GAR Volume 2 - Issue 4

Onwards and Upwards: The Women of Arbitration

Japan's path to success - Dubai's new rules - Carla Herron interview - Fraud in arbitration

Features

Convergence between English and New York law

Fraud can be dealt with by arbitration in either of the world’s two financial capitals.

Philip Clifford, partner and co-chair of international dispute resolution and Oliver Browne, associate, both of Latham & Watkins (London) LLP, and Marc Suskin, associate of Latham & Watkins LLP, explain

Japan as a centre: Two possible futures

Japan won’t emerge as an arbitral centre until local corporations mandate it as a venue, and at the moment they’re not willing to. Peter Godwin, partner of Herbert Smith in Tokyo, reports

RARE CREATURES

A series of English decisions have all but shut the door on anti-arbitration injunctions.
James Freeman, associate at Allen & Overy LLP, explains how the door opened, and why it was shut

The new DIAC rules in brief

Philip Punwar, at Al Tamimi & Company in Dubai, explains key features of rules recently  adopted in Dubai

Community News

Clifford Chance moves two to US

Clifford Chance’s plans to challenge the domination by Freshfields Bruckhaus Deringer and King & Spalding in Latin American arbitrations took another step last month, after it moved two specialists from London to the United States.

Crowell & Moring adds Asia specialist

Crowell & Moring LLP has strengthened its London office with the hire of a dual-qualified, India and English law, arbitration specialist.

Freshfields completes reshuffle

Constantine Partasides is now established at Freshfields Bruckhaus Deringer in London, as envisaged in the firm’s plan to rebalance its Paris and London arbitration groups.

Houston, do we have a problem?

Is the American Lawyer Scorecard’s cover jinxed? The new edition of the arbitration survey had a photo of lawyers from three firms. Since it was published, in late summer, two of the firms have suffered shock exits.

ICC heads to Iran


The International Chamber Commerce held its first-ever arbitration seminar in Iran.

Korean institute chooses new president


Korea’s Commercial Arbitration Board has appointed Jae-Hyun Kim as president.

Permanent Court of Arbitration continues expansion


The Permanent Court of Arbitration has signed agreements with India and Singapore to establish branches in both countries. The court plans to set up its South Asian Regional Centre in New Delhi by the end of the year. India’s legal affairs secretary, Shri Viswanathan, says that the regional centre will remedy the lack of institutional facilities in India.

UK's ex-attorney general joins Debevoise

One of the UK’s leading barristers has opted to join Debevoise & Plimpton LLP, after stepping down as attorney general. Lord Peter Goldsmith QC’s preference for an international firm over the bar would have been amazing once, but is now viewed as a sign of the times.

Winston & Strawn adds US State Department lawyer

Winston & Strawn LLP has hired an investment treaty disputes specialist from the US State Department. Mark Clodfelter joined the firm as of counsel on 4 September after seven years representing the US state in disputes. He will remain in Washington, DC.

Zimbabwe considers asset grab


Foreign investors in Zimbabwe could be forced to hand over assets to ‘indigenous Zimbabweans’ under a proposed Indigenisation Bill.

Surveys

Women of Arbitration

We asked members of ArbitralWomen to tell us how the world looks through their eyes. Here’s a selection of what they said. By Sarah Dookhun

WOMEN OF ARBITRATION - Network Effects

A generation of women are making a name as advocates. David Samuels reports on the network effects that should follow

Global Briefing

Arbitrators appointed in African oil claim

Two arbitrators have now been appointed in US oil and gas company RSM Petroleum’s claim against the Central African Republic.

Argentina: Court issues anti-arbitration injunction against UNCITRAL claim

In late July, it emerged that Argentina had obtained an injunction from its national courts to stop an UNCITRAL about to be heard in Washington, DC. Federico Godoy, of Beretta Godoy, explains the injunction’s basis

Canada: Supreme Court delivers long-awaited decision

Canada’s Supreme Court has stopped a class action against Dell, the computer maker, aided by amicus briefs from among others the LCIA. Pierre Bienvenu, partner at Ogilvy Renault LLP, and Frederic Bachand, professor at McGill University, report*

ECT claims against Hungary mount

Two new cases show that companies are increasingly ready to invoke the Energy Charter Treaty against EU member states. In August, two companies registered claims against the Republic of Hungary.

Exxon launches arbitration against Venezuela

Exxon Mobil has requested arbitration over Venezuela’s nationalisation of oil operations in the Orinoco belt.

German company claims against government

A German technology company has filed for arbitration against its government in a dispute about a toll system for trucks.

India: Cancelled merger ends in arbitration

A telecoms company is pursuing the right to buy a mobile phone operator, in arbitration. Abhishake Sinha, of AY Chitale & Associates, reports

Investment treaty arbitration: Nationality under the ICSID convention

A panel recently split over how to interpret the nationality requirement in the ICSID convention. Matthew Weiniger and Matthew Page of Herbert Smith LLP explain

Latin America: The LG&E damages award

The long-awaited decision on damages in LG&E v Argentina has been published. Our Latin America correspondent Sylvia Noury, senior arbitration associate at Freshfields Bruckhaus Deringer in London, examines why the investor may feel a sense of anticlimax

Mexico: Courts take pro-arbitration stance

Salvador Fonseca, associate at Thacher Proffitt & Wood SC, reports on two recent decisions from Mexico’s federal courts. One has removed an area of doubt from Mexico’s adoption of the Model Law

Peru sets aside contract arbitration award

A Peruvian court has nullified an award made in favour of a Canadian mining company in a contract arbitration.

Sonatrach launches arbitration against Spanish utilities

Algeria’s state-owned energy company, Sonatrach, has begun proceedings against Spanish energy companies Repsol YPF and Gas Natural.

The Money column: One Company, two businesses?

A tribunal has awarded damages for losses at an Argentine pipeline business – while ignoring profits being made at a sister business within the company from the very same government measures. Mark Kantor, Washington, DC attorney and member of Global Arbitration Review’s editorial board, reports

United Kingdom: Recent decisions

Two recent UK decisions on the availability of appeal will interest international arbitration specialists. Michelle Radom, of Clyde & Co LLP, reports

United States: Appeal court rejects nationwide service of subpoenas

A federal court has refused to authorise nationwide service of arbitral subpoenas. Hagit Elul, of Hughes Hubbard & Reed LLP, reports

Corporate Counsel

Corporate Counsel: Carla Powers Herron

Name: Carla Powers Herron
Age: 52
Company: The Shell Group Title: Group counsel – litigation

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