Premium article - July 04, 2014
In a decision that breaks with the past, the English Commercial Court this week upheld a contractual obligation requiring the parties to a dispute to try "friendly discussion" before resorting to arbitration. Chris Kidd, partner at Ince & Co in London, puts the judgment in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited in context.
Premium article - June 30, 2014
A Madrid appeal court recently upheld a hybrid dispute resolution clause that gave both parties the option of referring disputes to either international arbitration under the rules of the Netherlands Arbitration Institute or to a Dutch court. Victor Bonnin and Jose Luis Terron, associate and senior associate at Allen & Overy in Madrid report on the decision - the first in Spain that clearly recognises the validity of hybrid or optional dispute resolution clauses.
Premium article - June 20, 2014
The Singapore International Arbitration Centre's inaugural congress featured almost as much discussion of the city-state's new international commercial court and mediation centre as of arbitration. Sapna Jhangiani and Nelson Goh, legal director and associate at Clyde and Co Clasis Singapore, report
Premium article - June 18, 2014
Jonathan Hamilton, head of Latin American arbitration at White & Case, and associate Charles Rosenberg consider the use of trade preference programmes to encourage Argentina and Ecuador to comply with investment treaty awards.
Premium article - June 16, 2014
Iain McKenny of UK disputes funder Vannin Capital argues that there is a vast reservoir of untapped arbitration claims that prevailing business models make too uneconomical to take on, and calls on arbitral institutions to take the lead in helping claimants access potential funding packages.
Premium article - June 11, 2014
Less than a year after acceding to the New York Convention, Myanmar has published a draft of a new arbitration bill to replace legislation drawn up 70 years ago. Partners Jainil Bhandari, Chester Toh, Kelvin Poon and Paul Tan and foreign associate Jawad Ahmad of Rajah & Tann in Singapore report
Premium article - May 27, 2014
Matthew Weiniger QC and Iain Maxwell, partner and of counsel at Herbert Smith Freehills in London, consider a recent ICSID award in favour of Turkey, which concluded that the actions of a state-owned company were not attributable to the respondent state and could not therefore give rise to a successful BIT claim.
Premium article - April 30, 2014
David Bateson and Laura Feldman of King & Wood Mallesons in Hong Kong discuss the growth of emergency arbitrator procedures.
Premium article - April 29, 2014
The Santiago Court of Appeals has confirmed that domestic procedural rules do not apply to international arbitrations seated in Chile and that foreign lawyers can appear in such cases. Andrés Jana and Rodrigo Gil of Bofill Mir & Álvarez Jana in Santiago, counsel to the winning side in the court proceedings, report
Premium article - April 15, 2014
Far from encouraging unmeritorious claims, arbitration funders turn down the majority of cases they're asked to finance. James Delaney, director of London-based funding broker The Judge, explains the mistakes to avoid when applying for funding.