GAR Volume 5 - Issue 4
Gulf of Mexico oil spill: The lawyers manoeuvre into position
Arbitration in South Africa - Russia - Francisco Orrego Vicuña interview - Inside the ICC Court
Features
Deepwater Horizon and international arbitration
Months after the explosion on the Deepwater Horizon Rig that killed 11 workers and caused the largest offshore oil spill in US history, the battle to stop the flow of oil is just about over. Kyriaki Karadelis considers the legal fall out and where international arbitration will fit into the picture
End of the Piero Foresti show
Alison Ross looks back on the recent award in Piero Foresti, Laura de Carli v South Africa, which paves the way for future cooperation between South Africa and the mining sector
From ICCA to the icecaps: an interview with Francisco Orrego Vicuña
The Chilean arbitrator who sat in Maffezini v Spain, Fedax v Venezuela and Joy v Egypt, as well as the Enron and Sempra Energy claims against Argentina, speaks to Alison Ross.
Interview: Wolf von Kumberg
The European legal director for US aerospace firm Northrop Grumman talks about the company’s approach to international arbitration and the unique aspects of aerospace arbitration, as well as his role as a member of the steering committee of the Corporate Counsel International Arbitration Group, the CCIAG
RUSSIA: You have an award, but now what?
Victor Dumler, a senior international commercial arbitration and litigation specialist at Egorov Puginsky Afanasiev and Partners in St Petersburg, considers the ease of enforcing foreign arbitral awards in Russia – particularly recent cases where parties have resisted enforcement saying they were not notified of necessary information regarding the arbitration or that it breached public policy
South Africa - is it time?
Ke nato – "it is time" – was the slogan of the 2010 FIFA World Cup in South Africa, suggesting a country ready to become a player on the global stage. But can South Africa rise to prominence in international arbitration – or will legislative lethargy, political controversy and even racial sensitivities continue to blight development in this area? Alison Ross reports
Global Briefing
ARGENTINA: New York Convention does not require Exequatur, say courts
Federico Godoy and Juan Sonoda of Beretta Godoy in Buenos Aires report on recent case that confirms that the New York Convention suppresses the requirement of exequatur (a special procedure to incorporate an award into the Argentine legal system
CONSTRUCTION: Updating FIDIC contracts - room for improvement in dispute resolution provisions?
FIDIC contracts are widely used for international construction projects. Ben Mellors, an associate at White & Case and co-author of FIDIC Contracts: Law and Practice, looks at particular aspects of the dispute resolution provisions of recently published FIDIC contracts, along with those currently being updated
INVESTMENT TREATY ARBITRATION: Ad hoc committee annuls Sempra
A recent decision in the longrunning case of Sempra Energy v Argentina saw an ad hoc ICSID committee annul the tribunal’s award on the basis that the tribunal had manifestly exceeded its powers. Matthew Weiniger and Ruth Byrne of Herbert Smith LLP report
MONEY COLUMN: Upholding a “baldly stated” sum
The February 2010 decision of the ICSID annulment committee in the dispute between investors Rumeli Telekom and Telsim Mobil and Kazakhstan highlights how tribunals may resolve the fundamental problem in expropriation cases of the “inherently uncertain” quantification of a business’s market value. Mark Kantor, a Washington, DC attorney and member of the Global Arbitration Review editorial board, says that, for the annulment committee, the process of calculating the amount to be awarded is one of “informed estimation” by the tribunal
NETHERLANDS: Supreme Court decision in Rosneft v Yukos
Thabiso van den Bosch, a partner at Conway & Partners in Rotterdam, considers a Russian oil company’s recent appeal to the Dutch Supreme Court over the enforcement of four arbitral awards against it – and how it failed on a point of admissibility
POLAND: Energy regulation and arbitration
When Poland’s Law and Justice party was swept out of power in the 2007 election, it left a row over obligatory fuel reserves as a parting gift to the new ruling party, led by Donald Tusk. Tomasz Wardynski, a partner at Wardynski & Partners in Warsaw, reports on the dispute, now the subject of an arbitration in Stockholm
RUSSIA: Court refuses to enforce an ICC award for lack of evidence of due notice and public policy violation
On 1 July, the Commercial Court of Tomsk refused to enforce an arbitral award rendered by the ICC Court of International Arbitration in February 2007 in a dispute between two former subsidiaries of Yukos Oil Company – Tomskneft and Yukos Capital. Dmitry Davydenko and Alexander Muranov of Muranov Chernyakov & Partners in Moscow report
RUSSIA: MKAS award set aside after arbitrator’s death
One of the essential features of arbitration that distinguishes it from litigation is the parties’ right to appoint arbitrators. So what happens if one of the arbitrators selected by the parties dies or is unable to proceed further with the arbitration hearings? Timur Aitkulov, Dmitry Malukevich and Anna Nikulina, of Clifford Chance CIS report on a recent decision of the Supreme Arbitrazh Court of the Russian Federation that tackled this question
SINGAPORE: Revised SIAC arbitration rules enter into force
The revised Arbitration Rules of the Singapore International Arbitration Centre came into force on 1 July 2010, replacing the 2007 rules. Richard Hill, a partner at Fulbright & Jaworski in Hong Kong welcomes this latest aspect of Singapore’s efforts to promote itself as a hub for arbitration in Asia, as most visibly demonstrated by the opening of Maxwell Chambers in early 2010.
UK: Court rules on enforcement and sovereign immunity
In a recent decision with implications for arbitration, the Court of Appeal in London clarified the construction of section 31 of the Civil Jurisdiction and Judgments Act 1982 in the context of sovereign immunity claims under the State Immunity Act 1978 Matthew Page, an associate at Dewey & LeBoeuf LLP, reports on an important judgment for those acting for or against sovereign states in proceedings in a foreign court and clarifies the law on enforcement of foreign judgments in this context
US: Severability doctrine extended
Hagit Elul, an associate at Hughes Hubbard & Reed LLP, reports on a US Supreme Court case that extends the doctrine of the severability of arbitration agreements
Conference Reports
Arbitration in the EU a “nightmare”?
Arbitration in Europe seems fated to be “steamrollered by the juggernaut of EU conformity”,with the New York Convention no longer functioning and tribunals unable to determine their own jurisdiction, an audience in London heard last week.
Matthew Weiniger, of Herbert Smith LLP in London, made this bleak assessment as part of a talk entitled “Nightmare or Fairy Tale: Arbitration and the EU”, in which he discussed the effect of last year’s decisions by the European Court of Justice in West Tankers and the English Court of Appeal in National Navigation v Endesa. Sebastian Perry reports.
Arbitrators gather in Spain
The Spanish Arbitration Club (CEA) held its fifth international conference in Madrid on 20-22 June, entitled “Arbitrators: A Global View”. The event was opened by the Spanish minister of justice, Francisco Caamaño Domínguez, who discussed the draft reform bill to the Spanish Arbitration Act recently submitted to the council of ministers for approval; and CEA co-chair Jesús Remón, who spoke of the importance of arbitration as an authentic “infrastructure for investment” and the essential role of arbitrators in that process. Remón highlighted the certainty offered by Spanish cities as a seat of arbitration and the active role of the Spanish and Portuguese-speaking arbitration community in promoting international arbitration.
BIICL takes investment treaty forum to Paris
A panel in the first BIICL Investment Treaty Forum event to take place in Paris considered challenges to arbitrators, provisional measures and the Salini test – with French arbitrator Brigitte Stern chairing
CONFERENCE REPORT: Resolving Energy and Infrastructure Disputes in Nigeria
As the world watched developments in the oil spill in the Gulf of Mexico, arbitration practitioners gathered in Lagos in late July to exchange ideas on the resolution of energy and infrastructure disputes, and the impact of the industry on the economy, environment and development. Céline Lachman of Clifford Chance in Paris reports
From emergencies to emerging markets
Emergency arbitration, ethical issues and arbitration in emerging markets were on the bill at this year’s AIJA Annual Arbitration Conference in London. Gisela Knuts and Henrik Fieber of Roschier report.
Inside the ICC Court
What goes on behind the closed doors of the ICC Court? An event in Paris recently offered outsiders the chance to learn how the court approaches challenges to the independence or impartiality of arbitrators. Tom Toulson reports
Italian conference considers criticism of international arbitration
Lucy Reed of Freshfields Bruckhaus Deringer in New York focused on the “drumbeat of criticism” against arbitration at a recent conference in Milan. Daniele de Carolis of the University of Trento reports.
Book Reviews
International Commercial Arbitration in New York
Editors: James H Carter and John Fellas.
Publisher: Oxford University Press
The ICSID Convention: A Commentary (Second Edition)
Authors: Christoph Schreuer with Loretta Malintoppi, August Reinisch and Anthony Sinclair.
Publisher: Cambridge University Press
The Vienna Rules: A Commentary on International Arbitration
Authors: Franz T Schwarz and Christian W Konrad.
Publisher: Wolters Kluwer, 2009


