GAR Volume 3 - Issue 3
Are the cracks showing?
Activity figures from institutions - "Quicker" - Global briefing - Argentina's win
Features
BRAZIL - Insolvency and arbitration
A recent Brazilian case sheds light on how arbitrators can approach the problem of an insolvent party. By Marina Mendes Costa, assistant counsel of the International Court of Arbitration, at the ICC
NY CONVENTION V HYPOTHETICAL CONVENTION - A closer look at the proposed
Birthday’s can be fraught occasions. The New York Convention’s 50th birthday event took a twist - when the foremost authority on the convention, Albert Jan van den Berg, suggested the star of the show was showing its age. It should be replaced he said.
Quicker, Dublin
On the middle evening of the recent ICCA Congress, Global Arbitration Review held its own mini conference
ENFORCEMENT OF ARBITRATION CLAUSES - Australian court opts for archaic, rather than Arkansas
Old statutes can pose a problem when seeking to enforce international arbitration clauses.
Or... not, depending on the judge. Two recent cases show an intriguing difference in approach. By Tim Griffiths, partner of HWL Ebsworth, Sydney
Or... not, depending on the judge. Two recent cases show an intriguing difference in approach. By Tim Griffiths, partner of HWL Ebsworth, Sydney
INDIA - Lessons from the Indian Arbitration Act
In a follow-up to our focus on India earlier this year, partner Joseph Tirado and associate Daniel Perera of Norton Rose LLP offer five strategies to ensure arbitration proceedings in India run smoothly
INSTITUTIONAL ACTIVITY - Statistics from arbitral institutions for 2007
Each year, we ask the leading international arbitral institutions to provide statistics on their case-load from the previous year. Here is the survey on 2007, along with comparisons from 2006
Interim Relief - Taking appropriate intervening measures
Petroleos de Venezuela SA provided some guidance on how English courts will approach interim refief, prompting the thought - how does that compare with the position elsewhere? Emmanuelle Cabrol (Herbert Smith, Paris), Hagit Elul (Hughes Hubbard, New York), Jurjen de Korte (Stibbe, Amsterdam), Claudia Krapfl (Gleiss Lutz, Stuttgart), Melissa Magliana (Homburger, Zurich) and Chris Parker (Herbert Smith, London) provide the answer
Community News
Freshfields and King & Spalding open offices in Abu Dhabi
Freshfields Bruckhaus Deringer LLP and King & Spalding LLP have added to their networks in the Gulf region by opening offices in Abu Dhabi. Each already has an office in Dubai.
SCC and HKIAC forge cooperation agreement
The Arbitration Institute of the Stockholm Chamber of Commerce and the Hong Kong International Arbitration Centre are developing a means to jointly administer investor-state arbitrations under the UNCITRAL rules. The facility will be used in cases where the parties straddle Europe
and Asia.
and Asia.
US and the Netherlands add to ICSID panels
The Netherlands has appointed Albert Jan van den Berg, Jacomijn van Haersolte-van Hof, Otto de Witt Wijnen and Jan Dalhuisen to its slots on the arbitrator panel at ICSID.
A new New York Convention?
The leading academic on the New York convention has suggested the text and structure are suffering from wear and tear - and should be revamped.
AAA announces disclosure guidelines
The American Arbitration Association has introduced guidelines on disclosure and information exchange, aimed at promoting "efficiency and economy" in international arbitration.
Beechey and Soo take reins at ICC and HKIAC
The ICC International Court of Arbitration has completed its search for a new chairman. From next January it will be led by John Beechey. Until then, Carl Salans will serve as interim chair.
Bookings open for ICC's hearing centre
The ICC has begun taking reservations for its new arbitration hearings facility, which opens on 20 October. The facility in Paris can be booked for institutional or ad hoc arbitrations and other amicable dispute resolution procedures.
CAS chooses Beijing Olympics arbitrators
The Court of Arbitration for Sport in Lausanne has announced the arbitrators who will make up the 12-person ad hoc committee to hear disputes at the Beijing Olympic Games.
Dublin enjoys the ICCA glow
Come back, Ireland’s politicians told the world of international arbitration this week. And next time, not just for a break.
IBA and UNCITRAL complete convention project
After 10 years, the International Bar Association’ and UNCITRAL have finished their report on how states implement the New York Convention.
ICCA launches new website
The International Council for Commercial Arbitration’s new website is now operational, with all new features - including the IBA’s video homage to Pieter Sanders.
Judith Levine joins PCA
he Permanent Court of Arbitration has hired Judith Levine, 32, as legal counsel.
Mistelis and PwC release survey
Loukas A Mistelis, a professor at Queen Mary University of London, and Pricewaterhouse Coopers LLP have released a survey on levels of compliance with international arbitral awards.
Thomas joins BLG and Hamilton leaves MMM
One of Spain’s arbitration names has opted to go solo, while one of Canada’s has decided to amalgamate his boutique with a much larger firm.
Global Briefing
Argentina wins its first "emergency law" case
Argentina has won an investment treaty arbitration against two Chilean investors over emergency measures taken during the 2001 crisis, despite a number of losses for the country in similar cases.
Co-arbitrators reject challenge to Kaufmann-Kohler
Argentina has failed to disqualify Gabrielle Kaufmann-Kohler from hearing three water privatisation claims, over her non-executive directorship of a Swiss bank. Kaufmann-Kohler’s co-arbitrators on the panel rejected Argentina’s arguments recently.
Fortier to chair Jordan denial of justice claim
Canada’s L Yves Fortier CC QC will chair the ICSID tribunal that is deciding a Turkish construction company’s claim against Jordan over an annulled arbitration award.
LATIN AMERICA: The proposed UNASUR court - a comment
Twelve Latin American nations recently paved the way for a pan-regional court. Christian Leathley counsel at Clifford Chance in New York examines whether some of the sponsor’s lofty hopes for that court are realistic
More claims filed against Ecuador
Freshfields Bruckhaus Deringer LLP is advising Repsol in the latest arbitration to be requested against Ecuador over the government’s windfall levy on foreign oil revenues.
TREATY DISPUTES: Stay of execution and the case against Argentina
Argentina’s failure to pay awards creates an issue for annulment committees. By Matthew Weiniger (partner) and Ingrid Elliott (senior associate) of Herbert Smith LLP
Ukraine wins annulment of Norsk Hydro award
The Swedish Supreme Court has ended a US$20 million arbitral award against Ukraine, confirming an earlier annulment for lack of arbitration agreement.
African pipeline dispute goes to London
Partners in a project to extend a Kenyan petroleum pipeline into Uganda have taken a dispute to ICC arbitration in London.
ARGENTINA: Strict application of New York Convention sinks award
An Argentine court has refused enforcement because of the "lack of a written" agreement. But the judgment isn’t entirely negative, reports Juan Sonoda, of Beretta Godoy
LATIN AMERICA: Metalpar v Argentina award
Argentina has won an "emergency law" case - its first - about measures adopted between 2001 and 2002. Our Latin America correspondent Sylvia Noury, counsel at Freshfields Bruckhaus Deringer in London, reports
POLAND: Clock ticking in Polkomtel dispute
A partial award has put four Polish companies in pole-position to gain control of Polktomel. But Vodafone, the losing side, has no incentive to quit the fight. Tomasz Wardyñski of Wardyñski & Partners reports
THE MONEY COLUMN: Sports damages?
The Court of Arbitration for Sport has rejected a Scottish football club’s claim for lost transfer fees connected to a defender who jumped to another club during a contract dispute. Mark Kantor, Washington DC attorney and a member of Global Arbitration Review’s editorial board, reports
US court affirms award from Salvadorean telecoms dispute
A Miami court has confirmed an arbitral award to Americatel from a dispute in El Salvador, even though the losing side says the matter is now before the Salvadorean Supreme Court.
Corporate Counsel
CORPORATE COUNSEL - Valentina Ferri
Name: Valentina Ferri
Age: 37
Company: Eni SpA exploration and production division
Title: Assistant general counsel, West Africa, Far East
Age: 37
Company: Eni SpA exploration and production division
Title: Assistant general counsel, West Africa, Far East
Interviews / Q&A
A 'new' New York Convention?: Q&A with Albert Jan van den Berg
Ten years ago, Albert Jan van den Berg told an ICCA congress celebrating 40 years of the New York Convention: "If it ain’t broke, don’t fix it."
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