The “Paris Agreement" is being widely proclaimed as a historic deal and one that will inevitably lead to decarbonisation.
June 10, 2016
Key developments that will be of interest to and affect our asset management clients, including market trends and developments in tax and buy-side regulation.
June 09, 2016
Competition law exemptions in East Asia; NDRC proposes rules on exemption procedures under China’s Antimonopoly Law
June 02, 2016
In September 2008 Norton Rose Fulbright conducted a client survey entitled “Credit Crisis: the long term implications of a turbulent market”. As part of the survey respondents were asked when they thought the effects of the global financial crisis would dissipate. 74.6% responded one to five years, 11.9% responded five to ten years, and only 5.2% responded that the effects would be permanent.
June 01, 2016
We speak with Richard Naimark, Senior Vice President of ICDR Global Operations, about the ICDR’s extensive presence in Latin America, its efforts to address party and counsel misbehavior, and its unique experience with implementing and managing emergency arbitrators.
May 25, 2016
The Hague Convention on Choice of Court Agreements might achieve for litigation what the New York Convention managed for arbitration. It should be taken into account in any strategic planning around disputes and dispute resolution, although it has not had time to build up a hinterland of case law and academic publishing.
Where a non-signatory is involved in performing a contract it may be bound by the arbitration agreement. ‘Good faith’ will play a role, as case law concerning the ‘group of companies’ doctrine reveals. The solution is to be absolutely clear in your arbitration agreement as to whether you wish it to extend to non-signatories involved in a project.
In Australia, any attempt to derail the arbitration process by involving the courts will be looked upon unfavourably. If you are unhappy with the process, go to the tribunal, wait for them to decide on the issues you raise, and do not seek court intervention prematurely. This point was underlined in 2015 when the Federal Court of Australia dismissed a challenge to the appointment of two arbitrators in the Sino Dragon v Noble Resources dispute.
Update from the US: Atlanta now has a specialized court to handle international arbitration as well as a centre for international arbitration and mediation (established 2015) and an arbitration code (enacted 2012) based on the UNCITRAL model law.
Philip Morris Asia’s claim against Australia concerning Australia’s plain packaging laws has come to an end. The tribunal ruled (in December 2015) that it had no jurisdiction to decide the claim, which was filed in 2011, under the 1993 HK–Australia BIT.
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