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International arbitration report

Issue 1

Publication November 2013

In this first edition we have articles from lawyers based in the US, the UAE, Canada, Australia, Russia, Germany, the UK, Hong Kong and China.

The selection of case analyses, practical guides and market commentaries below provide a snapshot of the issues facing the global market today.

Contents

Examining IBA Guidelines on Party Representation in International Arbitration
A summary of the 27 guidelines, which may yet become de facto reference points for tribunals and counsel.

International commercial arbitration - A guide for US judges
A review of The Guide, produced in response to the increasing number of applications before the US courts relating to international arbitration.

Kiobel's impact on disputes in international law
An analysis of the US Supreme Court decision in Kiobel v Royal Dutch Petroleum, and its impact on the application of the US Alien Tort Statute.

The CIETAC Q&A
Following the breakaway of two of the CIETAC's sub-commissions, we explain the resulting impact and the steps that companies can take to mitigate the related risks.

International arbitration in India
A review of the recent pro-arbitration approach of the Indian judiciary, the pitfalls that remain within the legal regime and suggested precautions for investors.

A warm welcome for new arbitration regulations in Abu Dhabi
Analysis of the new Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) arbitration regulations.

The Supreme Arbitrazh Court of Russia
A discussion of the implications of the two recent practice reviews on enforcement and interim measures.

Hong Kong recognizes emergency relief
Commentary and analysis of the new Hong Kong Arbitration (Amendment) Ordinance 2013, which came into force on July 19, 2013.

Western Australia - The case for an arbitration centre in Perth
Proposals for a new specialist energy and resource arbitration centre.

Myanmar - The New York Convention enters into force
An analysis of the Myanmar market following accession to the New York Convention in July 2013 - another step towards opening Myanmar to foreign investment?

The High Court of Australia - On the constitutional validity of enforcement
Following an unsuccessful challenge to Australia’s international arbitration legislation, we explain the arguments and ruling of the High Court of Australia

The Federal Court of Australia - Liquidation no shield against enforcement
A discussion of the Eopply case, and its confirmation that an arbitration award may be enforced against a company in liquidation.

Drafting ICC arbitration agreements
Where one party to an arbitration agreement is a state or state entity the ICC recommend modifying their standard clause with certain provisions.

“Local remedy first” - ICSID and the Kilic decision
An analysis of a number of ICSID decisions concerning “local remedy first” provisions, including Kilic.

Our international arbitration practice

We combine more than 20 years of international arbitration experience with a commercial approach, to offer our clients the very best chance of determining their disputes promptly, efficiently and cost-effectively. Our international arbitration group operates as a global team, regardless of the geographic location of the individual.

We deliver experience across all aspects of international arbitration, from commercial arbitrations to investment treaty arbitrations; skilled advocates experienced in arguing cases before arbitral tribunals, who will oversee the dispute from start to final award; and a commercial approach from a dedicated team experienced in mediation and negotiation and skilled in promoting appropriate settlement opportunities.


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