GAR Volume 1 - Issue 3
Tactics in case Asia's boom goes 'boom!'
Interviews - ICCA - Ethics - Updates
Features
Canadian Club
ICCA is international arbitration’s equivalent of the Olympic Games. This year’s congress was held in Montreal and saw at least 600 people attend. James Clasper reports on the highlights of ICCA’s return to North America after 20 years
Special focus: China - A Brief History of Arbitration in China
Honourable Justice Fei Zongyi, senior judge at the Supreme People’s Court, says the size of the market for arbitration in China is potentially enormous
Special focus: China - Boilerplate clauses for Chinese contracts? Think again
Boilerplate arbitration clauses can prove invalid under China’s laws. Nadia Darwazeh, counsel at O’Melveny & Myers LLP, and Lian Chin Chiang of Shearman & Sterling LLP explain why, and suggest innovations to add value
Special focus: China - Do China's BITs have teeth?
China appears to have accepted unrestricted arbitration in two investment treaties. Michael Moser, co-head of O’Melveny & Myers’s Asian practice, examines whether actual cases will now follow
Special focus: China - Hong Kong bounces back
Hong Kong’s arbitration regime is stronger for having faced problems says Neil Kaplan, QC
Special focus: China - How arbitration-friendly is China?
Jingzhou Tao, partner at DLA Piper Rudnick Gray Cary, says that support from courts and the law could still be improved
Special focus: China - More questions than answers?
Graeme Johnston, partner with Herbert Smith LLP in Shanghai, and Steve Kou of Herbert Smith LLP in Beijing answer some common questions about Chinese arbitration law
Special focus: China - Practical advice on Med-Arb
James Kwan, senior associate at Allen & Overy in Hong Kong, suggests ways to make mediation–arbitration in China more palatable
Special focus: China - Public Policy and Enforcement
A losing side will often cite ‘breach of Chinese public policy’ as a ground for refusing enforcement of international arbitral awards on the mainland. Gao Xiaoli, a judge of the Supreme People’s Court, explains how the court reacts to these arguments
Special focus: China - Q&A with CIETAC
Global Arbitration Review interviewed the vice chair of CIETAC, earlier this year
The ICCA men
Organising this year’s ICCA congress fell to Marc Lalonde (Stikeman Elliott) and Babak Barin (Woods) as chairs of the host committee, and Donald Donovan (Debevoise & Plimpton) as organiser of the programme committee. They talked to James Clasper.
Time to rock the boat?
Launched at the tail end of the 1960s, ICCA grew by breaking down barriers and fusing cultures. But ‘back to basics’ as a programme theme is hardly radical. James Clasper asks if the organisation has lost its edge
Wanted: An ethical compass
Lawyers from different traditions work under different ethical codes. Cy Benson, partner, and Charlie Lightfoot, associate, at White & Case in London explain how differences may lead to an uneven playing field
Community News
Hogan & Hartson adds in the US
Hogan & Hartson LLP has boosted its international dispute resolution practice with two US lateral hires.
LCIA to publish challenge decisions
The London Court of International Arbitration has decided to publish details of challenges to proposed arbitrators. Members of the court voted on 5 May at Tylney Hall to shed light on decisions given in challenge applications.
Lovells boosts New York office
Lovells has added to its ranks in New York, poaching former Brown Raysman arbitration specialist Edward Schorr.
Menon leaves Jones Day
Former Jones Day partner Sundaresh Menon has been appointed to the High Court of Singapore.
O'Melveny increases numbers in China
O’Melveny & Myers LLP has boosted its international arbitration practice in Shanghai. Nadia Darwazeh moved from Shearman & Sterling on 8 May, followed by Friven Yeoh from rivals Freshfields Bruckhaus Deringer.
Skadden poaches from London rival
Skadden Arps Slate Meagher & Flom LLP has boosted its international arbitration practice, hiring Norton Rose partner Bruce McCauley in London.
Survey captures corporate view of arbitration
A survey by PricewaterhouseCoopers and a leading school has exposed the attitude of corporations towards arbitration.
Surveys
Special focus: China - Superarbitrators for the mainland
Few leading figures work regularly on China’s mainland. David Samuels tracked down some who do
An Asian regional market?
The stock of contracts that name somewhere in Asia as seat or venue is growing.
David Samuels looks at the implications for local and international players
Global Briefing
Advantage, Canas at arbitration
The drug ban on Argentine tennis player Guillermo Cañas has been cut after he won an appeal before the Court of Arbitration for Sport.
Asia: Singapore court rules on difference between 'independent experts' and arbitrators
A decision by Singapore’s High Court establishes some principles for cases in which parties choose an independent expert, rather than an arbitrator, to resolve their differences. Nish Shetty, partner at Wong Partnership, explains
Central and Eastern Europe: Article suggests arbitration, for Russian deals
Patricia Nacimiento in Frankfurt and Oxana Peters in Moscow, of Nörr Stiefenhofer Lutz, report on a development that makes arbitration clauses more attractive for Russian contracts
ICSID ARBITRATION: One 'lost' annulment case
Anthony Sinclair, associate, Allen & Overy, London
ICSID retains jurisdiction over El Paso
The International Centre for the Settlement of Investment Disputes has retained jurisdiction over a US$200 million arbitration between the Republic of Argentina and El Paso Energy International Company.
Latin America: Another ICSID arbitration against Argentina passes the jurisdictional hurdle
Another decision on jurisdiction has gone against Argentina – the 14th such setback in its long-running treaty arbitration saga. Our Latin America correspondent Sylvia Noury, senior arbitration associate at Freshfields Bruckhaus Deringer in London, reports
MIDDLE EAST: New rules at Cairo Centre
Philip Punwar, barrister and chartered arbitrator at Al Tamimi & Company, Dubai
Occidental selects Debevoise for Ecuador claim
Occidental Petroleum Corp has selected Debevoise & Plimpton LLP to press its treaty arbitration claim against Ecuador.
RWE Nukem thanks saviour
RWE Nukem has thanked the law firm that assisted it in clarifying an unclear arbitral award. The energy company had been facing a US$174 million payout over the unclear award. It singled out White & Case and members of its international arbitration group after finally emerging unscathed.
SWITZERLAND: Court rejects competition law challenge
Phillip Landolt, associate, Tavernier Tschanz, Geneva
THE MONEY COLUMN: The less said, the better?
Mark Kantor, a Washington DC-based attorney and GAR editorial board member, examines a ‘no-damages’ clause that failed to work
TREATY ARBITRATION AND INVESTMENT DISPUTES: Adding up the costs
Matthew Weiniger and Matthew Page of Herbert Smith discuss the treatment of costs in international investment arbitration
Corporate Counsel
Corporate Counsel interview - Adrian Lumley-Smith, Rio Tinto
British mining company Rio Tinto recently experienced a rather parochial form of international arbitration in Ecuador. David Samuels asked in-house counsel Adrian Lumley-Smith if he had advice for others, following the experience.
Corporate Counsel: Karl Hennessee, Airbus SAS
NAME: Karl Hennessee
COMPANY: Airbus SAS
TITLE: Senior legal counsel, director of litigation & regulatory affairs
COMPANY: Airbus SAS
TITLE: Senior legal counsel, director of litigation & regulatory affairs
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