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VIENNA: Building a framework for Europe

Friday, 24 February 2012

Europe and the law

Three panels at the Vienna Arbitration Days focused on the overlap of international arbitration and European Law and ways that the framework for arbitration in Europe should be developed. Alfred Siwy, an attorney at Schoenherr in Vienna, reports.

INVESTMENT TREATY ARBITRATION: Tribunal split over counterclaim

Wednesday, 22 February 2012

Bucharest

Matthew Weiniger and Jennifer Hartzler, partner and associate at Herbert Smith in London, reflect on an ICSID tribunal's split decision regarding the role of investor consent in deciding whether to arbitrate a host state's related counterclaim.

SAN FRANCISCO: Three debates on three hot topics

Monday, 20 February 2012

The Golden Gate bridge, San Francisco

Representatives of five young practitioners’ groups debated current issues in international commercial and investor-state arbitration before a mixed-age audience in San Francisco. Thomas Walsh, an associate at Sullivan & Cromwell in New York and the chair of the Institute for Transnational Arbitration’s Young Arbitrator Initiative, reports.

JAPAN: Public policy and procedure collide to sink an arbitral award

Friday, 17 February 2012

An extract from the judgment published in Hanrei Jiho No 2128 at 58

A Japanese court has set aside an arbitral award for the first time under the country’s 2004 Arbitration Act. Nicholas Lingard, a Japanese-speaking associate in Freshfields Bruckhaus Deringer’s New York office, and Akiko Yamakawa, senior counsel in Freshfields Bruckhaus Deringer’s Tokyo office, report.

RUSSIA: Can corporate disputes be referred to arbitration?

Friday, 17 February 2012

Moscow International Business Centre

Two recent Russian court rulings help determine whether "corporate disputes" can be resolved by arbitral tribunals under Russian law. Timur Aitkulov and Julia Popelysheva, partner and senior associate at Clifford Chance in Moscow, report.

VENEZUELA: The consequences of ICSID denunciation

Tuesday, 14 February 2012

El Hacha waterfall in Venezuela's Canaima National Park

Barrie Sander, of Herbert Smith in London, considers Venezuela's recent withdrawal from the ICSID Convention, analysing the different schools of thought on its legal implications.

PARIS: Making mediation happen

Friday, 10 February 2012

The event on 2 February

Calliope Sudborough, deputy manager at the ICC International Centre for ADR, and Ben Moss, deputy counsel at the ICC International Court of Arbitration, report on the ICC's third international mediation conference in Paris, which explored the challenges users and their counsel face.

HONG KONG: Looking back at the Year of the Rabbit

Thursday, 09 February 2012

The Year of the Rabbit has given way to the Year of the Dragon

As China ushered in the Year of the Dragon, the HK45 young practitioners group looked back at the Year of the Rabbit and some of the key arbitration-related decisions of the Hong Kong courts. Ula Cartwright-Finch, an associate at Herbert Smith in Hong Kong, reports.

HONG KONG: State-owned enterprises – a non-issue in the Congo case

Tuesday, 07 February 2012

The Democratic Republic of the Congo's victory last year in the Hong Kong courts provoked concern among clients that Chinese state-owned entities would also be able to claim immunity in Hong Kong. P Y Lo, a barrister in England & Wales and Hong Kong, explains why those fears were misplaced.

HONG KONG: Some Wilde thoughts on jurisdiction

Friday, 03 February 2012

The Importance of Being Earnest

David Bateson, a partner at Mallesons Stephen Jaques in Hong Kong, reports on the latest Kaplan lecture, in which UK appeal court judge Lord Justice Bernard Rix found inspiration in an Oscar Wilde quote on the nature of “truth”.

AUSTRALIA: Apex court speaks out on adequacy of arbitral reasons

Friday, 03 February 2012

The Australian High Court in Sydney

Albert Monichino SC, a senior counsel and arbitrator at List A Barristers in Melbourne, considers a recent decision of the High Court of Australia that tackled conflicting case law on the standard of reasons required of an arbitrator in a domestic arbitration context (with potential impact on the Model Law scheme).

MONEY COLUMN: Experts do not come cheap

Thursday, 02 February 2012

Calculator

Mark Kantor, an independent arbitrator in Washington, DC, says the just-published award in ExxonMobil's ICC dispute with Venezuelan state oil company PDVSA shows a remarkable disparity in what the two sides paid in experts' fees.

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