Premium article - March 20, 2013
Albert Monichino and Ian Hunter consider the recent decision of the High Court of Australia in TCL v The Judges of the Federal Court of Australia.
Premium article - March 13, 2013
Albert Monichino, a Senior Counsel and arbitrator at List A Barristers in Melbourne, considers today's decision of the High Court of Australia, rejecting a constitutional challenge to Australia's adoption of the enforcement provisions contained in Chapter VIII of the UNCITRAL Model Law.
Premium article - February 27, 2013
In a recent judgment, the New Zealand Court of Appeal has emphasised the importance of upholding agreements to arbitrate, even when some aspect of the agreement is invalid. David AR Williams QC and Simon Foote of Bankside Chambers in Auckland report
Premium article - February 07, 2013
Nathaniel Khng, a foreign associate in the international arbitration group of Freshfields Bruckhaus Deringer and Nicholas Poon, a justices' law clerk in the Supreme Court of Singapore, report on the judicial contribution of Chief Justice Sek-Keong Chan to the city state's arbitration landscape.
Premium article - February 06, 2013
Mauritius is well placed to emerge as an arbitral hub for the 21st century. But the country's new arbitration law presents challenges as well as opportunities, argues Mauritian Shalini Soopramanien, a New York-qualified lawyer and case manager at the International Centre for Dispute Resolution.
Premium article - February 05, 2013
Markus Burgstaller and Jonathan Ketcheson of Hogan Lovells in London report on the recent decision of an ICSID tribunal in Standard Chartered Bank v Tanzania and ask whether a shareholder needs to play an active role in making an investment in order to bring an investment treaty claim.
Premium article - February 04, 2013
Mark Kantor, an arbitrator in Washington, DC, considers the tribunal's reasoning in the largest ICSID award ever rendered, in favour of US oil company Occidental against Ecuador, and its refusal to look at comparable sales transactions in making its damages determination.
Premium article - January 25, 2013
KC Lye and Yeo Chuan Tat, partner and associate at Norton Rose in Singapore, consider whether arbitral institutions are overreaching themselves when they include provisions in their rules empowering them to override the parties' express agreement about the composition of the tribunal.
Premium article - January 23, 2013
A recent ICSID award against Ecuador considered the weight that should be given to decisions in earlier investment cases, and whether annulment decisions are more authoritative than the awards they annulled. Matthew Weiniger and Iain Maxwell of Herbert Smith Freehills report.
Premium article - January 22, 2013
In a judgment late last year, Lithuania's Supreme Court upheld an arbitration agreement in relation to a dispute over a non-compete clause, a decision which Giedre Cerniauske, an associate at LAWIN in Vilnius, says applied the country's new law on commercial arbitration.