Premium article - November 27, 2014
Mark Kantor, an independent arbitrator in Washington, DC, considers two recent ICSID awards that take opposite views on whether investors should bear the consequences of a state's threats of expropriation against similarly situated businesses for the purposes of determining damages.
Premium article - November 11, 2014
In two recent cases, English courts granted a worldwide freezing injunction against a Zambian company with no assets in the UK and refused to continue a UK freezing injunction against a Nigerian company that had assets in the country. Oliver Elgie, senior associate at Herbert Smith Freehills in London, reports.
Premium article - November 10, 2014
Christopher Seppälä, partner at White & Case in Paris, reports on a Singapore High Court decision that will help facilitate the cash flow of contractors in the construction industry.
Premium article - October 28, 2014
Parties involved in disputes in mainland China can face unwanted surprises in the absence of a carefully drafted arbitration clause. Stephen Wong of Haibu Attorneys-at-law in Shenzhen and Alfred Wu of Fried Frank Harris Shriver & Jacobson in Hong Kong explain the mainland courts' approach to challenges to an arbitration agreement's validity.
Premium article - October 08, 2014
Mark Kantor, a Washington, DC-based arbitrator, considers how the compensation awarded to the former majority shareholders in Yukos in its arbitrations with Russia came to be reduced by 25 per cent.
Premium article - October 07, 2014
Nakul Dewan, a member of 20 Essex Street who is called to the bar in India and Singapore, discusses a recent decision of the Singapore High Court that takes the requirements of natural justice a step further than previous case law, using references to The Lord of the Rings to preserve the anonymity of the players in the case.
Premium article - September 29, 2014
Nicholas Peacock, Dominic Kennelly and Emily Blanshard of Herbert Smith Freehills in London consider the arbitral award and judgment of the English High Court in Travis Coal Restructured Holdings LLC v Essar Global Fund Ltd - which suggest that summary procedures may be available to tribunals in appropriate cases - and their implications for the use of arbitration by banks and other financial institutions.
Premium article - September 25, 2014
Antony Crockett and Yi-Shun Teoh of Herbert Smith Freehills in Hong Kong consider a proposal for the creation of an international tribunal on business and human rights, to improve access to justice and ensure corporate accountability.
Premium article - September 24, 2014
Matthew Walker and Darran Jenkins, partner and associate at K&L Gates in Doha, report on the Qatar Court of Cassation's recognition of a party's right to seek enforcement of an award by relying on the New York Convention.
Premium article - September 23, 2014
Hogan Lovells lawyers Jonathan Leach in Singapore, Markus Burgstaller in London and Thomas Kendra in Paris consider how Asian investors can best protect their investments in Africa, with a focus on three jurisdictions: South Africa, Nigeria and Ivory Coast.