and international law partner Hussein Haeri and sports partner Luca Ferrari discuss the German courts' view of the independence of the Court for Arbitration for Sport, as revealed in a recent appeal brought by German speed skater Claudia Pechstein.
Premium article - September 11, 2015
The first claim to be brought by a mainland Chinese investor under a Chinese bilateral investment treaty has been dismissed due to the dispute having arisen before the treaty came into effect. Matthew Weiniger QC of Herbert Smith Freehills in London reports on the decision.
Premium article - August 26, 2015
A Buenos Aires appeal court has held that ICSID awards do not have to undergo confirmation proceedings to be enforced in Argentina, but has reserved its right to review such awards on public policy grounds. Jean-Paul Dechamps, senior associate at Freshfields Bruckhaus Deringer in London, reports
Premium article - August 11, 2015
Joe Tirado and Alejandro Garcia of the London office of Winston & Strawn consider the traditionally divergent stances of Latin American states to foreign investment and investment arbitration in light of recent developments in Brazil and Chile in particular. Are we seeing a convergence of attitudes both within Latin America and in the wider global market?
Premium article - August 04, 2015
Aditya Kurian, counsel and head of the India region at the Hong Kong International Arbitration Centre, argues that should India seek to adopt a model for its proposed arbitration reforms, it need look no further than Hong Kong.
Premium article - July 30, 2015
As the pending investment treaty claim brought by Cairn Energy against India puts tax carve-outs in bilateral investment treaties under the spotlight, Timothy Lyons QC, a barrister and arbitrator practising from 39 Essex Chambers in London, considers what they exclude.
Premium article - July 28, 2015
Stephan Wilske, Christian Steinle and Laura Bräuninger, partners and associate at Gleiss Lutz in Stuttgart, examine a recent decision of the European Court of Justice in a case concerning the relevance of arbitration clauses for cartel damage claims.
Premium article - July 22, 2015
Gervase MacGregor, head of forensic services, and David Mitchell, head of valuations at accountancy firm BDO, examine the valuation implications of the recent ICSID award in Tidewater v Venezuela, and argue that tribunals should be swifter in calling for joint reports from the parties' experts.
Premium article - July 17, 2015
The opening of the Singapore International Commercial Court (SICC) has led to talk of the resurgence of litigation to resolve cross-border disputes, but how can it ensure its judgments are as easily enforced as arbitration awards under the New York Convention? Jef Klazen and Randall Arthur, partners at Kobre & Kim in New York and Hong Kong, and associate Gabrielle Liu, explain.
Premium article - July 17, 2015
Paul Stothard and Stuart Bruce of King & Wood Mallesons in London consider recent EU proposals to replace investor-state arbitration with an international investment court, including permanent appeal judges.