GAR Volume 3 - Issue 4
Spain opens up
Adriana Batan - Global briefing - Latest cases
Spain is no longer problematic when it comes to interim relief. Álvaro López de Argumedo (partner) and Marco de Benito (senior associate) of Uría Menéndez explain
Spanish arbitrators remain cautious about using partial awards. Oscar Franco, associate at Ashurst, explains more
Spain has many arbitral institutions, but few have the caseload of the Spanish Court of Arbitration.
Have Spain’s judges stuck to the spirit of the new arbitration law? Joe Tirado (partner) and Justine Rosset (associate) of Norton Rose LLP, and Carlos de los Santos (partner) and Margarita Soto (associate) of Garrigues report
José Miguel Júdice
Chair of the Portuguese chapter of the Spanish Arbitration Club. Founding partner, PLMJ
Chair of the Florida chapter of the Spanish Arbitration Club. Partner, Squire Sanders & Dempsey LLP
Chair of the French chapter of the Spanish Arbitration Club. Founding partner, Castaldi Mourre & Partners
Chair of the Venezuelan chapter of the Spanish Arbitration Club. Independent arbitrator
Spain’s law gives arbitrators just six months to produce awards. Is that too aggressive? Alejandro López Ortiz, senior associate of Lovells LLP’s Madrid office, decides
José María Alonso is chairman of the Club Español del Arbitraje. He talked about how Spain now has specialist arbitration judges, and other improvements in support for arbitration, with Sarah Dookhun
The Stockholm International Arbitration Review has a new general editor: Stephen Bond, co-head of international arbitration at White & Case LLP.
The China International Economic and Trade Arbitration Commission has appointed two individuals with reputations outside China to its expert committee.
Those wishing to participate in the reform of English construction law have until 12 September to comment on a draft bill.
Dubai’s Jumeirah Group has chosen Herbert Smith LLP to be the arbitration and litigation firm on its legal panel.
The IBA’s arbitration committee is to review the IBA Rules of Evidence in International Commercial Arbitration, to coincide with their 10th anniversary. The review should be complete by autumn 2009.
The ICC has been in recruiting mode for North America, to fill the gap created by the departure of Nancy Thevenin.
The ICC International Court of Arbitration has added two members: Alexiev Assen of Bulgaria and Narcisco Cobo Roura from Cuba. Their arrival means the court now consists of 127 members, from 90 countries and territories.
The ICC is seeking regional committee members for its global forum designed for lawyers and in-house counsel under 40.
One of ICCA Dublin’s more memorable speakers has been elected chairman of the Bar Council of Ireland.
Latin America provides the common thread to a series of recent announcements from international arbitration groups.
Madrid’s Court of Arbitration will unveil a modernised set of rules in November, its new counsel Elena Gutiérrez says.
The Karachi Centre for Dispute Resolution in Pakistan has joined the Asia-Pacific Regional Arbitration Group. APRAG was established in 2004, in part so that members could participate in UNCITRAL discussions. Its initial list of 17 arbitral centres has grown to more than 30.
Lord Falconer of Thornton QC - until recently a high-profile member of the UK government - has joined Gibson Dunn & Crutcher LLP’s dispute resolution practice.
Spain’s arbitration bar continues to debate how it might attract cases. By Sarah Dookhun
The UN is in the process of selecting a new secretary of UNCITRAL, to succeed Jernej Sekolec, who retired at the end of July.
Young-OGEMID has gone live, in a free trial format that will last until November. OGEMID was set up by Professor Thomas Wälde. It was originally a discussion group of about 25 people, made up of PhD students at his faculty in Dundee, faculty staff, and a limited number of external colleagues. OGEMID now has over 825 members, including many senior practitioners.
Who’s Who in Spain’s international arbitration community? The following 21 individuals come recommended. By Sarah Dookhun
The High Court in London has refused to enforce a Saudi Arabian claimant’s ICC award against Pakistan, in a decision that’s sure to ignite debate among students of the New York Convention.
An LCIA tribunal has concluded an "amicable arbitration" between two oil and gas investors, allowing drilling to commence in a block off West Africa.
A tribunal has declined to award any damages to Anglo-German investor Biwater-Gauff in its ICSID claim over a failed water privatisation project.
Kenneth Keith QC of New Zealand will chair the tribunal hearing ConocoPhillips’ ICSID claim against Venezuela over the nationalisation of its oil assets in the Orinoco belt.
An ICSID tribunal has ruled against hotel company Helnan in its claim against Egypt, despite agreeing that the state’s conduct was "suspicious".
The row between BP and its Russian partners in TNK-BP has pulled in two more law firms, as arbitration in Stockholm looks even more certain.
The ICC has launched a group for up-and-coming arbitration specialists. Jan Schaefer (senior associate, Frankfurt) and John Templeman (associate, London) of Allen & Overy LLP explain how it will work
An ICSID tribunal has refused to penalise Turkey for conducting surveillance on a claimant and its counsel, but has insisted the state separate the activities of criminal authorities from an Energy Charter Treaty arbitration.
Petrobras has begun arbitration to avoid purchasing the remainder of a refinery in Texas.
Spiralling legal fees haven’t stopped talks breaking down in Poland’s longest running post-privatisation disputes. By Tomasz Wardyñski of Wardyñski and Partners
Samsung has failed to persuade an ICC panel to place it in the same position as Nokia in a pair of long-running disputes with InterDigital over 2G and 3G technology.
A Madrid court of appeal has said removal of an arbitrator by the ICC Court is no ground for challenging an award in a parallel arbitration. By Cristian Conejero Roos
An ICSID tribunal has adopted a wide definition of "nationality" under a bilateral investment treaty in determining jurisdiction. By Matthew Weiniger (partner) and Matthew Page (associate) of Herbert Smith LLP
An ICSID tribunal has dismissed a US company’s claim against the Democratic Republic of Congo because it falls outside the US-Congolese bilateral investment treaty.
Argentina is expected to use the evolving corruption scandal at Siemens as grounds to challenge a US$300 million ICSID award.
A court of appeal recently said "no". It also considered the topical issue of "constitutionality". By Juan Sonoda of Beretta Godoy
A US federal judge has restored funds to Bolivian telecoms company Entel, after ruling they were improperly awarded to the company’s foreign investors.
This is a new addition to GAR’s Global Briefing - a column on construction arbitration. Phillip Capper, partner at White & Case in London, discusses issues for construction industry cases
French dairy group Danone remains bound by a ruling that it never properly registered its Chinese intellectual property, after a local court refused to set aside an arbitral award.
The European Union encourages investors to use a particular corporate vehicle. But what are the implications for coverage of such a vehicle under investment treaties? By Joshua Fellenbaum (consultant) of Clayton Utz*
Gazprom has won the first of four separate arbitrations against Moldova’s main gas company.
What happens if an expert on your payroll turns out to be a - very - unreliable witness? Can you proceed against the consulting firm whence he or she came? It depends. By Mark Kantor, independent arbitrator in Washington, DC and member of Global Arbitration Review’s editorial board
Nicaragua has become one of the first governments to initiate arbitration at ICSID in a dispute with a Spanish hotel group.
Many distribution agreements are governed by Swiss law. A recent ruling of the Supreme Court extends the scope for distributors to claim indemnification. By Phillip Landolt, partner of Charles Russell LLP, Geneva
A London tribunal that included Cherie Booth QC, wife of the former British prime minister Tony Blair, has awarded damages to a US energy company in a dispute over a steelworks.
Author: John W Hinchey and Troy L Harris
645 pp, plus 36 appendices (annual supplements projected)
Publisher: Thomson Reuter/West
Author: Mark Kantor
Publisher: Kluwer Law International
Company: Techint Engineering & Construction Companies
Title: General counsel
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