GAR Volume 2 - Issue 6

The Sachs-Wälde-Reichert method

The best providers for Asian arbitration - DR-CAFTA arbitrations - Interview with the CCIAG

Features

Arbitral Cultures Compared - Ancient and modern

Northern Europe offers at least seven arbitral systems, each with different traditions. Partner Petri Taivalkoski and specialist counsel Helle Lindegaard of Roschier Finland, and associate Per Franke of Roschier Sweden, provide a guide to Scandinavian and Baltic arbitration

Discovery in arbitration - Reasons to embrace section 1782 rulings

Section 1782 of the United States Code has been criticised for putting US companies at a disadvantage in international arbitration. In fact, extending section 1782 is a feasible and "well-balanced" step argues German lawyer Martin Ilmer

 

DR-CAFTA - Playing by the rules

DR-CAFTA’s dispute resolution mechanism will help to promote the rule of law in Central America and should give investment arbitration a good name, says Christian Leathley, of Clifford Chance LLP

Germany - German-speaking groups hold joint event

Dmitry Marenkov of Germany’s Office of Foreign Trade in Cologne reports on the first three-way meeting of German-speaking young arbitration practitioners

Global Briefing - United Kingdom: arbitration clauses - inclusive rather than exclusive

The Premium Nafta case set a benchmark for the interpretation of arbitration clauses in contracts. Philippa Charles of Mayer Brown International LLP reports

Hong Kong and China - Enforceability of ad hoc awards

The China Supreme People’s Court has confirmed that awards made in ad hoc arbitration proceedings in Hong Kong are enforceable in the People’s Republic of China, answering questions about reciprocity. Freshfields Bruckhaus Deringer partner Peter Yuen and associate John Choong explain

Interim Measures - A path through the maze

Parties to arbitration sometimes find that some kind of action is necessary before delivery of the final award. Phillip Capper, Clare Connellan and Markus Burgstaller of Lovells LLP explain when it makes sense for parties to seek interim measures from an arbitral tribunal rather than a state court

Japan - Japan as a centre:Part two

In answer to a suggestion that Japan has a long way to go to become an international arbitral centre of note, Haig Oghigian, a partner at Baker Mckenzie in Tokyo, presents a contrary view

Post - Submission Hearings - The sachs-wälde-reichert method

Faced with parties who wanted different approaches to post-hearing submissions, one tribunal found a model answer. Julie Bédard, senior international arbitration associate at Skadden Arps Slate Meagher & Flom LLP, describes the method

The best providers for Asian arbitrations

Competition between arbitral institutions for Asia-related matters is creating greater choice for users. Graeme Johnston, a partner at Herbert Smith LLP in Shanghai, compares the best seats

Community News

French duo on the move again

International arbitration specialists Jean-Louis Delvolvé and Jean Rouche have left Shadbolt & Co less than a year after joining.

Perez-Llorca elects arbitration partner

Spanish law firm Perez-Llorca has elected Félix Montero as a partner of the litigation and arbitration group.

All change at Serle Court

Lord Patrick Neill of Bladen QC is stepping down as head of Serle Court to join 20 Essex Street. His departure coincides with the arrival of two former High Court judges at the chambers he vacates.

Baker Botts promotes two

Baker Botts LLP has promoted Kevin Jacobs and Aaron Davidson to partner.

China and Macau sign arbitration pact

Mainland China and Macau have agreed to recognise and enforce each other’s arbitration awards in a new pact.

Denton arbitration head joins chambers

The head of arbitration at Denton Wilde Sapte LLP has left to join 3 Verulam Buildings as an international arbitrator.

DIFC reforms lay ground for new centre

The Dubai International Financial Centre is amending its arbitration law as a preamble to a joint venture with the London Court of International Arbitration.

Herbert Smith recruits Kirby

The deputy secretary general of the ICC, Jennifer Kirby, is joining Herbert Smith in the new year, bolstering the firm’s Paris office. Kirby became deputy secretary general three years ago, overseeing thousands of cases administered by the ICC.

Holm joins Sandart & Partners

International arbitration specialist Christer Holm has joined Swedish firm Sandart & Partners. He had been practising independently for the last two years.

ICC delegate joins Arnold & Porter

Arnold & Porter LLP has hired a delegate to the ICC commission on arbitration as a partner in New York.

ICC rings the changes

The ICC International Court of Arbitration has chosen Australian Simon Greenberg as its deputy secretary general. The appointment was made four weeks after Jason Fry officially began as the court’s secretary general.

ICDR chooses young leaders

The International Centre for Dispute Resolution has picked new leaders for its young arbitrators group.

Jingzhou Tao picks firm

Jingzhou Tao, the former head of DLA Piper China and an international arbitration specialist, has joined a US law firm.

Permanent Court of Arbitration selects new general counsel

The Permanent Court of Arbitration has chosen its new general counsel.

Rees elected to CIArb board

Peter Rees of Debevoise & Plimpton LLP has been appointed chairman of the Chartered Institute of Arbitrators’ board of management.

The appointment, which becomes effective on 1 January 2008, lasts for one year and is renewable for another two. Rees says he is delighted to be given the opportunity to "play a key role in the development of the institute".

Simpson Thacher strengthens London practice

Simpson Thacher & Bartlett LLP has elected Tyler Robinson to the partnership in London.

Robinson, 36, joined Simpson Thacher’s New York office in 2000, before moving to London last year. He spends half of his time on arbitration work and expects this to increase. He has worked for General Electric and Bechtel in various arbitrations about the multi-billion dollar Dabhol Power Project in India.

Sir Arthur Watts 1931-2007

Sir Arthur Watts, a leading figure in the world of public international law, has died aged 76.

Tamil Nadu opens second arbitration centre

The Tamil Nadu Chamber of Commerce and Industry in Madurai, South India, will launch the state’s second arbitration and mediation centre before the end of the year.

WilmerHale elects two

Two international arbitration specialists have been elected partners at Wilmer Cutler Pickering Hale and Dorr LLP. One specialises in commercial arbitration, the other in investor-state disputes. Both work from Washington, DC.

World Bank appoints ICSID deputy secretary general

The World Bank has chosen a new deputy secretary general for the International Centre for Settlement of Investment Disputes in Washington, DC.

Global Briefing

Investment Case - Schwebel unscathed by claim of bias

The Brussels Court of Appeal has rejected Poland’s request that arbitrator Stephen M Schwebel be removed from the panel hearing an investment treaty arbitration.

Commercial Cases - Award issued in Philippine bank dispute

A tribunal sitting under the International Chamber of Commerce rules has issued an award in a contract dispute between Philippine banks about the sale of a credit card company.

Commercial Cases - Consolidated contact arbitration settled

A complex contract arbitration between Mexican and Canadian companies in the plastics industry has been settled, according to sources familiar with the dispute.

Commercial Cases - ICDR panel rejects pharmaceutical claim

An arbitral panel has sided with a German pharmaceutical company in a multi-million dollar contract dispute with a US partner.

Commercial Cases - Swedish appeal court rejects need for reasons

A Swedish appeal court has refused to set aside a Stockholm Chamber of Commerce arbitral award for lack of reasons, in a ruling that goes against the institute’s rules, but is in keeping with its no-frills approach.

Commercial Cases - Swedish Supreme Court overturns award

The Swedish Supreme Court has set aside an arbitral award because the chairman failed to disclose a possible conflict of interest.

Commercial Cases - US court confirms InterDigital award

A federal court in New York has upheld an arbitral award against Samsung, which the electronics company had been refusing to pay. The respondent, InterDigital Communications, stands to receive US$134 million.

Global Briefing - Chile: court enforces arbitral clause under the Model Law

Chilean courts have recently rendered another decision that confirms their pro-arbitration trend. Felipe Ossa of Claro & Cia reports

Global Briefing - Gulf region: reforms pave way for lcia

Governments and lawyers have continued their efforts to promote arbitration in the Middle East in 2007, particularly in the United Arab Emirates and Saudi Arabia. Philip Punwar of Al Tamimi & Company in Dubai reports

Global Briefing - India: court clarifies when arbitration act applies

The Supreme Court of India has ruled on when India’s Arbitration Act applies in cases seated abroad. Atul Chitale of A Y Chitale & Associates in New Delhi reports

Global Briefing - Money Column: Market Value in the vivendi case

The tribunal in the Vivendi case paid proper heed to principles for awarding fair market value - then disregarded them. Mark Kantor asks why

Global Briefing - New Zealand: Parliament updates Arbitration Act

Campbell Walker of Gilbert Walker reports that New Zealand recently enacted the Arbitration Amendment Act 2007. The changes update New Zealand’s Arbitration Act 1996, which is based on the UNCITRAL Model Law

Global Briefing - Poland: Arbitral bodies announce cooperation agreement

With the 2012 European football championships on the horizon, construction is expected to boom. Tomasz Wardynski of Wardynski i Wspólnicy reports on measures Poland and Ukraine are taking to pre-empt the inevitable disputes

Global Briefing - Ukraine: New ICAC Rules in Kiev

Ukraine has celebrated the 15th birthday of its international commercial arbitration court with new rules. Tatyana Slipachuk, associate partner of Vasil Kisil & Partners in Kiev, and Per Runeland of SJ Berwin LLP in London report

Global Briefing - United States: second circuit upholds anti-suit standard

An appeal court has extended the scope of the test used when anti-suit injunctions are sought. Hagit Elul of Hughes Hubbard & Reed LLP reports

Investment Case - Ecuador partially withdraws from ICSID

Ecuador has partially withdrawn from the International Centre for Settlement of Investment Disputes in Washington, DC.

Investment Case - ICSID rejects US challenge to Anaya

The United States has failed in its bid to remove a human rights professor from the panel in Grand River Enterprises, Six Nations.

Investment Case - ICSID tribunal stands by Kaufmann-Kohler

Two arbitrators at the International Centre for Settlement of Investment Disputes in Washington, DC have refused a request by Argentina to dismiss the third member of their tribunal.

Investment Case - US court recognises award

Enron’s legal team has upped the pressure on Argentina to begin paying ICSID awards.

Investment Case - Veeder and Paulsson step down in Venezuela case

V V Veeder QC and Jan Paulsson have resigned from the tribunal hearing an investment treaty arbitration between a Canadian mining company and Venezuela

Conference Reports

From advocate to arbitrator

First arbitral appointments can seem elusive. Alison Ross reports on a session at the Fall Forum of the American Bar Association’s international section, where panellists reflected on ways to ensure they arrive

Corporate Counsel

Corporate Counsel - Barney Joseph

Name: Barney Joseph

Age: 42

Company: Marriott International

Title: Vice president and senior counsel - litigation

Interviews / Q&A

The voice of the CCIAG

Jean-Claude Najar, a senior lawyer with GE Commercial Finance, is the driving force behind the Corporate Counsel International Arbitration Group, which intends to give a voice to users of arbitration. With the group about to begin selecting projects, he agreed to be interviewed

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