GAR Volume 2 - Issue 1
Canada - Who Leads the Pack?
Chorzów damages = 2006 in review - Activity statistics - Fiona Trust
Features
2006 in retrospect
Loukas Mistelis, professor of transnational commercial law and arbitration at the School of International Arbitration, Queen Mary College, University of London, takes stock of the year now gone
Fiona Trust v Privalov: English Court of Appeal all but ends separability debate
Laurence Shore, partner, and Iain Maxwell, senior associate, at Herbert Smith LLP welcome the English Court of Appeal’s affirmation of the separability doctrine
Made outside Canada
To succeed as a Canadian arbitrator, one must get out of Canada, says David Samuels
Options for change in the annulment process
Claudia Salomon, partner (New York), and Kate Knox, associate (London) of DLA Piper, suggest some ways to fine-tune the annulment procedure to make it harder to use as a dilatory tactic
Selling Canada
Because of a well-regarded court system, the popularity of arbitration in Canada has not accelerated at the same pace as it has in other jurisdictions, writes David Vascott. But times are changing
The Chorzow approach rejuvenated?
Compensation under Chorzów standards can make great sense – if the facts are right, argue Manuel Abdala, director (Washington, DC), James Nicholson, principal (Paris) and Pablo Spiller, professor at the Walter A Hass School of Business, University of California at Berkeley and director (Emeryville) at LECG
Community News
Baker & McKenzie loses European disputes head
Baker & McKenzie LLP’s European dispute resolution practice head, Christopher Newmark, is leaving to join forces with Dominic Spenser Underhill in February.
Castello joins LeBoeuf Lamb
LeBoeuf Lamb Greene & MacRae LLP has added international arbitration specialist James Castello to its Paris office as senior counsel.
Freshfields acknowledges London's rise
Freshfields Bruckhaus Deringer is moving three key international arbitration specialists to London.
Gomez-Acebo head leaves over conflicts
Miguel Ángel Fernandez-Ballesteros, former head of litigation and arbitration at Spanish firm Gomez-Acebo & Pombo, is founding his own arbitration practice.
IBA committee chooses new officers
The International Bar Association’s Arbitration Committee has announced four promotions and four new officers, effective as of 1 January.
Madrid offers new institute
Madrid’s Chamber of Commerce and the Madrid Bar Association have announced plans to integrate their arbitral institutes.
New year ushers in bumper promotions
The beginning of 2007 saw a host of promotions and lateral hires on both sides of the Atlantic, leading some to speculate that this year will mark a boom in international arbitration.
Two Gulf states announce centres
Qatar and the Kingdom of Saudi Arabia have both unveiled new arbitral centres, reflecting what practitioners say is a clear growth in arbitral culture in the Arabian Gulf.
UNCITRAL rejects confidentiality rule
The working group revising the UNCITRAL arbitration rules has opted against a new rule increasing confidentiality.
Surveys
Canada's arbitration practices rated
Few Canadian firms market arbitration as a speciality. David Samuels and David Vascott report on those who could soon
Global Briefing
ASIA: Arbitral panel tackles failed aviation deal
Arbitrators will shortly rule on the ‘merger that never was’ between Jet Airways and Air Sahara. Their analysis will be scrutinised by the rest of the industry, say Atul Chitale and Sunaina Dutta of A Y Chitale & Associates in New Delhi
Court confirms Schwebel's impartiality
The Brussels Court of First Instance has dismissed a challenge brought against Stephen Schwebel by the Republic of Poland.
Court denies arbitration to antitrust case
California’s state Court of Appeals has stayed arbitration sought by two memory chip firms because a third party is not bound by an arbitration clause.
ECT award survives
Sweden’s Svea Court of Appeal has ruled in favour of energy company Petrobart.
Estonia ends railway dispute
Baltic Rail Services and the Republic of Estonia have ended disputes over the renationalisation of the country’s railways.
EUROPE: T-Mobile gains upper hand in shareholder dispute
Tomasz Wardynski of Wardynski i Wspólnicy explains the battle for control over a Polish telecoms company
Indian Supreme Court sends pro-arbitration message
The Supreme Court of India has upheld an arbitration provision in a contract between an export company and a cloth manufacturer.
INVESTMENT TREATY ARBITRATION: Mitchell v Congo ends in annulment
An ad hoc committee in Mitchell v Congo has granted annulment on unusual grounds. But does the committee’s reasoning add up? Matthew Weiniger and Matthew Page of Herbert Smith investigate
MIDDLE EAST: Convention reverses UAE burden of proof
The United Arab Emirates is adjusting to its newly minted obligations under the New York Convention. Philip Punwar of Al Tamimi & Co in Dubai explains a key change
Money Column: Market Value and Lost Profits Fail Again
Another tribunal has shown reluctance to award lost profits in an investment-setting. Mark Kantor, a Washington DC attorney and a member of Global Arbitration Review’s editorial board, reports
NORTH AMERICA: US Court of Appeals Upholds Arbitral Award In Non-disclosure Case
An award, vacated over a (minor) non-disclosure, has been resintated, reports Hagit Elul of Hughes Hubbard & Reed LLP
Turkey escapes damages for lost profits
The Republic of Turkey has been ordered to pay US$9 million, plus interest and an additional US$4.6 million in costs to US energy company PSEG Global by an ICSID panel.
UK appeal court confirms separability
The UK Court of Appeal has confirmed the separability of an arbitration agreement under UK law.
US court reverses decision on arbitrator bias
US specialists have welcomed a new appeal ruling on arbitrator bias, saying it restores finality to arbitral proceedings.
Yemen faces multi-billion dollar arbitration
The Republic of Yemen has filed its defence and counter-claims in a multi-billion dollar International Chamber of Commerce arbitration brought against it by the Yemen Exploration & Production Company.
Interviews / Q&A
Q&A with Meg Kinnear
Meg Kinnear has a unique role ‘marketing’ international arbitration to Canadians. She also takes a lead role in the country’s own appearances in international arbitration, thanks to her day job as senior general counsel and director general of Canada’s Trade Law Bureau. David Vascott met Canada’s Ms Arbitration
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