GAR Volume 3 - Issue 1

Looking for a way ahead in India

2007 in review - UAE's new law - Third-part funding examined

Features

Third Part Funding - Case notes on third-party funding

Although third-party funding in international arbitrations is in its infancy, legislative change and existing case law are waking third parties up to the market’s possibilities. Here is a snapshot of seven jurisdictions

Third Party Funding - Angels or Dragons?

A popular BBC series is ‘Dragons Den’ – where inventors are grilled by a panel of
investors. Something similar is now happening in the world of international arbitration.
Sarah Dookhun reports

India and Arbitration - A sample of the Supreme Court's attitude

India’s Supreme Court has sent mixed messages to international arbitration users.

Shishir Dholakia SC reviews a selection of judgments from 2006 and 2007

India and Arbitration - Arbitration clauses for contracts with Indian parties

Decisions by India’s Supreme Court have created a number of pitfalls for unwary foreign investors. Partner Aloke Ray and associate Dipen Sabharwal of White & Case LLP list the most important considerations when drafting an international arbitration clause for a transaction with Indian parties

India and Arbitration - Treaty Protection In India

Since its liberalisation programme began, India has concluded various bilateral investment treaties. Partner Justin D’Agostino and associate Promod Nair of Herbert Smith LLP describe the protections these afford

India and Arbitration - Challenge to the ICC hegemony in India, but not from an Indian institute

Everybody wants to know how big the Indian market might be for international arbitrations. Sarita Patil Woolhouse reports findings from a research trip

India and Arbitration - Under Construction

India’s construction industry is taking on a building project of a different nature. By David Samuels

2007 In A Nutshell - 2007 IN RETROSPECT

Professor Loukas Mistelis, director of the School of International Arbitration, Queen Mary, University of London, casts an eye over the highlights of the last 12 months

2007 In A Nutshell - 2007 IN RETROSPECT

Professor Loukas Mistelis, director of the School of International Arbitration, Queen Mary, University of London, casts an eye over the highlights of the last 12 months

2007 In A Nutshell - 2007 IN RETROSPECT

Professor Loukas Mistelis, director of the School of International Arbitration, Queen Mary, University of London, casts an eye over the highlights of the last 12 months

UAE Legislation - UAE completes its upgrade

Two new arbitration laws will enter into force in the United Arab Emirates in early 2008, reports Philip Punwar of Al Tamimi & Company in Dubai. The first draft of the federal Arbitration Law suggests they will be inventive and user-friendly

Judicial Review of Awards - Party Autonomy In Arbitration

With the US Supreme Court considering expanded judicial review of arbitral awards, senior counsel James Castello of Dewey & LeBoeuf LLP looks at the possible overspill to the international arena

Anti - Suit Injunctions - An Injunction Too Far: C v D

Cy Benson, partner of Gibson Dunn & Crutcher LLP, offers a different perspective on this recent UK appellate decision. Did the judges rewrite the parties’ agreement?

Community News

Erratum

In our recently published GAR 100 - the guide to specialist arbitration firms, an error occurred on page 52.

ICC court appoints new members

The International Chamber of Commerce International Court of Arbitration has appointed Audley Sheppard as the member for New Zealand, Philip Yang as the member for Hong Kong, and Gideon Fisher as the alternate member for Israel. The appointments last until 31 December.

Cheng takes helm at CIArb

Hong Kong arbitrator and counsel Teresa Cheng SC has taken over from Hew Dundas as president of the Chartered Institute of Arbitrators. Her term will run until 16 January 2009.

Bush appoints Townsend to ICSID

Hughes Hubbard & Reed LLP partner John Townsend has been appointed to the panel of arbitrators at the International Centre for Settlement of Investment Disputes in Washington, DC by US president George Bush.

HKIAC names deputy secretary general

The Hong Kong International Arbitration Centre has appointed Liu Jing as deputy secretary general for mainland affairs.

White & Case relies on organic growth

White & Case LLP has promoted international arbitration specialists on both sides of the Atlantic. Ank Santens in New York, Charles Nairac in Paris and Paul Cowan in London have joined the partnership.

Three dispute resolution boutiques launched

Arbitration boutiques have opened in Finland, the Netherlands and Sweden as lawyers seek to avoid the conflicts of interest prevalent at larger firms.

No new New York Convention?

The prospect of a modernised New York Convention looks remote, following the convention’s 50th birthday bash in New York.

London says hello, goodbye - and well done

London’s arbitration community had a lot to keep track of in January, with two of the city’s larger arbitration teams undergoing striking personnel changes, and a host of new players arriving. And there was cause to celebrate, as two of its own were recognised in the QC announcements.

Surveys

India and Arbitration - Who's Who of arbitration in India

We asked sources in India and abroad to produce a top 20 for arbitration in India. By Julius Cavendish

 

India And Arbitration - Indian In - House Counsel

Indian in-house counsel give their perceptions of international arbitration

Case Notes

Investment Case - Popular chairs accept new ICSID claims

Three of the most in-demand chairs have all taken on new cases recently.

Investment Case - Argentina seeks annulment of Sempra

The Argentine Republic is attempting to overturn a multimillion dollar arbitral award issued in a dispute with a US energy company.

Commercial Case - Indian Supreme Court issues troubling decision

A new decision by the Supreme Court of India has raised fresh concerns about the direction in which Indian arbitration law is headed.

Commercial Case - Appeal court halts Brazil's progress

A state court in Brazil has overturned an arbitral award, ignoring 12 years of case law in favour of an outdated provision in the country’s arbitration act.

Commercial Case - Venezuela hit with freezing orders

The stakes have been significantly raised in the battle between Venezuela and several oil majors, after one started freezing PDVSA’s assets.

Corporate Counsel - David Marteau

Age: 40

Company: Eurotunnel

Title: Senior legal adviser - public affairs

Global Briefing - United States: Appeal court declines to enforce arbitral award

The importance of ensuring that an arbitration clause is consistent with the seat of arbitration has been highlighted in a recent case before the US courts, reports Hagit Elul of Hughes Hubbard & Reed LLP

Global Briefing - Treaty disputes: Vivendi sheds light on provisions

Although Argentina has now launched annulment proceedings against Vivendi, the award rendered by an ICSID tribunal last year still clarifies common bilateral investment treaty provisions, say Matthew Weiniger and Matthew Page of Herbert Smith LLP

Global Briefing - Poland: government offers Eureko olive branch

The election of a new pro-business government in Poland offers hope for an amicable solution in the long-running dispute between the country’s state treasury and Eureko of the Netherlands, reports Tomasz Wardynski of Wardynski i Wspólnicy

Global Briefing - The Money Column: supervising a business divorce

A US Court of Appeals ruling has enabled an arbitral panel to issue enforceable interim awards. Global Arbitration Review editorial board member Mark Kantor reports

Global Briefing - Argentina: court restricts application of landmark ruling

A decision by Argentina’s Supreme Court only provides grounds for annulment of an arbitral award when it is contrary to fundamental constitutional rights, an appeal court has ruled. Federico Godoy of Beretta Godoy reports

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