ARGENTINA: Family dispute sheds light on annulment process

Tuesday, 16 February 2010

Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)

Federico Godoy and Juan Sonoda , partners at Beretta Godoy in Buenos Aires, describe how a dispute over family trademarks led an Argentine appeal court to clarify the limited circumstances when parties can bring a motion for annulment – and the scope of waivers to challenge an award

CHINA: China's Supreme Court clarifies enforcement from Hong Kong

Tuesday, 16 February 2010

Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)

Richard Hill and Jessica Fei of Fulbright & Jaworksi LLP in Hong Kong report on a recent Supreme People’s Court of China notice that removes any uncertainty as to the enforceability in mainland China of Hong Kong awards arising from ad hoc arbitrations and arbitrations under the auspices of “foreign” arbitration institutions such as the ICC

CONSTRUCTION: Contract termination and call of the guarantees - a tempting approach in recession-hit times?

Tuesday, 16 February 2010

Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)

Christophe von Krause , a partner at White & Case in Paris, identifies a new trend of construction disputes linked to the financial downturn

GERMANY: Construction adjudication on the rise

Tuesday, 16 February 2010

Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)

Adjudication has become an established method in construction disputes and it is no longer restricted to jurisdictions such as the UK. Patricia Nacimiento , a partner at White & Case in Frankfurt, highlights recent developments in adjudication in Germany

HONG KONG: Mediate - at all costs

Tuesday, 16 February 2010

Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)

From 1 January 2010, the latest of Hong Kong’s civil justice reforms could bring new risks for parties who refuse to mediate in Hong Kong. Two lawyers at Minter Ellison in Hong Kong, partner Steven Yip and senior associate James Yeung , explain what they are

INDIA: Parties will be able to evade arbitration thanks to new Supreme Court ruling

Tuesday, 16 February 2010

Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)

A recent decision of the Indian Supreme Court holds that court proceedings need not be stayed in favour of arbitration when the dispute features complex fraud allegations. Two lawyers at Herbert Smith in London, partner David Brynmor Thomas and senior associate Promod Nair , say that the ruling affords obstructionist parties the perfect excuse to subvert their agreement to arbitrate

INVESTMENT TREATY ARBITRATION: UNCITRAL tribunal applies ICSID definition of "investment"

Tuesday, 16 February 2010

Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)

In Romak SA v Uzbekistan , an UNCITRAL tribunal considered the extent to which investment treaties provide protection for enterprises engaged in the cross-border sale of goods – and ended up applying the ICSID definition of investment. Partner Matthew Weiniger and senior associate Promod Nair of Herbert Smith in London report

MONEY COLUMN: Lawyers pay for aggressive approach

Tuesday, 16 February 2010

Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)

Clients may value a lawyer’s “never-say-die” attitude, but US courts faced with unjustifiable attacks on arbitration awards have grown irritable. Mark Kantor , an attorney in Washington, DC and a member of GAR ’s editorial board, reports on a recent decision in which a US appeals court ordered lawyers to personally pay costs for an unsuccessful attempt to vacate an award – a painful lesson for aggressive litigators about the strength of the “national policy favoring arbitration”

SWEDEN: Fighting in fog - when a party does not know the case against it

Tuesday, 16 February 2010

Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)

James Hope , consultant and head of international arbitration at Advokatfirman Vinge KB in Stockholm, reports on a rare example of the Svea Court of Appeal setting aside an award because a tribunal exceeded its mandate

CONSTRUCTION COLUMN: Arbitration between main contractor and owner: can its outcome also bind a subcontractor?

Friday, 23 October 2009

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

A main contractor might be drawn into arbitration with an owner over work performed by the subcontractor. Is there a way to avoid two arbitrations on the same issues? Ank Santens (partner, New York) and Kate Brown de Vejar (associate, Mexico City) of White & Case suggest there may be.  

JAPAN: JCAA amends rules for administering under UNCITRAL Rules

Friday, 23 October 2009

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

Over the summer, Japan’s arbitration body adopted fresh rules for administering UNCITRAL matters. Peter Godwin (partner) and Sean Izor (associate) of Herbert Smith in Tokyo report on some fairly low key changes  

MONEY COLUMN: CAS panel looks to player's market value

Friday, 23 October 2009

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

In a marked contrast with a previous decision, a CAS panel has factored a footballer’s transfer value into the damages awarded to his former club. By Mark Kantor, Washington DC attorney and arbitrator.