GAR Volume 1 - Issue 5
Roundtable: The Under 45s versus the Heavyweights
ICSID's A-list - Research and development disputes - Global briefing
Features
Arbitration still number one
Michael Moser, partner, and Friven Yeoh, counsel, at O’Melveny & Myers’ China practice group are underwhelmed by the new arrangement on mutual enforcement of court judgments between Hong Kong and China
Barristers in their sets: a gap in the IBA guidelines?
Received wisdom considers the issue of barristers and arbitrators sharing sets of chambers as an ‘old’ one. So why are key guidelines still less than helpful on the point? Melanie Willems, partner, and Robert Blackett, associate, at Howrey LLP explore
Enforcement of Investment Treaty Awards: New York or Washington Convention?
Has the ICSID enforcement mechanism lost its ‘competitive advantage’? Robert Wisner, counsel, and Asha Kaushal, associate, at Appleton & Associates International Lawyers in Toronto, report
ICSID Arbitrators: is there a club and who gets invited?
Noah Rubins, associate at Freshfields Bruckhaus Deringer in Paris, and Anthony Sinclair, associate, and Matthew Hodgson, legal adviser at Allen & Overy LLP in London, examine the evidence
Transfer of technology: the next challenge for draftsmen
As research and development shifts from the developed world to China and India, is arbitration, as a process, ready? Stephen York, partner at Kilpatrick Stockton LLP in London, has doubts, but also suggests some solutions
Community News
Chilean specialist returns to Claro y Cia
Felipe Ossa has left Freshfields Bruckhaus Deringer to rejoin the dispute resolution team at Claro y Cia in Chile as a senior associate
French duo join niche UK firm
Top French arbitration specialists Jean-Louis Delvolvé and Jean Rouche have moved to the London construction firm Shadbolt & Co – raising a few eyebrows in Paris
Herbert Smith hires Thai specialist
Herbert Smith LLP has hired Thai dispute resolution specialist Surapol Srangsomwong as partner
Horton joins ADR Chambers
William Horton is leaving Blake Cassels & Graydon LLP to become a resident arbitrator and mediator at the Alternative Dispute Resolution Chambers in Toronto
Kimmelman joins Allen & Overy
Allen & Overy LLP has announced that Louis Kimmelman is joining as a partner in New York. Kimmelman, 55, is listed in the current edition of The International Who’s Who of Commercial Arbitration. He starts at his new firm on 2 November
Mayer joins Dechert
Dechert LLP has added Pierre Mayer an international arbitration specialist to its Paris office
Palacio anointed secretary general
Ana Palacio the general counsel of the World Bank Group has been elected secretary general at the International Centre for Settlement of Investment Disputes
Rubinstein becomes general counsel at PwC
Mayer Brown Rowe & Maw LLP dispute resolution head Javier Rubinstein has left to become global general counsel at PricewaterhouseCoopers
Schwartz swaps Freshfields for LeBoeuf Lamb
Freshfields Bruckhaus Deringer has lost arbitration partner Eric Schwartz to LeBoeuf Lamb Greene & MacRae LLP
Wood Group hires arbitration specialist
Francisco Balduzzi has left Fulbright & Jaworski LLP’s international arbitration group to become senior counsel for Latin America at a global energy services company, Wood Group Management Services. He will remain based in Houston
Roundtables
ROUNDTABLE: THE UNDER 45S VERSUS THE HEAVYWEIGHTS
Global Arbitration Review recently hosted an intergenerational roundtable. On one side of the table were a team of under 45 year-olds, and on the other, a team of senior figures. Their mandate was to have a no-holds barred debate on arbitration’s most sensitive subjects. David Samuels reports
Global Briefing
ASIA: Court grants Mareva for foreign arbitration
A Singapore court has confirmed the power to issue injunctions in support of foreign arbitral decisions, reports Nish Shetty, partner at the Wong Partnership in Singapore
Brazil says mixed-capital firms can arbitrate
Brazil’s Superior Court of Justice has confirmed that state companies can be bound by arbitration clauses
Chileans win round one at ICSID
Two Chilean investors have persuaded an arbitral tribunal at the International Centre for Settlement of Investment Disputes to accept jurisdiction over claims against Argentina
Energy charter treaty: new claims- Azpetrol launches ECT claim
A former parent of Azerbaijan’s largest oil producer, Azpetrol, has launched arbitration proceedings against the government of Azerbaijan under the Energy Charter Treaty
EUROPE: Swiss amendment to PILA expected soon
Switzerland’s legislators have approved changes to the key arbitration statute, reports Hansjörg Stutzer, a partner at Thouvenin Rechtsanwälte in Zürich
ICSID claims- Italians launch multibillion-dollar claim
A group of 170,000 Italian holders of Argentine bonds have filed a request for arbitration against Argentina at the International Centre for Settlement of Investment Disputes in Washington, DC
InterDigital wins ICC award
InterDigital Communications has been awarded US$134 million in a patent dispute with Samsung Electronics
INVESTMENT TREATY ARBITRATION: Azurix v Argentina
An ICSID tribunal has ordered the government of Argentina to pay Azurix more than US$165 million. Matthew Weiniger, partner, and Matthew Page, associate, at Herbert Smith LLP explain the panel’s reasoning
Kenya wins World Duty Free
The Republic of Kenya has successfully used a bribery defence to defeat a claim by World Duty Free at the International Centre for Settlement of Investment Disputes in Washington, DC
LATIN AMERICA: Jurisdiction accepted despite disposal of investment
National Grid, the only investor to have sold its investment in Argentina and continued its treaty-arbitration claim, has won its jurisdictional claim. Latin America correspondent Sylvia Noury*, senior arbitration associate at Freshfields Bruckhaus Deringer in London, looks at the potential impact
Mexico cleared of NAFTA breach
The government of Mexico has defeated a US$50 million claim filed by a US financial services firm under NAFTA chapter 11
MIDDLE EAST: UAE reveals draft law
Philip Punwar,barrister and chartered arbitrator at Al Tamimi & Company in Dubai, attended an event at which the United Arab Emirates showcased its new arbitration law. The verdict was mixed, he reports
Nomura emerges from Swiss limbo
The Czech Republic has lost an appeal against an arbitration award won by Saluka Investments. The appeal was being heard in Switzerland. Saluka is a subsidiary of Japanese bank Nomura
Philippines complies with ICC order
The government of the Philippines has complied with an interim order from an ICC tribunal in Singapore
Rhodia's claims rejected
An ad hoc arbitration tribunal in Paris has ruled against chemical company Rhodia in its dispute with Sanofi-Aventis
THE MONEY COLUMN: Set-offs and unrelated contracts
Mark Kantor, a Washington, DC attorney and member of the Global Arbitration Review editorial board, considers a new court ruling on the treatment of set-off defences under the UNCITRAL arbitration rules
Tribunal accepts National Grid claim
An arbitral tribunal has accepted jurisdiction over National Grid’s investment treaty claim, even though the UK company has exited the country in question and sold its investment
WESTERN EUROPE: Poland modernises
Tomasz Wardynski of Wardynski & Partners continues his column on recent changes to Poland’s arbitration framework
Corporate Counsel
CORPORATE COUNSEL: Francois-Philippe Champagne, ABB, Zurich
Name: François-Philippe Champagne
Age: 36
Company: ABB, Zurich
Title: group vice president and senior counsel
Age: 36
Company: ABB, Zurich
Title: group vice president and senior counsel
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