Deepwater Horizon and international arbitration

Wednesday, 01 September 2010

Featured In: Volume 5 - Issue 4 (Vol. 5 Iss. 4)

Months after the explosion on the Deepwater Horizon Rig that killed 11 workers and caused the largest offshore oil spill in US history, the battle to stop the flow of oil is just about over. Kyriaki Karadelis considers the legal fall out and where international arbitration will fit into the picture

From ICCA to the icecaps: an interview with Francisco Orrego Vicuña

Wednesday, 01 September 2010

Featured In: Volume 5 - Issue 4 (Vol. 5 Iss. 4)

The Chilean arbitrator who sat in Maffezini v Spain, Fedax v Venezuela and Joy v Egypt, as well as the Enron and Sempra Energy claims against Argentina, speaks to Alison Ross at the ICCA conference in Rio de Janeiro.

South Africa - is it time?

Wednesday, 01 September 2010

Featured In: Volume 5 - Issue 4 (Vol. 5 Iss. 4)

Ke nato – "it is time" – was the slogan of the 2010 FIFA World Cup in South Africa, suggesting a country ready to become a player on the global stage. But can South Africa rise to prominence in international arbitration – or will legislative lethargy, political controversy and even racial sensitivities continue to blight development in this area? Alison Ross reports

End of the Piero Foresti show

Wednesday, 01 September 2010

Featured In: Volume 5 - Issue 4 (Vol. 5 Iss. 4)

Alison Ross looks back on the recent award in Piero Foresti, Laura de Carli v South Africa , which paves the way for future cooperation between South Africa and the mining sector

Interview: Wolf von Kumberg

Wednesday, 01 September 2010

Featured In: Volume 5 - Issue 4 (Vol. 5 Iss. 4)

The European legal director for US aerospace firm North Grumman talks about the company’s approach to international arbitration and the unique aspects of aerospace arbitration, as well as his role as a member of the steering committee of the Corporate Counsel International Arbitration Group, the CCIAG

RUSSIA: You have an award, but now what?

Wednesday, 01 September 2010

Featured In: Volume 5 - Issue 4 (Vol. 5 Iss. 4)

Victor Dumler, a senior international commercial arbitration and litigation specialist at Egorov Puginsky Afanasiev and Partners in St Petersburg, considers the ease of enforcing foreign arbitral awards in Russia – particularly recent cases where parties have resisted enforcement saying they were not notified of necessary information regarding the arbitration or that it breached public policy

ARGENTINA: New York Convention does not require Exequatur, say courts

Wednesday, 01 September 2010

Featured In: Volume 5 - Issue 4 (Vol. 5 Iss. 4)

Federico Godoy and Juan Sonoda of Beretta Godoy in Buenos Aires report on recent case that confirms that the New York Convention suppresses the requirement of exequatur (a special procedure to incorporate an award into the Argentine legal system

CONSTRUCTION: Updating FIDIC contracts - room for improvement in dispute resolution provisions?

Wednesday, 01 September 2010

Featured In: Volume 5 - Issue 4 (Vol. 5 Iss. 4)

FIDIC contracts are widely used for international construction projects. Ben Mellors , an associate at White & Case and co-author of FIDIC Contracts: Law and Practice , looks at particular aspects of the dispute resolution provisions of recently published FIDIC contracts, along with those currently being updated

INVESTMENT TREATY ARBITRATION: Ad hoc committee annuls Sempra

Wednesday, 01 September 2010

Featured In: Volume 5 - Issue 4 (Vol. 5 Iss. 4)

A recent decision in the longrunning case of Sempra Energy v Argentina saw an ad hoc ICSID committee annul the tribunal’s award on the basis that the tribunal had manifestly exceeded its powers. Matthew Weiniger and Ruth Byrne of Herbert Smith LLP report

MONEY COLUMN: Upholding a “baldly stated” sum

Wednesday, 01 September 2010

Featured In: Volume 5 - Issue 4 (Vol. 5 Iss. 4)

The February 2010 decision of the ICSID annulment committee in the dispute between investors Rumeli Telekom and Telsim Mobil and Kazakhstan highlights how tribunals may resolve the fundamental problem in expropriation cases of the “inherently uncertain” quantification of a business’s market value. Mark Kantor , a Washington, DC attorney and member of the Global Arbitration Review editorial board, says that, for the annulment committee, the process of calculating the amount to be awarded is one of “informed estimation” by the tribunal

NETHERLANDS: Supreme Court decision in Rosneft v Yukos

Wednesday, 01 September 2010

Featured In: Volume 5 - Issue 4 (Vol. 5 Iss. 4)

Thabiso van den Bosch , a partner at Conway & Partners in Rotterdam, considers a Russian oil company’s recent appeal to the Dutch Supreme Court over the enforcement of four arbitral awards against it – and how it failed on a point of admissibility

POLAND: Energy regulation and arbitration

Wednesday, 01 September 2010

Featured In: Volume 5 - Issue 4 (Vol. 5 Iss. 4)

When Poland’s Law and Justice party was swept out of power in the 2007 election, it left a row over obligatory fuel reserves as a parting gift to the new ruling party, led by Donald Tusk. Tomasz Wardynski , a partner at Wardynski & Partners in Warsaw, reports on the dispute, now the subject of an arbitration in Stockholm