GAR Volume 6 - Issue 6

What's next for the IBA arbitration committee? • Developments in Dubai • Freshfields lecture • Disposing of meritless claims

Features

Disposing of the problem of meritless claims

Adam Raviv, counsel at Wilmer Cutler Pickering Hale & Dorr in Washington, DC, argues that dispositive motions such as those seen in the US and English courts would be workable, enforceable and beneficial in international arbitration - and proposes some rule changes to accommodate them.

PRIME Finance: arbitrating in a quadrillion dollar market

Jeffrey Golden and Gerard Meijer speak to Alison Ross about their plans for a new institution in The Hague to resolve high-value disputes in the financial markets, drawing on the expertise of derivatives and arbitration specialists.

Global Briefing

CONSTRUCTION: ICC award should not have been set aside

In July the Singapore Court of Appeal – the city-state's highest court – upheld a decision setting aside an ICC award enforcing a dispute adjudication board decision in favour of a contractor under the FIDIC Red Book. Chris Seppälä, a partner at White & Case LLP in Paris and Special Advisor to the FIDIC contracts committee, says the court was wrong.

SLOVAKIA: Court expands powers of review

Slovakia's Constitutional Court has ruled it has jurisdiction to review and set aside domestic arbitral awards for errors of law, if they are so serious as to amount to a breach of the right to a fair trial. Martin Magál and Juraj Gyarfas, partner and associate at Allen & Overy in Bratislava, say the decision sets a dangerous precedent.

UK/HONG KONG: Inconsistent judgments on contractual waiver of state immunity

Kim Rooney, arbitrator and barrister at Gilt Chambers in Hong Kong, says two recent decisions by the English and Hong Kong courts show conflicting approaches to the question of whether states can contractually waive their sovereign immunity.

UKRAINE: New interim measures law passed

Yuliya Chernykh, a partner at Arbitrade in Kiev, says amendments to Ukraine's Civil Procedural Code providing for interim measures have ushered in some revolutionary changes to the recognition and enforcement stage.

US: Federal court permits 'anti-arbitration' injunction

A New York court has confirmed the power of US federal courts to enjoin arbitral proceedings in the absence of an arbitration agreement. Jennifer Gorskie, senior associate at Chaffetz Lindsey in New York, says the ruling still leaves many questions unanswered.

Conference Reports

COPENHAGEN: 30 years of the Danish Arbitration Institute

More than 200 arbitration practitioners from 14 countries attended a seminar in Copenhagen on the taking of evidence and witness conferencing to mark the 30th anniversary of the Danish Institute of Arbitration. Danish lawyer Tania Saigol Roth reports.

LONDON: The UK-Russia axis

Arbitration of Russian disputes - in London and in Russia - was the theme of a recent event co-hosted by Hogan Lovells and The CityUK. Hogan Lovells senior associate Nathan Searle reports.

LONDON: Why still ICSID?

A conference in London this month considered how specific attributes of the ICSID regime – including its summary disposal procedure and the annulment mechanism – are shaping the current climate of investment treaty arbitration. David Earnest, an associate at host firm Hogan Lovells, reports.

TAIPEI: Arbitrating cross-straits and internationally

The latest Taipei Arbitration and Mediation Conference covered a range of fundamental issues in international arbitration as well as cross-Straits arbitration (between Mainland China and Taiwan). David Kreider, an experienced arbitrator in Asia-related disputes and general counsel of Vodafone in New Zealand, reports.

VIENNA: ICC roadshow pulls into town

The ICC Court came to Vienna on 3 and 4 October to market its revised arbitration rules. Jarred Pinkston, of counsel at Dorda Brugger Jordis in Vienna, reports.

Wanted: South-East Asian arbitrators

The successful growth of arbitration in parts of South-East Asia is being held back by a lack of government and court support and a critical shortage of homegrown arbitrators, a Herbert Smith partner told an audience in Washington, DC last week.

Book Reviews

BOOK REVIEW: EU and US Antitrust Arbitration: A Handbook for Practitioners, volumes 1 & 2

Chief editors: Gordon Blanke & Phillip Landolt. Published by Kluwer Law International, 2011. Reviewed by Professor Andrew Guzman, Berkeley School of Law.

BOOK REVIEW: Set-off Defences in International Commercial Arbitration: A Comparative Analysis

Author: Christiana Fountoulakis. Published by Hart, 2011. Reviewed by Stefan Kröll, sole practitioner in Cologne.

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