How long does an ICSID arbitration usually take? Thanks to a novel piece of research it's possible, now, to say. This summer Anthony Sinclair, of Allen & Overy’s international arbitration group, and colleagues Louise Fisher and Sarah Macrory, analysed 115 ICSID cases that went to a final award, breaking down their timetables and discovering how long, on average, each phase takes. But how long is that, and more to the point, is it flattering? 

This month, arbitration specialist Alex Baykitch started a new job – in Sydney. Had things panned out slightly differently, it might have been Singapore. According to an arbitrator who’s familiar with who’s-talking-to-whom in the region, Baylkitch was being courted by a number of international firms keen to expand their arbitration networks in Asia. He would have had to relocate, though, most likely to Hong Kong or Singapore – the “hot” seats for cases. If true, he wouldn’t have been the first. More international arbitration lawyers are treading the path out to Asia, at the request of their firms, while a fair few other firms have poached talent from the local legal community (see sidebar below).

Demonstrating that the law of karma knows few bounds, lawyers from Allen & Overy and McDermott Will & Emery were recently forced to swap the counsel table for the witness stand, when one side of an ICSID case attempted to back out of a settlement apparently brokered just before Christmas last year.

A main contractor might be drawn into arbitration with an owner over work performed by the subcontractor. Is there a way to avoid two arbitrations on the same issues? Ank Santens (partner, New York) and Kate Brown de Vejar (associate, Mexico City) of White & Case suggest there may be.

Over the summer, Japan’s arbitration body adopted fresh rules for administering UNCITRAL matters. Peter Godwin (partner) and Sean Izor (associate) of Herbert Smith in Tokyo report on some fairly low key changes

In a marked contrast with a previous decision, a CAS panel has factored a footballer’s transfer value into the damages awarded to
his former club. By Mark Kantor, Washington DC attorney and arbitrator.

There’s a possibility that Pakistan’s international arbitration ordinances could lapse in late November. What would the enforcement options be then? Antony Crockett (associate) of Clifford Chance LLP offers thoughts.

Recent decisions offer a glimmer of hope that Russian courts could one day accept immovable property matters as arbitrable. By Boris Karabelnikov of the Moscow School of Social and Economic Sciences.

Singapore’s Ministry of Law has recommended adopting
some of the UNCITRAL 2006 amendments, stopping short, however, of allowing tribunals to make ex parte preliminary orders.

A recent Supreme Court decision on bankruptcy and capacity to arbitrate could be the start of a slippery slope, if unaddressed. Phillip Landolt, partner at Charles Russell LLP in Geneva explains what he’d like to see.

Lawyers for Sempra Energy were recently given carte blanche to seek enforcement of a US$175 million award against Argentina, after an ad hoc committee decided the state failed to give plausible explanations for a failure to pay a sum into escrow. By Alison Ross, GAR assistant editor

Preparing for a mediation can be time consuming. If one side cancels it, and the issue hasn’t already been discussed, can the wasted costs be reclaimed? A pair of UK decisions shed light – and suggest that in rare circumstances the answer is “Yes”. By GAR staff

Despite a summer of new decisions, US lawyers say the position on section 1782 and international arbitration is little clarified, with judges apparently deciding a case at a time. By GAR staff

The youth arm of the NAI took a moment recently to toast its own and hold an international arbitration quiz. David Samuels reports

26 June

80 attendees

During the ABA’s August meeting, three practitioners attempted to explain the position on “manifest disregard” in the US, this side of the Supreme Court’s decision in Hall Street. By F Peter Phillips, independent arbitrator and mediator (Business Conflict Management LLC)

 2 August

This year’s ICC UK Annual Arbitration Practitioners’ Symposium compared US and UK practice. David Samuels reports the dialogue that unfolded in two of the sessions

9 July

112 attendees

A recent event in California left at least one participant with the sense something big is afoot. By James Rhodes, independent arbitrator in New York

2 June

160 attendees

AIJA runs an annual event on international arbitration. This year’s took place, in Zurich, across three days. Gisela Knuts (senior associate) and Henrik Fieber (senior associate) of Roschier report

Author: Gary B Born

Publisher: Wolters Kluwer

Pages in vol: 1,738

Author: Gary B Born

Publisher: Wolters Kluwer

Pages in volume: 1,565 with index