GAR Volume 2 - Issue 3
Bolivia: No ICSID
Res judicata - Exxon interview - Threat to London - Treaty arbitration roundtable
Features
A TALE OF TWO CITIES
Choice of seat can be all important when res judicata is being asserted. Samuel Haubold, of Littleton Chambers, explains how a panel in New York and a panel in London could reach diametrically opposed conclusions
Bermuda makes waves with IPOC decision
If the English courts’ power to issue anti-suit injunctions to support arbitration is reduced, London could lose its edge in a key area of commercial law, report Nigel Rawding, partner, and Daniel Kalderimis, senior associate, of Freshfields Bruckhaus Deringer
Bolivia exposes 'critical date' ambiguity
The ICSID Convention is ambiguous on when obligations survive exit from the treaty. Alejandro Escobar, senior associate at Latham & Watkins, explains three plausible scenarios
D.I.V.O.R.C.E
Bolivia’s withdrawal from ICSID happened so fast few had time to react. Fortunately, for investors that won’t make a difference. David Samuels reports
Expert evidence: The evolution of best practice
Modern arbitral practice has evolved techniques to improve the taking of testimony on technical issues. The result is new ways to put experts in a crucible. Richard Bamforth, partner, and Ned Beale, associate, of Olswang, and Andrew Grantham, managing director, of AlixPartners report
Looking for flaws in the 1996 Act
A committee has asked thousands of interested parties to critique the English Arbitration Act 1996. Bruce Harris, a well-known arbitrator who chaired the committee, summarises the feedback
Morales about to take on the Constitutional Tribunal?
If Bolivia’s withdrawal from ICSID is to have lasting consequences, some further steps are probably required. Christian Leathley, counsel of Clifford Chance, explains
New approach creates paradox for US parties
Recent decisions on section 1782 could put US companies at a disadvantage in international arbitration. Michael Nolan, partner, and Lesley Benn, associate, of Milbank Tweed Hadley & McCloy LLP in Washington, DC explain
TREATY ARBITRATION IN LATIN AMERICA
Earlier this year, Global Arbitration Review convened a roundtable between arbitration specialists from Houston, Venezuela and Ecuador to discuss shifting governmental attitudes towards treaty arbitration, and what the future holds
What price accuracy?
A recent House of Lords decision may be a recipe for delay in arbitrations concerning UK contract law, say Cy Benson, partner, and Nathalie Allen, associate, of Gibson Dunn & Crutcher LLP
Community News
Bolivia withdraws from ICSID
The World Bank received written notice of Bolivia’s denunciation of the ICSID Convention on 2 May.
Canadian firm moves into international arbitration
International arbitration specialist Robert Wisner is joining Canada’s McMillan Binch Mendelsohn LLP.
Double departures excite London
Two of London’s more dynamic international arbitration groups have suffered sudden multi-partner departures.
Dubai unveils new rules
The Dubai International Arbitration Centre has introduced new international arbitration rules.
Ecuador to renegotiate?
The government of Ecuador says it wants to terminate its bilateral investment treaty with the US, or renegotiate its terms.
Fry replaces Whitesell
The ICC International Court of Arbitration has appointed Jason Fry as its new secretary general.
Goodman leaves Winston & Strawn
Ronald Goodman, 56, has left Winston & Strawn for Foley Hoag.
ICC counsel joins Pinheiro Neto
Renato Grion, 30, a former assistant counsel at the ICC’s International Court of Arbitration has joined leading Brazilian full service firm Pinheiro Neto Advogados. He will work from São Paulo.
ICSID selects new chief counsel
Nassib Ziadé, a Lebanese and Chilean national, has been revealed as the new chief counsel of the International Centre for Settlement of Investment Disputes in Washington, DC.
Jean de Hauteclocque joins Howrey
Jean De Hauteclocque, 52, has joined Howrey LLP’s Paris office.
Lévy and Kaufmann-Kohler go boutique
Gabrielle Kaufmann-Kohler and Laurent Lévy have announced that they are leaving Schellenberg Wittmer to set up their own boutique arbitrator practice.
Mannheimer invests for future
Mannheimer Swartling Advokatbyrå has reinforced its arbitration team in the 40- to 45-year old age bracket.
Norton Rose launches Middle-East disputes team
Norton Rose has relocated a dispute resolution specialist from Hong Kong to Dubai to launch a practice.
Price becomes presidential aide
Daniel Price is leaving Sidley Austin’s international arbitration group to become deputy national security adviser for international economic affairs to the US president.
Roschier expands Stockholm team
Roschier has hired Robert Lakatos as a partner in Stockholm from Linklaters as of 4 June.
Serbia ratifies ICSID
Serbia has ratified the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States.
Two US firms buy-in treaty expertise, for Paris
Two US firms have announced newcomers to their Paris arbitration groups. In each case, the hires have expertise in treaty arbitration.
Global Briefing
Argentina hit with US$106 million award
A team from King & Spalding LLP and M & M Bomchil Abogados has won US$106 million in an investment treaty arbitration against the Argentine Republic.
Danone's Chinese joint venture hits arbitration
French food and beverage company Groupe Danone has initiated arbitration against its Chinese joint venture partner Wahaha Group. The dispute has the international media transfixed.
GERMANY: The FAC annual symposium
The symposium’s theme was ‘Arbitration in Germany – too German or not German enough?’ Karl von Hase, partner at GSK Gassner Stockmann & Kollegen in Dusseldorf, and Dmitry Marenkov, an attorney from Cologne, report
Hwang sinks treasure claim
A sole arbitrator has declined jurisdiction over an investment treaty claim about sunken treasure.
INVESTMENT TREATY ARBITRATION: Does it matter where the money comes from?
The tribunal in Saipem v Bangladesh has accepted jurisdiction. Matthew Weiniger, partner, and Matthew Page, associate of Herbert Smith LLP, explain why
Marriott Group successfully enforces in El Salvador
A court in El Salvador has agreed to enforce an international arbitration award in a landmark decision.
MIDDLE EAST: New rules and events galore differentiate 2007
The first half of 2007 has seen an unusual number of arbitration conferences in Dubai, reports Philip Punwar, a barrister at Al Tamimi & Company in Dubai
MONEY COLUMN: 50/50 split falls within acceptable margin
A new case confirms that tribunals have a ‘margin of estimation’ on quantum. Mark Kantor, a member of Global Arbitration Review’s editorial board and a Washington, DC attorney reports
New Zealand: Private appeals available soon
New Zealand’s institute has unveiled an arbitration-specific appeals body to start later this year. The new service will allow users to keep their cases private. Campbell Walker, partner at Gilbert Walker, explains
Orrego Vicuna dissents in Egypt case
One of the arbitrators hearing a treaty claim against Egypt has issued a partial dissenting opinion after the tribunal accepted jurisdiction.
Panel constituted for 'Cementownia'
The tribunal hearing a sizeable claim by Polish investors against the Republic of Turkey under the Energy Charter Treaty has been constituted.
POLAND: Privatisation U-turns continue
A dispute over the Polish sugar industry shows why investment arbitration against Poland is on the rise, says Tomasz Wardynski of Wardynski & Partners and member of Global Arbitration Review’s editorial board
SINGAPORE: Natural justice objections corralled
Singapore’s appeal court says judges should be wary of interfering in arbitration on natural justice grounds. The court notes that parties are aware of the pros and cons of the process beforehand. Nish Shetty, partner of Wong Partnership, reports
UPS loses seven-year fight
UPS has lost its NAFTA arbitration against Canada over unfair treatment.
Uranium maker wins with disarmament defence
A billion-dollar arbitration claim brought against Russian company Tenex by Globe Nuclear Services and Supply has been dismissed. Tenex is a state-owned uranium producer – it used advocates from the Moscow and Paris offices of Clifford Chance LLP.
US: Crystal-ball gazing, in New York
Sebastian O’Meara (editor in chief, LATINLAWYER) attended Thacher Proffitt & Wood LLP’s annual arbitration workshop. This year’s theme was ‘Looking into the crystal ball’.
Williams to preside in Fondel claim
The tribunal has been constituted in the investment treaty arbitration brought by Fondel Metal Participants against the Republic of Azerbaijan.
Corporate Counsel
Corporate Counsel: Andrew Clarke, ExxonMobil
Name: Andrew Clarke
Age: 49
Company: ExxonMobil International Corporation
Title: Assistant general counsel (Europe gas & power marketing)
Age: 49
Company: ExxonMobil International Corporation
Title: Assistant general counsel (Europe gas & power marketing)
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