"1.2(d), or not 1.2(d)?"

Archive Article - Thursday, 03 September 2009

Featured In: Volume 4 - Issue 4 (Vol. 4 Iss. 4)

Green Paper rountable.  It may not be as existential as the Prince of Denmark’s, but a dilemma facing the EU is also profound. Should it delete article 1.2(d) of the Brussels I regulation, which creates a barrier between arbitration and the EU’s single justice area?

Special edition: roundtable on EU Green Paper

Archive Article - Wednesday, 05 August 2009

Featured In: Volume 4 - Issue 4 (Vol. 4 Iss. 4)

Green Paper roundtable. Supporters of a plan to bring arbitration into Europe's single justice area and their opponents went head-to-head in Brussels, recently, in the presence of the key official from the European Commission - to see if either could talk the other around.

Segment on 'anti-torpedo torpedo' proves bittersweet for its inventor

Archive Article - Wednesday, 05 August 2009

Featured In: Volume 4 - Issue 4 (Vol. 4 Iss. 4)

Green Paper Roundtable. The portion of the roundtable on Article 27A proved bittersweet for the article's inventor, professor Burkhard Hess, as he rectified a major misconception about the operation of his ‘anti-torpedo torpedo' while discovering his own role in causing the confusion with imperfect drafting.

Other options: how else could the EU fix the West Tankers problem?

Archive Article - Wednesday, 05 August 2009

Featured In: Volume 4 - Issue 4 (Vol. 4 Iss. 4)

Green Paper Roundtable. Participants in the roundtable proposed other ways that the European authorities could tackle current concerns with the operation of arbitration and Brussels I.

Karen Vanderkerkove: 'I understand more of the objections now'

Archive Article - Wednesday, 05 August 2009

Featured In: Volume 4 - Issue 4 (Vol. 4 Iss. 4)

Green Paper Roundtable. Burkhard Hess and Karen Vandekerckhove were the centrepieces of the roundtable, but how valuable did they find the occasion?

The policy backdrop

Archive Article - Wednesday, 05 August 2009

Featured In: Volume 4 - Issue 4 (Vol. 4 Iss. 4)

Green Paper Roundtable. As well engaging on the detail, participants in the roundtable left wiser on the policy backdrop that's going to shape who carries the day.

Improving 'new' Article 27A: how could it be done?

Archive Article - Wednesday, 05 August 2009

Featured In: Volume 4 - Issue 4 (Vol. 4 Iss. 4)

Green Paper Roundtable. Article 27A, it appears, would fail to achieve its goal, in the present form. How could it be redrafted more successfully, so that it will, on the one hand, "torpedo the torpedoes" but won't disturb the balance of kompetenz-kompetenz in any particular member state? A couple of ideas were proposed. 

Cui bono?

Archive Article - Wednesday, 05 August 2009

Featured In: Volume 4 - Issue 4 (Vol. 4 Iss. 4)

Green Paper roundtable. Critics of the proposals say New York and Geneva will benefit if these ideas proceed – but the Swiss lawyer present cast doubt on that hypothesis.

The dynamic of time and cost - the sequel

Archive Article - Wednesday, 15 July 2009

Featured In: Volume 4 - Issue 3 (Vol. 4 Iss. 3)

It’s the great unanswered question: why, when everybody knows the magic formula, does arbitration still run slow and cost too much? GAR asked three teams, representing users, advocates and arbitrators, to attend a round table that might illuminate the mystery. They began by debating how each saw the causes. Now, read on, as the teams’ focus shifts to solutions. Will they manage to unlock the conundrum?

The dynamic of time and cost

Archive Article - Friday, 01 May 2009

Featured In: Volume 4 - Issue 2 (Vol. 4 Iss. 2)

When everyone knows the magic formula, why aren't more arbitrations efficient? Global Arbitration Review asked three teams - one of arbitrators, one of advocates and one of in-house counsel - to explore the issue, in a three-way round table

High noon a round table over unpaid ICSID awards

Archive Article - Monday, 01 December 2008

Featured In: Volume 3 - Issue 6 (Vol. 3 Iss. 6)

For the past four years, Argentina and former investors in its infrastructure and utilities have been going at it before international tribunals.

On your marks, get set ... stop: Latin American arbitration  progress or more false starts?

Archive Article - Sunday, 01 April 2007

Featured In: Volume 2 - Issue 2 (Vol. 4 Iss. 2)

Sebastian O’Meara hosted a roundtable for members of the ICC’s LatinAmerica group, past and present