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HONG KONG: Some Wilde thoughts on jurisdiction

Friday, 03 February 2012

The Importance of Being Earnest

David Bateson, a partner at Mallesons Stephen Jaques in Hong Kong, reports on the latest Kaplan lecture, in which UK appeal court judge Lord Justice Bernard Rix found inspiration in an Oscar Wilde quote on the nature of “truth”.

AUSTRALIA: Apex court speaks out on adequacy of arbitral reasons

Friday, 03 February 2012

The Australian High Court in Sydney

Albert Monichino SC, a senior counsel and arbitrator at List A Barristers in Melbourne, considers a recent decision of the High Court of Australia that tackled conflicting case law on the standard of reasons required of an arbitrator in a domestic arbitration context (with potential impact on the Model Law scheme).

MONEY COLUMN: Experts do not come cheap

Thursday, 02 February 2012

Mark Kantor, an independent arbitrator in Washington, DC, says the just-published award in ExxonMobil's ICC dispute with Venezuelan state oil company PDVSA shows a remarkable disparity in what the two sides paid in experts' fees.

THE HAGUE: ICC-YAF holds first Dutch event

Monday, 30 January 2012

Hotel des Indes in The Hague

In its first Dutch seminar, the ICC Young Arbitrators Forum teamed up with Dutch arbitration boutique Conway & Partners and the Permanent Court of Arbitration for an event to consider the recent revisions of the ICC and UNCITRAL arbitration rules and the IBA rules on evidence. Thabiso van den Bosch of Conway & Partners reports on the event last week.

Venezuela and ICSID: a reminder of unresolved issues

Friday, 27 January 2012

The view from Canaima National Park in Venezuela

As Venezuela confirms its denunciation of the ICSID Convention, Mark Robertson and Andy Moody of Eversheds in London consider what it means for investors.

US: Injunctions in aid of international arbitration in federal courts

Wednesday, 25 January 2012

Joseph Profaizer and Daniel Prince

Joseph Profaizer and Daniel Prince, partner and associate at Paul Hastings in Washington, DC, and Los Angeles, consider the availability of injunctive relief in aid of international arbitration in the US federal courts, identifying an unfortunate jurisdictional divide.

BOOK REVIEW: Contracting with Sovereignty: State Contracts and International Arbitration

Monday, 23 January 2012

Contracting with Sovereignty

Author: Ivar Alvik. Published by Hart, 2011. Reviewed by Kaj Hobér, partner at Mannheimer Swartling in Stockholm

US: Supreme Court summarily compels arbitration

Thursday, 19 January 2012

Hagit Elul

In an unusual move, the US Supreme Court has simultaneously granted review of, and summarily reversed, a state court’s denial of a motion to compel arbitration. Hagit Elul, partner at Hughes Hubbard & Reed LLP in New York and Los Angeles, says the decision confirms US courts' pro-arbitration stance and signals that they will enforce agreements to arbitrate even where there are parallel court proceedings involving the same dispute.

UKRAINE: Assisting ad hoc arbitrations under UNCITRAL rules

Wednesday, 18 January 2012

Yuliya Chernykh

The International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine (ICAC Ukraine) has adopted new rules for the administering of UNCITRAL arbitrations. Yuliya Chernykh, a partner at Arbitrade in Kiev, reports.

AUSTRALIA: Court examines arbitration in equity

Tuesday, 17 January 2012

The Supreme Court of Victoria in Melbourne

The Supreme Court of Victoria recently determined the nature of arbitration "by reference to considerations of general justice and fairness." Phillip Landolt, partner at Landolt & Koch in Geneva, says the decision gives rare insight into how arbitrators' equitable powers are construed.

UK: Arbitrability – are we moving the goalposts?

Monday, 16 January 2012

Moving goalposts

Melanie Willems, a partner at Chadbourne & Parke in London, considers the issue of arbitrability, in light of the rare judicial analysis of the topic in the recent English Court of Appeal decision, Fulham Football Club (1987) Ltd v Richards, and other cases.

ISTANBUL: ICC roadshow reaches Turkey

Friday, 13 January 2012

Mosque in Istanbul

The new ICC Rules of Arbitration are are now in force, but members of the task force that drafted them continue tirelessly to highlight the changes to lawyers and users in different jurisdictions. Eda Cerrahoglu Balssen and Defne Sirakaya of Cerrahoglu Law Firm in Istanbul report on a recent event in their city.

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