Expert Guides - Commercial Arbitration

In the Wake of Achmea: Early Assessments, Consequences, and Approaches

The Court of Justice of the European Union (“CJEU”) shocked the investment arbitration community in March earlier this year by ruling in the Slovakia v. Achmea case that Article 8 of the Netherlands-Slovakia bilateral investment treaty (“BIT”) was incompatible with EU law

20/09/2018 David M Orta, Quinn Emanuel Urquhart & Sullivan, US Kristopher Yue, Quinn Emanuel Urquhart & Sullivan, US Manuel Valderrama, Quinn Emanuel Urquhart & Sullivan, US

Celebrating Sixty Years of the New York Convention

In June 2018, the 60th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards — known the “New York Convention” — was celebrated at the United Nations Headquarters and the U.S. Courthouse in New York.

20/09/2018 Grant Hanessian, Baker McKenzie, US Christina Doria, Baker McKenzie, Canada

Procedural and Jurisdictional Aspects of Enforcing Foreign Arbitral Awards in the United States

Parties seeking to enforce foreign arbitral awards in the United States need to be mindful of important differences in the procedural and jurisdictional rules applicable to such awards, as compared with foreign money judgments

20/09/2018 John J Buckley Jr, Williams & Connolly, US

To what extent have Kenyan courts honoured the non-interventionist approach to arbitrations as espoused under the UNCITRAL model law?

The law in Kenya that governs matters arbitration is the Arbitration Act, No. 4 of 1995 (“the Arbitration Act”)

20/09/2018 Njoroge Regeru, Njoroge Regeru & Company, Kenya Claire Mwangi, Njoroge Regeru & Company, Kenya

Competent Courts in Arbitration-Related Matters in Light of the Current Legislative Amendments

The functions of state courts with regard to arbitration-related matters vary on a wide spectrum, from the collection of evidence through state courts, which would support the functions of the arbitral tribunal, to functions aimed at supervision of arbitration proceedings, such as set-aside actions

20/09/2018 H Ercüment Erdem, Erdem & Erdem Law Office, Turkey

Arbitration is an adventure

International arbitrators are a globetrotting bunch. One week it is Paris, the next Geneva, to be followed by Moscow, Stockholm, Vienna, Warsaw or New York

20/09/2018 Piotr Nowaczyk, Independent Arbitrator, Poland

The 2018 Vienna Rules: Tailored for Efficiency

It is an auspicious time in Vienna and Austria. While local residents are no doubt pleased that the nation’s capital has been ranked as the world’s most livable city for the ninth consecutive year, arbitration advocates in particular have reason to be optimistic

20/09/2018 Christian W Konrad, Konrad & Partners, Austria

Sovereign risk in international renewable energy investments: key lessons from oil & gas disputes

The energy sector is no stranger to sovereign risk

17/07/2018 Simon Maynard, Three Crowns, United Kingdom Agnieszka Ason, Three Crowns, United Kingdom

Language and Due Process in International Arbitration

With the growth of international trade, parties of diverse nationalities increasingly come to the arbitral forum with differing linguistic and cultural backgrounds

26/09/2017 John J Buckley Jr, Williams & Connolly, US

Challenging interim awards on jurisdiction in Swiss seated arbitrations

In the arbitration process, the state courts serve important roles

25/09/2017 Georg Naegeli, Homburger, Switzerland Mladen Stojiljkovic, Homburger, Switzerland

New Arbitration Rules of the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry

Following the Arbitration Law reform in Russia, most of the existing arbitral institutions would need to re-register and obtain a permit from the Russian Government to administer disputes in Russia before 1 November 2017

25/09/2017 Yaroslav Klimov, Norton Rose Fulbright, Russia Andrey Panov, Norton Rose Fulbright, Russia

It is not easy to start out as an arbitrator

Arbitrators are late starters. Actually, it is hard to start out as arbitrators

25/09/2017 Piotr Nowaczyk, Independent Arbitrator, Poland

Indonesia and beyond: Investment Treaties and Arbitrations. Can the problems be solved before the system dies out?

The first Bilateral Investment Treaty was entered into between Germany and Pakistan in 1959, but it was not until thirty years later that the popularity of such treaties began to reach a peak, with numbers shooting up rapidly between the early 1990’s and 2009, when such treaties began to be...

25/09/2017 Karen Mille, KarimSyah Law Firm, Indonesia

New Changes to Arbitration Framework in China’s Pilot Free Trade Zones

Based on existing judicial practice in China, matters without foreign elements cannot be submitted to offshore arbitration or to arbitration institutions outside of China

25/09/2017 Helena H C Chen, Pinsent Masons, China

Steps taken by arbitral institutions to speed up arbitration

“Time is money” – this saying is also true in the context of dispute resolution.

03/07/2017 Artem Doudko, Osborne Clarke, United Kingdom

Arbitrating shareholders disputes in Russia – will it become a popular option?

Starting from 1 February 2017, parties are able to enter into arbitration agreements in relation to so called “corporate” or shareholders disputes.

03/07/2017 Andrey Panov, Norton Rose Fulbright, Russia

Enforcing Arbitral Awards that Have Been Set Aside in the Seat Where the Award Was Made – Different Approaches Towards the Same Thorny Issue

The issue of whether an arbitral award that has been annulled or set aside in the seat of the arbitration can nonetheless still be enforced in another jurisdiction is one that continues to generate diverging viewpoints

14/10/2016 David M Orta, Quinn Emanuel Urquhart & Sullivan, US Michael A Fernández, Quinn Emanuel Urquhart & Sullivan, US

Interim Relief and the Court’s Role

Arbitration provides parties with a unique opportunity to prospectively choose a private system of justice

14/10/2016 Joe McArthur, Blake Cassels & Graydon, Canada

Dubai International Financial Centre: A go-to jurisdiction for enforcement

The Dubai International Financial Centre ("DIFC"), the common law off-shore exception within the UAE's civil law system, is quickly evolving into a go-to jurisdiction for enforcement actions

14/10/2016 Björn Gehle, Reed Smith, United Arab Emirates Roberta Wertman, Reed Smith, United Arab Emirates

Recognition and Enforcement of an International Arbitral Award Under Sections 51 and 52 of the Nigerian Arbitration and Conciliation Act

In Sundersons Limited & Milan Nigeria Limited v. Cruiser shipping PTE Limited & Universal Navigation PTE Limited1 the Court of Appeal in Nigeria interpreted the provisions of Sections 51 and 52 of the Arbitration and Conciliation Act CAP A18, LFN 2004 in favour of the recognition and enforcement of...

14/10/2016 Adedoyin Oyinkan Rhodes-Vivour, Doyin Rhodes-Vivour & Co, Nigeria

Istanbul Arbitration Center (ISTAC) Rules of Arbitration

The Istanbul Arbitration Center ("ISTAC") was established in line with the objectives to form an independent and autonomous institutional arbitration center that is capable of competing internationally

14/10/2016 H Ercüment Erdem, Erdem & Erdem Law Office, Turkey

Switzerland — a Favorable Seat of Arbitration for Foreign Antitrust Claims

Switzerland (especially Geneva and Zurich) has traditionally been a preferred venue for arbitration, generally ranking among the top three countries as a place for ICC arbitrations

14/10/2016 Franz Stirnimann Fuentes, Froriep, Switzerland Jean Marguerat, Froriep, Switzerland

Romania: New Horizons in Commercial Arbitration

The Rules enacted in 2012 had a very short life span, being completely changed in 2014

14/10/2016 Cosmin Vasile, Zamfirescu Racoti & Partners, Romania Cosmin Cojocaru, Zamfirescu Racoti & Partners, Romania

Hold Free And Harmless Clauses or Indemnification Clauses – One of the Main Issues in post contractual M&A Arbitration Proceedings

Most M&A transactions are subject of arbitration proceedings

14/10/2016 Mark C Hilgard, Mayer Brown, Germany

Genentech v Hoechst/Sanofi: new insights regarding the control of conformity by French courts of international arbitral awards with “international public policy”

For over ten years, since a 2004 Thales decision of the Paris Court of Appeal, followed in 2008 by an SNF decision of the Cour de cassation, the French highest court in civil and commercial matters, French courts have taken a restrictive position regarding the extent to which a court can review the...

14/10/2016 Jean-Christophe Honlet, Dentons, France

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