Premium article - January 15, 2016
Sherina Petit, partner and head of India practice at Norton Rose Fulbright, associate Abhimanyu George Jain and trainee Daniel Jacobs consider the reforms in the Arbitration and Conciliation (Amendment) Bill 2015, which was passed by India's parliament on 23 December.
Premium article - February 15, 2016
A recent ICSID award favouring Oman shows how states are redrafting traditional treaty provisions at the expense of investors, argue Linklaters partner Matthew Weiniger QC and professional support lawyer Johanne Brocas.
Premium article - March 14, 2016
The three year "battle" for jurisdiction between CIETAC and its two breakaway sub-commissions in Shanghai and Shenzhen has attracted huge attention among legal professionals and the international business community. Shen Peng, special counsel at Baker & McKenzie in Beijing, considers whether a recent ruling of the Supreme People's Court has put an end to it, arguing that an uncertainty remains.
Premium article - March 22, 2016
London-based lawyers Vincent Moran QC of Keating Chambers and Paul Thwaite of Stephenson Harwood represented UK construction company Cofely in its successful application to the English Commercial Court for the removal of arbitrator Anthony Bingham from a tribunal on the ground of apparent bias. They discuss the findings and implications of the case.
Premium article - March 31, 2016
In a decision dated 18 February - but only made publicly available this month - the Swiss Federal Supreme Court dismissed a motion to set aside an award on jurisdiction that was based on an arbitration clause in an unsigned main contract. Michael Feit, of Walder Wyss in Zurich, reports.
Premium article - April 15, 2016
Nane Oganesyan and Jon Hines, partners at Morgan Lewis in Moscow, explore what Russia's recently enacted commercial arbitration reform will mean for the arbitrability of corporate disputes and the drafting of arbitration clauses.
Premium article - April 19, 2016
Gervase MacGregor, head of forensic services, and David Mitchell, head of valuations, at accountancy firm BDO examine the valuation implications of the Yukos case and lessons that can be learned for practice.
Premium article - May 03, 2016
An ICSID tribunal that recently dismissed a claim against Turkmenistan adopted a novel test to determine whether compliance with a treaty's local litigation requirement was an issue of jurisdiction or admissibility. Linklaters partner Matthew Weiniger QC and associate Stephanie Tang in London report
Premium article - May 31, 2016
Recently passed legislation, the Singapore Choice of Courts Agreement Act 2016, addresses a perceived problem of enforceability of judgments of the Singapore International Commercial Court and foreshadows the regime which may eventually govern the enforceability of judgments within a network of international commercial courts. Jordan Tan and Yvette Anthony, senior associates at Clifford Chance Asia in Singapore, report.
Premium article - July 22, 2016
Gas price reopener disputes are traditionally resolved via arbitration, but can be more costly and cumbersome than users intended. Richard Power, an aptly named energy disputes specialist and partner at Clyde & Co in London, considers the alternative options, including expert determination, med-arb and other exotic arbitration formats. Most long-term gas supply agreements contain a mechanism for determining the contract price for the supply of gas, usually by reference to external factors such...