Expert Guides - Commercial Arbitration

Allegations of Corruption in Investment Treaty Arbitration: The Need for Reform

Investment arbitration tribunals have addressed allegations of corruption with asymmetrical and divergent conclusions regarding the consequences for investors and states and the appropriate standard of proof

17/09/2019 David M Orta, Quinn Emanuel Urquhart & Sullivan, US Brian Rowe, Quinn Emanuel Urquhart & Sullivan, US Lucas Loviscek, Quinn Emanuel Urquhart & Sullivan, US

Arbitrability of Corporate Law Disputes

In Turkish law, there are two pieces of legislation that deals with arbitrability

17/09/2019 H Ercüment Erdem, Erdem & Erdem Law Office, Turkey

Climate Change disputes – New litigation risks

Climate change has become one of the most eminent issues of our time

17/09/2019 Thomas Lennarz, CMS Hasche Sigle, Germany

Keeping up with the times: arbitrating small and mid-sized claims under the 2018 DIS Rules

On 1 March 2018, the German Arbitration Institute (Deutsche Institution für Schiedsgerichtsbarkeit e.V. – “DIS”) launched its new arbitration rules (“DIS Rules”)

16/09/2019 Gustav Flecke-Giammarco, Seven Summits Arbitration, Germany Gebhard Bücheler, Seven Summits Arbitration, Germany

Public policy as a defence to the enforcement of arbitral awards

Both the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law on International Commercial Arbitration provide that a state may refuse to enforce an arbitral award if it is contrary to the public policy of that state

16/09/2019 Wai Hong Leong, Skrine, Malaysia

At the crossroads of litigation and arbitration: restraining foreign litigation proceedings with an anti-suit injunction

Very often, parties to a contract may – whether intentionally or unintentionally – elect to disregard a binding agreement to arbitrate

16/09/2019 James Kwan, Hogan Lovells, Hong Kong James Ng, Hogan Lovells, Hong Kong

Emergency arbitrator rules among four major arbitral institutions: both alike and different

Regardless of the rules in an international arbitration, the arbitral tribunal is often not fully constituted until months after a request for arbitration is filed

20/03/2019 David Wilson, Sherman & Howard, US Adrian (“Jay”) Leonard IV, Sherman & Howard, US

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, Allen & Overy, 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, Allen & Overy, 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

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