GAR Volume 4 - Issue 1
By the numbers: 2008's casework figures
Bursting the Ragan Myth - loukas Mstelis's review of 2008 - Briefing
Features
Bursting the Ragan myth: Things it's no longer fair to believe about Japan
20 years ago, a view of Japanese arbitration process took hold that wasn't entirely true then, and is even less true now. Peter Godwin (partner) of Herbert Smith in Tokyo, explains
Community News
Beechey completes common law sweep at the ICC as ICSID finally confirms rumour
In what Parisian lawyers says is a first, the ICC Court has three common-law practitioners at its helm.
Crowell & Moring adds Bekker and Laird
Crowell & Moring has completed two partner-level lateral hires in the US, giving it a full-time arbitration partner in New York for the first time and adding to its public international law capacity.
ICDR opens in Bahrain
The International Centre for Dispute Resolution has signed an understanding with Bahrain's Ministry of Justice to establish a regional arbitral centre.
Linklaters in court for negligence in Levicom arbitration
Linklaters has found itself making unwanted headlings in the UK - over advice it gave a client fighting an international arbitration.
...a colleague sides with breakaway
A former colleague of Ehle's, Joachim Knoll has announced he is moving to Brown & Page, the enterprise founded by two former Lalive partners late last year.
Brower awarded ASIL medal
Charles N Brower has been awarded the Manley O Hudson medal by the American Society of International Law.
Case figures grow in second half of 2008
Case numbers at the international arbitration centres were higher across the board at the end of 2008.
Committee to continue Wälde's work
Charlotte Wälde, widow of Thomas, has created a committee of seven to take over her late husband's editing and moderating work.
Dechert promotes Foster
Dechert LLP has elected George Foster, from its New York office, as partner. Foster, 36, has been at Dechert since 2005, as an associate and then counsel.
Elraby to direct CRCICA
Nabil Elaraby of Zaki Hashem & Partners has agreed to become director of the Cairo Regional Centre for International Commercial Arbitration, following the tragic death of Mohamed Aboul-Enein.
HKIAC elects new council members
The HKIAC has elected Bing Woon Chan, Russell Coleman, Matthew Gearing, Kathryn Sanger, Huen Wong and Anna Wu to its council.
IBA chooses new committee officers
Argentine lawyer Guido Santiago Tawil of M & M Bomchil has taken over from Sally Harpole as co-chair of the International Bar Association's Arbitration Committee.
Kalderimis returns to New Zealand
Daniel Kalderimis, whose articles on UK arbitration developments many GAR readers will have enjoyed in the past two years, is returning to his native New Zealand.
Lalive promotes one while ...
Lalive, in Geneva, has promoted Bernd Ehle, 37, to partner.
Lenz & Staehelin elects Frey
In Zurich, Harold Frey has been made partner specialising in international arbitration at Switzerland's largest national firm.
Mauritius offers glimpse of the future
Curious how the next generation of arbitration acts may work? Look no further than Mauritius, suggest those familiar with the island's new arbitration act.
New international members at SCC
Nabil Elaraby (of the CRCICA), Margrete Stevens (once the most senior figure at ICSID), Michael Moser (chairman of the Hong Kong International Arbitration Centre) and Yu Jianlong (vice chairman and secretary general of CIETAC) have all joined the SCC's Arbitration Institute's board, as foreign members.
New rules in Madrid
Spanish lawyers have given a preliminary thumbs up to the newly revised rules of the Madrid Arbitration Court.
Ossa promoted in Chile
Paulsson leads new Miami institute
Miami University has announced that Jan Paulsson will spearhead a new institute for international arbitration on its campus.
Some big Paris names shuffle the deck
January had a hint of musical chairs to it in Paris:
Two's a crowd in Dubai?
As Dubai bids farewell to the IBA a public row rumbles on between the two local arbitral institutions, with the DIAC accusing its younger neighbour, the DIFC-LCIA, of false advertising, and damaging the Emirate's long-term prospects as an international arbitration host.
Vinge adds chair of SCC board
In something of a local coup, Johan Gernandt, chair of the board of SCC's Arbitration Institute, is joining Vinge.
White & Case elects von Krause
White & Case has elected Christophe von Krause, member of its Paris international arbitration group, to partner
Yeoh promoted in Hong Kong
O'Melveny & Myers has promoted Friven Yeoh, 37, to its partnership.
Surveys
A look back at 2008
The GAR year traditionally begins with Professor Loukas Mistelis's (director of the School of International Arbitration, Queen Mary, University of London) look at the year just gone. This outing's observations include two strong "themes", an emerging pervasive issue and an exponential growth in "pre-mooting"
Global Briefing
TREATY ARBITRATION: TSA Spectrum - tribunal opts to pierce the corporate veil
A recent ICSID award adopts a narrow interpretation of investor nationality by piercing the corporate veil. By Matthew Weiniger (partner) and Matthew Page (associate) of Herbert Smith LLP
CONSTRUCTION: New Swedish disputes procedure in industry terms
Changes to the bible of Swedish construction terms mean more disputes going to court rather than arbitration. By Anders Reldén (partner) and Caroline Snellman (associate) of White & Case LLP
NETHERLANDS: Dissenting opinion insufficient to heal flaw in signing
The Dutch Supreme Court says a - reasoned - dissenting arbitral award is still insufficient to satisfy the signing requirement of Dutch law. Nor can such a defect be rectified. By Thabiso van den Bosch, partner of Conway & Partners
SWITZERLAND: Expert determination, or arbitration?
When is expert determination in fact arbitration? The Swiss Supreme Court recently gave guidance on telling them apart. By Phillip Landolt (partner) of Charles Russell LLP in Geneva
UK : Court of Appeal upholds partial enforcement
The Court of Appeal of England and Wales says uncontested (or, in the court's opnion, uncontestable) parts of international awards have immediate enforceability under the New York Convention. Peter Flint (partner) and Monique Matosian-Bharucha (legal assistant) of Barlow Lyde & Gilbert explain
UK: Security for costs and counterclaims - some guidance
A recent UK decision offers help on how to deal with counterclaims brought by an impecunious defendant. By Claudia Ludwig (associate) of Skadden Arps Slate Meagher & Flom (UK) LLP
ARGENTINA: Decision behind National Grid injunction released
Federico Godoy and Juan Sonoda of Beretta Godoy examine the Court of Appeal's justifications for injuncting an investment arbitration under UNCITRAL rules - which it has just made public
CONSTRUCTION: Can adjudicators decide their jurisdiction?
A recent UK decision gives adjudicators more power than previously thought. James Bowling of 4 Pump Court* explains
MAURITIUS: The new Mauritian international arbitration act: the future?
Mauritius recently enacted an international arbitration law with several design features not seen before. Salim Moollan (Essex Court Chambers, and the Chambers of Sir Hamid Moollan QC, Mauritius), who assisted with its drafting, explains the origin of the act and its key features
MONEY COLUMN: Proposed accounting standard could divulge tactical information
A proposed change to US accounting standards has ramifications for corporations defending large claims - they may have to tip their hand to the opposition. Mark Kantor explains
Conference Reports
"You say e-discovery, I say e-disclosure... "
A recent ICDR Y&I event offered constructive advice, and plain speaking, on the issue of information exchange in the e-discovery era. By Kalani Hawks of Fulbright & Jaworski
Breaking down the EU-investment arbitration debate
European lawyers and investment arbitration specialists broke ground on a key debate in December: the interrelation of their different fields. By Markus Burgstaller (Lovells, London)
China-Latin American arbitrations: handling a novel combination
Miami Beach was the setting for the first-ever event entirely about proceedings that bridge China and Latin America. By Adolfo Jimenez, partner of Holland & Knight LLP
Swiss Rules - five years on
The Swiss Rules are now five years old. The ASA's Geneva group recently reviewed their track record, and asked what the future holds. By Sam Moss of Lalive
Is there common ground between legal, business and political circles about investment arbitration?
The German round table on investment arbitration held its fourth edition late last year. Markus Perkams, of Clifford Chance, reports
Murdoch University wins inaugural "Skadden Arps FDI moot"21
Organisers of the FDI moot took authenticity to new levels with the first edition. By Timothy Nelson of Skadden, Arps, Slate, Meagher & Flom LLP (New York)
Triple Colloquium - 2008
Speakers at the Triple Colloquium looked at how international arbitration must adapt to ensure another 25 successful years. By Ariel White of Freshfields Bruckhaus Deringer
Interviews / Q&A
Carmen García Zumarán
Transierra SA
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