Premium article - July 15, 2015
Mark Kantor, an international arbitrator based in Washington, DC, considers the award on costs in the UNCITRAL case of European Investment Bank AG v the Slovak Republic which saw the state's taxpayers held liable for nearly €4.2 million in legal and expert costs despite the success of their jurisdictional arguments. How did this come about?
Premium article - June 12, 2015
The European Court of Justice has confirmed that arbitral tribunals can issue effective anti-suit injunctions within the EU. Julianne Hughes-Jennett and Sarah Baddeley, partner and associate at Hogan Lovells in London, report.
Premium article - June 09, 2015
Beth Cubitt, Tom French and Luke Carbon of Clyde & Co in Perth interview the director of the recently opened Perth Centre for Energy and Resources Arbitration (PCERA), Kanaga Dharmananda SC.
Premium article - May 13, 2015
Christer Söderlund, senior counsel at Vinge in Stockholm, argues that the European Commission is wrong to characterise a recent investment treaty award against Romania as a breach of EU state aid rules.
Premium article - May 01, 2015
With the UK election looming next week, Herbert Smith Freehills partner Andrew Cannon and arbitration practice manager Hannah Ambrose consider David Cameron's commitment to a referendum on a UK exit from the European Union if he is re-elected, and the implications such an exit would have for London as a seat of arbitration and the arbitration market.
Premium article - April 21, 2015
Vivekananda N and Ankit Goyal of Allen & Gledhill in Singapore examine how courts in different jurisdictions have addressed the question of which law governs an arbitration agreement where the parties have failed to specify one.
Premium article - April 08, 2015
Alexei Panich, partner at Herbert Smith Freehills in Moscow, considers potential remedies for Russian parties in arbitrations involving sanctions arising from the Ukraine crisis, and the Russian courts' approach to such issues.
Premium article - April 07, 2015
Julianne Hughes-Jennett and Sarah Baddeley, partner and associate at Hogan Lovells, consider Advocate General Wathelet's opinion on anti-suit injunctions and the recast Brussels Regulation in the Gazprom case, which suggests that arbitral tribunals can make effective anti-suit injunctions within the European Union, notwithstanding the West Tankers decision of 2009.
Premium article - April 01, 2015
The recent establishment of the Istanbul Arbitration Centre will lead to the development of arbitration-related jurisprudence in Turkey. Okan Demirkan, partner at Kolcuoğlu Demirkan Koçaklı Attorneys at Law in Istanbul, and associates Gürhan Aydın and Burak Eryiğit look at the evolution of the courts' approach to applications to set aside arbitral awards in the past three years.
Premium article - March 26, 2015
ICSID cases against Turkmenistan take contradictory views of the local litigation requirement in the Turkey-Turkmenistan bilateral investment treaty, say Matthew Weiniger QC and Elizabeth Kantor of Herbert Smith Freehills.