GAR Volume 3 - Issue 6
Features
Thomas Wälde 1949-2008
Recently, Thomas Wälde explained in a recording that his life's aim was to understand "what lay underneath the emperor's clothes, and to reveal and explain this truth, however unpalatable it might be to listeners".
Dissents, concurrences and a necessary divide between investment and commercial arbitration
Individualism by arbitrators shouldn't be suppressed - in investment cases. By Laurence Shore (partner) and Kenneth Juan Figueroa (associate) at Gibson Dunn & Crutcher LLP in New York
Community News
Under-40 groups get organised
Leaders of several arbitration groups for young practitioners met recently to discuss cooperation and create an informal umbrella body, the "Co-Chairs' Circle". Meanwhile, two of those groups have reorganised their leadership teams.
History repeating itself in latest Argentine rows?
Recent moves by the government of Argentina to nationalise pension funds and renationalise struggling airline Aerolíneas Argentinas are turning "ugly", according to one lawyer close to events.
IAI holds inaugural forum
The International Arbitration Institute recently held a retreat at the Château du Clos de Vougeot in Burgundy. Around 50 people attended the weekend forum, which included a wine tasting and a round table on "The Review of International Arbitral Awards".
ICC Court focuses on Hong Kong and Eastern Europe
The ICC Court Secretariat has launched an Asia office in Hong Kong.
Murdoch University wins inaugural FDI moot
A team from Murdoch University in Western Australia beat more than 20 student teams to win the inaugural Foreign Direct Investment Moot, which took place at Suffolk University in Boston, Massachusetts.
Rwanda signs New York Convention
On 31 October, Rwanda signed the New York Convention, hoping to attract more foreign investment. The convention will enter into force on 29 January 2009. It is the 143rd state to sign, and the 32nd in Africa.
SCC releases rules in Arabic
The Stockholm Chamber of Commerce has released its rules and model arbitration clause in Arabic, which can now be found on the SCC website.
Three new arbitration boutiques launched
Prominent international arbitration specialists Dominique Brown-Berset, Carita Wallgren-Lindholm and Jacomijn van Haersolte-van Hof have all left their respective firms to establish arbitration boutiques.
UAE joins Permanent Court of Arbitration
The UAE has become a member of the Permanent Court of Arbitration at The Hague.
Washington launches international arbitration club
Forty Washington, DC lawyers have launched an international arbitration club, making DC the second US city with such a club, after Houston.
Roundtables
High noon a round table over unpaid ICSID awards
For the past four years, Argentina and former investors in its infrastructure and utilities have been going at it before international tribunals.
Global Briefing
SWITZERLAND: Guarantor can be held to arbitration by "operation of law"
A new decision has seen the Swiss Supreme Court clarify and "supplement" its case law on the inclusion of a guarantor in an arbitration between a creditor and a principal debtor. Phillip Landolt (partner) of Charles Russell LLP in Geneva reports
Yukos case begins in The Hague
It is up to a team from Shearman & Sterling LLP to show that Russia is bound by an unratified multilateral treaty in a US$50 billion arbitration.
Argentina must provide assurance, committee says
Another ICSID committee has shown misgivings over Argentina's willingness to pay arbitral awards against it, demanding that the state provide a written guarantee that it will pay the award in the Vivendi case.
ARGENTINA: Two decisions confirm favourable climate
A pair of cases shows Buenos Aires courts keeping a respectful distance from arbitrators' decisions. By members of Beretta Godoy
Chile pays full amount
Chile has paid US$8.6 million to a Malaysian engineering and construction company, proving that ICSID cases can avoid controversy.
Court of Appeal allows enforcement in part
The Court of Appeal in London has said that a company can seek to enforce US$53 million of a Nigerian arbitration award under the New York Convention, even though the award is still subject to a challenge in Lagos.
Deripaska files against Montenegro
Undistracted by financial difficulties and a political furore in the UK, Russian metals billionaire Oleg Deripaska has filed a US$396 million claim against the government of Montenegro.
Firm's withdrawal ends licence dispute
A US biotech company and a leading Korean pharmaceutical company have settled their dispute after counsel to the US side, Korean law firm Bae Kim & Lee, withdrew.
INVESTMENT ARBITRATION AND FINANCIAL CRISIS: The global financial crisis and BITs
Could the aid being offered to banks in some countries attract investment arbitration claims? Joshua Fellenbaum (consultant) of Clayton Utz in Sydney and Christopher Klein (MBA candidate) of the IE Business School, Madrid, examine investors' options
Kazakhstan and Helnan request annulment
Parties in two of ICSID's high-profile disputes have filed annulment requests. The requests have been filed by Kazakhstan and Helnan International Hotels.
MONEY COLUMN: The meaning of "substantially similar"
Does experience gained as an arbitral party count when being appointed as an arbitrator? Mark Kantor, Washington, DC attorney and a member of Global Arbitration Review's editorial board, tells the saga of Harry V Ruffalo
Petrobras takes over Texas refinery following interim award
An arbitral tribunal has told Brazil's state-run oil company Petrobras it will have to buy out its partner in a Texas refinery.
POLAND: Polkomtel owners ready to settle?
After two years of wrangling, arbitration in Vienna, and related litigation in Poland, the future of Polkomtel looks on the point of being resolved. By Tomasz Wardyñski (partner) of Wardyñski & Partners
SWEDEN: SCC- Arab world: "We all speak arbitration"
"Keep it simple" advised speakers at a recent Bridging the Gap event between Arab-Western arbitration practioners. Kristina Assouri (attorney) of Vinge, reports
Total subsidiary asks for Lagos court dismissal
A dispute between a subsidiary of Total and a Nigerian oil company has intensified, after the Nigerian side sought an anti-suit injunction from a Lagos court.
Tribunal clears way for Guatemala claim
An ICSID claim against Guatemala will proceed, after a tribunal issued the first jurisdictional decision under DR-CAFTA.
US: New decision on 28 USC section 1782
The latest decision on 28 USC section 1782 strikes a sensible balance between helping tribunals and discouraging vexatious requests, says Martin Illmer of the Max-Planck-Institute for Comparative and International Private Law in Hamburg
Claim surfaces against Papua New Guinea
It has emerged that a US businessman is bringing a US$50 million claim against Papua New Guinea over unpaid commission.
CONSTRUCTION: The credit crunch and construction projects - employers' liability if funding collapses?
Paul Cowan, partner at White & Case in London, looks at legal issues that could arise if an employer were to lose its source of funding for a construction project.
Derailment and delay tactics: some possible solutions
Distinguishing derailment from zealous representation is never simple. Wolfgang Peter (partner) of Python & Peter, Geneva, offers practical guidance on how to draw the line, and how to apply counter-pressure within the limits of arbitration rules and arbitration acts
GERMANY: German lawyers - "Our part in the Model Law and NYC reform"
The German Institution of Arbitration recently held its second event of 2008. The programme celebrated the international impact of German arbitration law. A key speaker supported the notion of a New York Convention II. By Dmitry Marenkov of Germany's Office of Foreign Trade in Cologne
INDIA: UNCITRAL and others seek to spur institutional format
If government officials stopped challenging awards, India's arbitration practice might take a much needed step forward. By Sarita Patil Woolhouse (barrister) of No5 Chambers, England
SWITZERLAND: ASA and Zurich Bar Association: the expectations of users
A Swiss conference focused on the users' perspective. It asked, among other things, who is to blame for excessively slow proceedings? By Daniel Hochstrasser of Bär & Karrer
TREATY ARBITRATION: Interim relief easier under UNCITRAL Rules?
Paushok v Mongolia suggests there may be more scope for obtaining interim relief in disputes heard under the UNCITRAL Rules. By Matthew Weiniger (partner) and Matthew Page (associate) at Herbert Smith LLP
UK: CEDR Awards 2008
CEDR's Awards for Excellence now draw a global audience, reports Christopher Newmark (partner) of Spenser Underhill Newmark LLP
US court affirms section 1782 trend
Another US court has said that parties engaged in foreign arbitration can rely on section 1782 of the United States Code to secure evidence.
Book Reviews
Electronic Disclosure in International Arbitration
Editor: David Howell
Price: US$125
Publisher: Juris
Price: US$125
Publisher: Juris
Costs in International Arbitration: A Central Eastern and Southern Eastern European Perspective
Author: Günther Horvath, Christian Konrad, Jenny Power (editors)
Price: £153
Publisher: Linde Verlag Wien
Price: £153
Publisher: Linde Verlag Wien
The Oxford Handbook of International Investment Law
Author: P Muchlinski, F Ortino,
C Schreuer (editors)
Price: £120
Publisher: OUP
C Schreuer (editors)
Price: £120
Publisher: OUP
Corporate Counsel
Ashok Sharma
Company: MMTC Limited
Title: General counsel
Age: 55
Title: General counsel
Age: 55
Interviews / Q&A
Sir Anthony Evans QC
The Chief Justice of the Dubai International Financial Centre courts discusses the set up of the DIFC courts, what makes the centre unique and where he calls home
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