GAR Volume 3 - Issue 2
Inside Russia's arbitration bar
POVSA Freezing orders - Moral damages - Wood Group corporate counsel interview - Global briefing
Features
Freezing Orders - A rare breed of relief
Thanks to the Mobil case, a UK court has tackled the key questions about worldwide freezing orders in aid of foreign arbitrations for the first time. By Alex Bevan, counsel of Shearman & Sterling LLP, in London
Moral Damages - A critique of Desert Line
An ICSID panel appears to have added a new element to the formula for moral damages. By Meriam Alrashid of George Washington University
Russia And Arbitration - Perspectives on MKAS
Non-Russians who have sat as MKAS arbitrators say it is a reliable and objective institution, if occasionally inefficient
Russia And Arbitration - Who's Who of Arbitration in Russia
As the Russian economy expands, so local arbitration skills are developing
Russia And Arbitration - Particularities of Russia-related international arbitration
Many of the assumptions about how Russian corporations react during arbitration are no longer true. By Richard Chlup of Mannheimer Swartling’s Moscow office
Russia and Arbitration - Problems with optional arbitration clauses
In certain types of agreement, Russian courts may refuse to uphold optional arbitration agreements, writes Alexey Barnashov (counsel and head of dispute resolution) from White & Case’s Moscow office
Russia And Arbitration - Public policy, arbitrability and enforcement
A Russian lawyer reviews higher court practice on "public policy" and foreign awards. By Evgeny Raschevsky (attorney at law) at Yukov, Khrenov & Partners in Moscow
Russia And Arbitration - Russians think old duopoly is eroding
MKAS and the SCC have long received the lion’s share of international arbitration from Russia. But in Moscow, they think the picture is changing. By Sarah Dookhun
Russia And Arbitration - The effect of parallel litigation under Russian law
International arbitration remains somewhat vulnerable to tactical litigation in Russia, reports Vladimir Khvalei (partner and head of dispute) of Baker & McKenzie’s Moscow office
Russia and the ECT: The unplumbed depths of provisional application
The provisional application of the Energy Charter Treaty raises tricky substantive issues, says Sophie Nappert, an arbitrator at 3 Verulam Buildings, London
Community News
Alvarez appointed Canadian QC
Henri Alvarez of Canadian firm Fasken Martineau DuMoulin LLP has been awarded silk.
...As others also do well in 2008 partnership season
The European leg of partner season is in full swing, with several arbitration groups doing well and seeing their candidates succeed.
Arbitration specialists lead ABA and ASIL
Two of the US’ most influential learned societies will soon be led by lawyers whose day job is international arbitration.
Brennan joins CPR
The International Institute for Conflict Prevention and Resolution
China-New Zealand FTA paves way for arbitration
On 8 April China signed a free-trade agreement with New Zealand. It is the most investor-friendly bilateral treaty yet to emerge from the country, arbitration specialists say.
Colombia's constitutional court appoints Mantilla-Serrano
Fernando Mantilla-Serrano, a Colombian-born international arbitration partner at Shearman & Sterling LLP in Paris, has been appointed an ad hoc justice of Colombia’s constitutional court.
ICC spat a "personality clash"
Members of the ICC Court reported for duty in late April not knowing quite what to expect. The chairman had recently resigned, and at least one report was describing the organisation as "reeling".
LCIA launches Dubai joint venture
The London Court of International Arbitration has officially launched its joint venture with the Dubai International Financial Centre.
PCA picks new secretary general
The Permanent Court of Arbitration has appointed Netherlands ambassador to the US Christian Kröner as its new secretary general.
Restless London duo move once more
Not long after winning a major India-related arbitration, Stephen York and Shai Wade have left Kilpatrick Stockton LLP for Reed Smith LLP.
Savage relocates to DC
Citing increased demand from US clients, Shearman & Sterling has moved John Savage from Singapore to the US capital.
Syria enacts model law
Syria has enacted a new arbitration law based on the Egyptian Arbitration Act and UNCITRAL Model Law.
White & Case growth hits five partners...
White & Case has expressed further confidence in its arbitration practice, announcing two significant lateral hires, in London and Washington, DC. The announcement follows a series of internal promotions that mean, all told, White & Case’s international arbitration has grown by five partners this year.
Whitesell joins Dechert in the US
The former secretary general of the ICC International Court of Arbitration, Anne Marie Whitesell, has joined Dechert LLP - back to her native US. Whitesell started at the firm’s Paris office in April - she will move to Washington, DC in the summer.
Global Briefing
ARGENTINA: Provincial appeal court rejects enforcement against government company By Juan Sonoda from Beretta Godoy
The Contentious Administrative Court of Appeals of the Province of Buenos Aires denied the enforcement of an arbitral award issued against Astillero Río Santiago, a company owned by the Province of Buenos Aires, in part because of a reservation included when Argentina signed the New York Convention. The decision was published at the administrative supplement of El Derecho on 30 November 2007.
Asia-pacific: regional symposium takes place in hong kong
On 8 March 2008, the Australasian Forum for International Arbitration (AFIA) held its 13th symposium at the offices of Allen & Overy in Hong Kong. James Kwan, consultant at Allen & Overy, reports
Commercial Case - LCIA award enforced against Yukos
A Cypriot investment company has successfully enforced a multimillion dollar arbitral award against Russia’s Yukos Oil Company in the Netherlands.
Commercial Case - Ruling clears way for Polkomtel owners to negotiate
Negotiations about ownership of Polkomtel are set to begin after an arbitral tribunal clarified the terms on which major shareholders should negotiate.
Commercial Case - US Supreme Court rejects expanded review
The US Supreme Court has rejected an attempt to expand judicial oversight through contractual agreement, in a much-anticipated ruling that should preserve the separateness of arbitration and litigation in the US.
FINLAND: Supreme Court decisions affirm pro-arbitration stance
A pair of Supreme Court decisions from last year read together confirm the friendliness of Finland’s courts towards arbitration. By Petri Taivalkoski (partner) and Helle Lindegaard (specialist counsel) of Roschier
Investment Case - Energy Charter Treaty win for Ukraine
A Latvian company has failed to win damages from Ukraine under the Energy Charter Treaty, although the precise reasons for its loss are not yet known.
Investment Case - Enforcement glitch sparks ICSID claim
A construction company is claiming Jordan’s national courts interfered in a commercial arbitration award, in a case filed at the International Centre for Settlement of Investment Disputes in Washington, DC.
Investment Case - Panel consolidates treaty and contract claims
A panel at the International Centre for Settlement of Investment Disputes in Washington, DC has said it can arbitrate investment treaty and contract claims against Ecuador together - creating what’s believed to be the first consolidated claim of its type at the centre.
Investment treaty arbitration: Liberal approach taken on technical defect
An ICSID panel has chosen to uphold its jurisdiction, overlooking the strict letter of the bilateral investment treaty. Matthew Weiniger (partner) and Matthew Page (senior associate) of Herbert Smith LLP report
Money Column: Double Counting - a question of fact or law?
By Mark Kantor, a Washington, DC attorney and member of Global Arbitration Review’s editorial board
New Zealand: Law on
The High Court of New Zealand recently scrutinised comments by an arbitrator to decide if he should be removed. By Campbell Walker (partner) of Gilbert Walker
Spain: Two Spanish arbitration reviews launched
The steady growth of international arbitration in Spain has inspired the launch of two specialist arbitration reviews. By Cristian Conejero Roos, counsel of Cuatrecasas
UNITED STATES: Supreme Court limits vacatur to grounds in FAA
By Hagit Elul (associate) Hughes Hubbard & Reed LLP
Zimbabwe: New act forces foreign companies to cede control
Recent legislation approved by Zimbabwe’s President Robert Mugabe gives indigenous Zimbabweans the power to control a majority share of foreign companies. By Joshua Fellenbaum (consultant) of Clayton Utz
Corporate Counsel
FRANCISCO BALDUZZI
Age: 36
Company: Wood Group Management Services Inc
Title: Senior counsel Latin America
Company: Wood Group Management Services Inc
Title: Senior counsel Latin America
Interviews / Q&A
Russia And Arbitration - Interview with Alexander Komarov
Alexander Komarov is president of Russia’s international arbitral institution, the International Commercial Arbitration Court - better known as MKAS. By Sarah Dookhun
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