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Paulsson heads for London
Archive Article - Tuesday, 27 April 2010
Featured In: Volume 5 - Issue 2 (Vol. 5 Iss. 2)
After 21 years as leader of the Freshfields arbitration practice, Jan Paulsson is finally to have a base at its nerve centre in London, from which he will carry out academic duties at the London School of Economics and act as counsel and arbitrator “on an ever-more selective basis”.
ARGENTINA: Court clarifies competence-competence
Archive Article - Tuesday, 27 April 2010
Featured In: Volume 5 - Issue 2 (Vol. 5 Iss. 2)
Federico Godoy and Juan Sonoda of Beretta Godoy in Buenos Aires report on the latest clarification of a principle that has been going strong in Argentina for over 90 years, and what happened when an Argentine defendant sought to appeal a jurisdictional decision on the basis of the UNCITRAL Model Law
INVESTMENT TREATY ARBITRATION: ICSID tribunal denies interim relief following ship seizure
Archive Article - Tuesday, 27 April 2010
Featured In: Volume 5 - Issue 2 (Vol. 5 Iss. 2)
In August 2008, the government of Venezuela attempted to arrest and seize three vessels that were once owned and operated by its ICSID adversary, Cemex – aggravating an already bitter dispute, according to the Mexican cement company. The tribunal hearing the case refused to grant interim relief, saying that it was neither “urgent” nor “necessary” in the circumstances. Mathew Weiniger and Promod Nair of Herbert Smith report on a case that underlines the high threshold for provisional measures under the ICSID Convention
HONG KONG: Arbitral awards and sovereign immunity in the Hong Kong courts
Archive Article - Tuesday, 27 April 2010
Featured In: Volume 5 - Issue 2 (Vol. 5 Iss. 2)
Graeme Johnston, a partner at Herbert Smith LLP in Shanghai, analyses the important recent Hong Kong ruling in FG Hemisphere Associates v Democratic Republic of Congo.
FRANCE: Decision quashed after court inappropriately applies estoppel
Archive Article - Tuesday, 27 April 2010
Featured In: Volume 5 - Issue 2 (Vol. 5 Iss. 2)
The French Court of Cassation has ruled that a lower court inappropriately applied estoppel in refusing to set aside an ICC award in Merial v Klocke Verpackungs (Civil 1st Chamber, 3 February 2010). Isabelle Michou, a partner at Herbert Smith in Paris, says the decision is “unsurprising” in light of the parties’ behaviour in this case.
POLAND: Polish government celebrates good results in Eureko and Nordzucker
Archive Article - Tuesday, 27 April 2010
Featured In: Volume 5 - Issue 2 (Vol. 5 Iss. 2)
Tomasz Wardynski, senior partner at Wardynski & Wspólnicy in Warsaw, reports on the final resolution of two long running privatisation disputes that have been a drain on Polish resources for some years
MONEY COLUMN: Costs and third-party funding in international arbitration
Archive Article - Tuesday, 27 April 2010
Featured In: Volume 5 - Issue 2 (Vol. 5 Iss. 2)
Third-party funding of international arbitration claims has grown dramatically in the past few years. But can the third-party funder be subject to a costs award when the claimant loses? There may be no agreed answer to that question in international arbitration, but decisions of the English Court of Appeal in 2005 and a Florida intermediate appellate court late in 2009 may show us the way by analogy. Mark Kantor, an attorney in Washington, DC and a member of Global Arbitration Review’s editorial board, reports
RUSSIA: Court dismisses public policy arguments to enforce arbitral awards and interest
Archive Article - Tuesday, 27 April 2010
Featured In: Volume 5 - Issue 2 (Vol. 5 Iss. 2)
Russia’s highest judicial authority has ruled that foreign arbitral awards imposing interest on damages and costs are not unenforceable for public policy reasons, clarifying an issue that has long divided the courts. Alexander Muranov and Dmitry Davydenko of Muranov Chernyakov & Partners Law Firm in Moscow report
UK: Court of Appeal clarifies application of section 44 of the Arbitration Act 1996
Archive Article - Tuesday, 27 April 2010
Featured In: Volume 5 - Issue 2 (Vol. 5 Iss. 2)
Nathan Searle and Yacine Francis, senior associates at Lovells LLP in London, report on a recent Court of Appeal judgment in a dispute between African breweries, that gives guidance on when it may be possible to appeal an order granted by the English court in support of arbitral proceedings
Sir Ian Brownlie CBE QC, 1932 to 2010
Archive Article - Wednesday, 17 February 2010
Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)
The public international law world has been shocked and saddened by the death of Sir Ian Brownlie CBE QC.
Robert Briner, 1930 to 2009
Archive Article - Wednesday, 17 February 2010
Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)
Tributes have poured in for Swiss arbitrator Robert Briner, who died on 3 December aged 80.
Appeal court overturns Endesa decision
Archive Article - Wednesday, 17 February 2010
Featured In: Volume 5 - Issue 1 (Vol. 5 Iss. 1)
In a decision that some see as having more impact on practice than West Tankers, England’s Court of Appeal has held that a Spanish ruling about an arbitration must be given effect under EU law.
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GAR Volume 6 - Issue 6
What's next for the IBA arbitration committee? • Developments in Dubai • Freshfields lecture • Disposing of meritless claims.
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