International arbitration newsletters

July 2012

Contacts

Introduction

International arbitration, our regular newsletter, covers subjects of practical relevance to our clients in an easily digestible format. We use our specialised expertise to make sense of the complex, ever-evolving international arbitration market, with issues often focusing on a single theme or geographic region.

December 2012In this issue we examine forthcoming amendments to the Brussels 1 Regulation affecting arbitration, new English case law on the determination of the law governing an arbitration agreement, the arbitration system in Hong Kong, and recent developments in India  which restrict the ability of local courts to interfere in international arbitrations seated outside the country.
July 2012In this issue we focus on Germany as a venue for international arbitration. We consider the latest twist in the West Tankers saga and how best to protect your arbitration agreement in the face of potential court proceedings in Europe, and also scrutinise recent developments in relation to bilateral investment treaty arbitration with reference to three recent cases on Most Favoured Nation clauses. The law in this area lacks clarity and we await further developments with interest.
April 2012When Macleod Dixon joined Norton Rose Group on 01 January we established a presence in Venezuela, Colombia and Kazakhstan in Central Asia, as well as enhancing our resources in Canada and Russia. In this issue we have asked our new colleagues in Caracas, Venezuela, to explore the conundrum in the disparity between the Venezuelan Constitution’s commitment to international and domestic arbitration and the state’s recent denunciation of the ICSID Convention. We also outline the changes introduced in the recently revised ICC Rules of Arbitration. And we take a look at P.R.I.M.E. Finance, the new arbitration institution for disputes concerning complex financial products, and its chances of addressing a number of perceived failings with existing dispute resolution mechanisms in this area.
October 2011In this issue we take the opportunity to focus on Africa. Topics covered include the development of Mauritius as an international arbitration centre for disputes with an African connection. We also consider the topical question of repeat appointments of arbitrators and evaluate the merits of mediation-arbitration (med-arb), a hybrid dispute resolution process still in its infancy.
June 2011In this issue we focus on Canada and look at both the development of arbitration in Canada and the increasing importance of investor-state arbitration. We also provide a commentary on the new IBA guidelines on drafting arbitration clauses.
March 2011In this issue we focus on the new French Arbitration Act, described by commentators as heralding one of the most liberal regimes in the world. We also comment on the UK Supreme Court decision in Dallah v Pakistan (a key decision on recognition and enforcement of foreign arbitral awards against states) and give an update on the status of EU bilateral investment treaties in the light of the Lisbon treaty.
December 2010In this issue we provide an update to the Jivraj case which has caused so much concern in the London arbitration market. A unique perspective on the arbitration process is provided in our discussion of a survey by Queen Mary College on “Choices in Arbitration”. We also look at the new UNCITRAL rules and at TheCityUK’s report on dispute resolution in London.
September 2010In this issue we look at a new English case, Jivraj v Hashwani [2010] EWCA 712, and its potential significance for English and European arbitration law since it holds that for the purposes of discrimination legislation an arbitrator is in “employment”. We also review the Greek arbitration market and CEDR’s Mediation Audit 2010.
April 2010In this issue we bring news of developments in sovereign immunity in Hong Kong in relation to the Court of Appeal decision in FG Hemisphere v DRC, highlight the significant changes to international arbitration in Bahrain and provide a guide to the changes in the latest draft of the IBA rules on evidence.
February 2010In this issue we highlight forthcoming major changes to arbitration in Australia with a review of the International Arbitration Amendment Bill and provide a guide to arbitrating in New Zealand. We also examine special circumstances in German law that can lead to a binding arbitration agreement being concluded without a written contract signed by both parties.
October 2009In this issue we focus on enforcement. We review the current position on enforcing arbitration awards in India and examine the Eton Group case in which a Hong Kong court upheld the enforcement of an arbitral award, despite the respondents arguing that performance of the original agreement had been impossible and that enforcement should therefore be refused on public policy grounds. We also consider the implications of the New York Court of Appeals’ decision in Koehler v The Bank of Bermuda (New York) Limited.
July 2009In this issue we provide practical advice on arbitral solutions for projects involving multiple parties and multiple related contracts. There are no easy answers in these complex cases but good drafting at the contract stage can give substantial advantages when a dispute arises. We also consider the limited circumstances in which the Hong Kong courts will refuse to enforce an arbitral award on public policy grounds and review the ECJ’s decision in the West Tankers case, which ruled that anti-suit injunctions in support of an arbitration clause were not compatible with the Brussels Regulation.
April 2009In this issue we focus on Europe and in particular the attitude of the Spanish courts to arbitration and the limited grounds which exist for setting aside arbitral awards. We also report on the decision of the European Court in West Tankers and deconstruct the beauty parade, in all its glory, to determine its value in the selection process.
February 2009In this issue we focus on Asia and report on the new rules for administered arbitration issued by the Hong Kong International Arbitration Centre. We give an insight on the issues currently being debated in relation to the proposed revision of the ICC Rules of Arbitration and report back from the 2008 ICC Arbitration Practitioners’ Symposium, and examine the increase in challenges on the grounds of arbitrator bias.
July 2008In this issue we focus on the Middle East and Asia, in particular the new arbitration law in the pipeline in the Dubai International Financial Centre and new legislation being proposed in Hong Kong. With the Indian Supreme Court giving local courts power to scrutinise foreign arbitration awards, we examine how to avoid their intervention.