GAR Volume 4 - Issue 2
Roundtable: Solving the time and cost conundrum
Schlosser on the Heidelberg Report - Cases of the month - Sanofi Aventis Interview
Features
A short explanatory defence of the Heidelberg Report
Any day now, the European Commission will release its response to the Heidelberg Report. That report suggested removing the arbitration exemption from the Brussels Regulation and replacing it with a new interface between courts and international arbitration. The report has drawn a strong reaction in some quarters. Here, Peter Schlosser, professor emeritus at the University of Munich, who helped write the report, defends it. He argues that "selective and prudent" coordination of arbitration laws within the EU would have less impact than many assume
Community News
Dates for the diary
"The Future of Transnational Litigation" Vienna, 4 to 5 June
Spanish Arbitration Club announces new officers
Antonio Hierro (Cuatrecasas, Gonçalves Pereira) and Jesús Remón (Uría Menéndez Abogados) are the next chairs of the Spanish Arbitration Club. They're replacing the organisations first chair José María Alonso (Garrigues).
Bae Kim & Lee hires former ICC counsel for Asia
Korea's claim to be Asia's star arbitration performer was strengthened recently, when the ICC counsel for Asia chose a firm from Seoul over options in London, Brussels, New York or Paris.
Dates for the diary
"50 years of BITs" Frankfurt, 1 to 3 December
DGL celebrates launch
Paris's arbitration bar toasted the success of the city's newest arbitration boutique, at a cocktail party at the Musée Cernuschi.
DIAC appoints female deputy director
Jehad Kazim has been appointed deputy director of the Dubai International Arbitration Centre, making her the most senior Emirati woman in arbitration in the Gulf region.
Former Linklater colleagues re-unite at Hannes Snellman
Hannes Snellman has hired Magnus Eriksson, 39, from Linklaters for its Stockholm office.
Freshfields promotes Mohtashami, building in the Middle East
Freshfields Bruckhaus Deringer's international arbitration group continues to branch out. After a series of transformative steps in the US last year, in 2009 its focus has been the Middle East.
Hughes Hubbard & Reed hires lateral Paris team
Hughes Hubbard & Reed has added a three-person disputes team to its Paris office.
Judith Gill and Peter Rees - now QCs
For a second year, solicitors who focus on international arbitration have been recognised in the UK's QC selection process.
Kaufmann Kohler leaves UBS board
Gabrielle Kaufmann Kohler has stepped down from the board of directors of Swiss bank UBS. Kaufmann Kohler said she was doing so, in part, to preserve the work done on a current case.
King & Spalding expands European capability
King & Spalding, famous for investment arbitration, last month announced a push into the European arbitration market.
LCIA India - it's official
It's official: as this magazine goes to press, many of arbitration's great and good are converging on New Delhi to celebrate the launch of LCIA India - a local arm of the London Court of International Arbitration. More details will be given in Delhi on 18 April.
Lebanon appoints El-Ahdab to ICSID panel
Lebanon has appointed Abdel Hamid El-Ahdab, the chair of the Arab Association for International Arbitration, as its second appointee to the ICSID panel of arbitrators.
New president for Korean arbitration centre
Jae-Moon Doh has taken over as president of the Korean Commercial Arbitration Board.
Pryles to chair new look SIAC
After 18 years of Singaporean leadership, the Singapore International Arbitration Centre has brought in a series of international figures to its board, including an Australian chairman.
Rowley focuses on arbitrator role full-time
J William Rowley QC has given up his equity partnership at Canadian firm McMillan, to focus on his arbitration practice.
SCC launches new website
The SCC has revamped its website, adding a fully stocked arbitration e-library.
Skadden's European team has five partners in London
Who has the biggest international arbitration team in London? Freshfields Bruckhaus Deringer, Allen & Overy, Clifford Chance, Herbert Smith... Wilmer Hale?
Roundtables
The dynamic of time and cost
When everyone knows the magic formula, why aren't more arbitrations efficient? Global Arbitration Review asked three teams - one of arbitrators, one of advocates and one of in-house counsel - to explore the issue, in a three-way round table
Global Briefing
NEW ZEALAND: Arbitration Appeals Tribunal now operative
Appeals against awards rendered in New Zealand can now go to the Arbitration Appeals Tribunal, thanks to the formation of its appointing authority. Campbell Walker (partner) of Gilbert Walker reports
South African court gives arbitrator free rein over process
South Africa's Constitutional Court has refused to criticise an arbitrator accused of holding "secret meetings" with one of the sides.
KOREA: Arbitration goes K-pop
In a further sign of approval for arbitration, a KCAB clause is likely to go into many contracts between the stars of Korean music and film and their managers. By Youngjin Jung (partner) at Yulchon Attorneys, in Seoul
SWITZERLAND: Federal Tribunal annuls CAS award over due process fear
The Swiss Federal Supreme Court recently overturned a sports arbitration award because the arbitrators relied on a non-applicable Swiss law. Alison Ross explains how the court justified its rare decision to interfere
TREATY ARBITRATION: The ECJ denounces two member states' BITs
Europe's court has decided that Austria and Sweden have failed in their duties under certain parts of the EC Treaty. By Matthew Weiniger (partner) and Matthew Page (associate) of Herbert Smith in London
Tribunal to hear expropriation claims against Russia
A tribunal has said it will hear Spanish investors' expropriation claims against Russia in a Yukos-related case, under a narrowly worded BIT arbitration clause.
Arbitrators in Sweden face fee revisions
Arbitrators may think twice about sitting in Sweden following a recent ruling of the Supreme Court.
ARGENTINA: Contradictory ruling on fees can be reconciled
The court of appeal in Buenos Aires has refused to annul an award while simultaneously altering the arbitrator's decision on fees. The arbitration department of Beretta Godoy explains the - apparently - contradictory decision.
Bank files against Sri Lanka
Deutsche Bank has filed a claim at ICSID against the Sri Lankan government for failing to make margin payments in a derivatives contract with the state's national oil company.
CONSTRUCTION: London 2012 and the growth of multi-tier provisions
Multi-tier dispute resolution provisions seem to grow ever more complex. Ellis Baker (partner) of White & Case in London explains why they are popular
French court rules on ICC liability waiver
The ICC could face damages claims if it administers an arbitration poorly, according to a French decision.
MONEY COLUMN: Arbitrating legal fee disputes -
Worried that clients won't pay up? It could be worse - you could be a law firm in Texas. Mark Kantor, Washington, DC attorney and a member of Global Arbitration Review's editorial board, explains
Orascom and France Telecom clash over ICC award
Dechert LLP and Skadden Arps Slate Meagher & Flom LLP are the law firms advising the two companies at the centre of an arbitration-related row in Egypt over the sale of local mobile phone operator, Mobilnil.
UK: West Tankers - how arbitrators could respond
Arbitrators in London have the powers to support arbitration agreements directly, if they so chose. David Howell (partner) and Sarah Thomas (associate) of Fulbright & Jaworski LLP outline the tribunal's powers and the issues that could arise
Conference Reports
UNCITRAL: UNCITRAL Working Group II - February meeting
The recent working group meeting made it from article 18 to article 26. GAR staff writers sought reactions to some of the changes.
CHINA: SCC in China
In late February, the SCC and Vinge put on two events in mainland China. Hans Bagner (partner) of Vinge reports
GERMANY: The Seventh Petersberg Arbitration Day
This year's Petersberg event focused on in-house management of disputes. Ulrike Gantenberg (partner) of Heuking Kühn Lüer Wojtek in Düsseldorf reports
AUSTRIA: Vienna Arbitration Days - 2009
This year's big Central European arbitration event dealt with crime, mandatory law, best practice, user expectations, and sea elephants, as Katarina Hruskovicova (associate) of Schönherr Rechtsanwälte GmbH reports
SWITZERLAND: ASA Conference - the search for "truth" in arbitration
In early February 2009, the Swiss Arbitration Association (ASA) held its annual full-day conference in Zurich. By Bernhard Berger (partner) of Kellerhals Attorneys at Law, Switzerland
UNITED STATES: ITA-ASIL - "when arbitrations go bad"
The title could have come out of Hollywood. Was this year's ITA and ASIL joint event a blockbuster? Andrew Newcombe (professor) of the Faculty of Law, University of Victoria (Canada) attended and now reports
Book Reviews
State Entities in International Arbitration
Authors: Emmanuel Gaillard and Jennifer Younan, editors
Price: US$125
Publisher: Juris Publishing
Comparative Law of International Arbitration (2nd edition)
Authors: Jean-François Poudret and Sébastien Besson,
Price: £209
Publisher: Thomson Sweet & Maxwell
Price: £209
Publisher: Thomson Sweet & Maxwell
Investor-State Arbitration
Authors: Christopher F Dugan, Don Wallace Jr, Noah D Rubins, Borzu Sabahi
Price: US$185
Publisher: Oxford University Press 2008
Price: US$185
Publisher: Oxford University Press 2008
The Reasons Requirement in International Investment Arbitration: Critical Case Studies
Authors: Guillermo Aguilar Alvarez & W Michael Reisman (editors)
Price: US$149
Publisher: Martinus Nijhoff Publishers
Price: US$149
Publisher: Martinus Nijhoff Publishers
Interviews / Q&A
Arthur Muratyan
The vice president, head of legal corporate and global compliance officer of Sanofi Aventis discusses what he looks for in arbitrators and what skills are most important
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