Inside Arbitration: Issue 21
Marking a decade of Inside Arbitration, this edition brings together the themes shaping today’s international arbitration landscape
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24 November 2011
UK - Court grants stay of proceedings where arbitration option exercised in related finance contract
In Deutsche Bank v Tongkah Harbour, the UK Commercial Court was asked to consider a suite of contracts dealing with the financing of a gold exploration …
11 November 2011
Are all foreign transactions protected by international investment treaties?
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30 October 2011
Our China Practice
For a guide to our China Practice in Chinese please click here. To read the guide in English please click here.
25 October 2011
Herbert Smith launches new edition of guide to dispute resolution and governing law clauses in China-related commercial contracts
Drafting governing law and dispute resolution clauses to be used in China-related commercial contracts is not straightforward, because Chinese law …
10 October 2011
Dubai World special tribunal rules on upholding arbitration agreements
A recent decision of the special tribunal established by a Dubai government decree to hear cases relating to the restructuring of the Dubai World group …
10 October 2011
The new ICC Arbitration Rules: promoting a modern view of international arbitration
On 12 September 2011, the International Chamber of Commerce (ICC) officially unveiled its new Arbitration Rules (the 2012 Rules), which come into force …
08 September 2011
The Court of Appeal rules on the arbitrability of shareholders claim
The question of the extent to which parties may agree to submit intra-corporate disputes, in particular claims under company legislation, to arbitration, …
27 July 2011
UK Supreme Court overturns controversial Court of Appeal ruling in Jivraj v Hashwani: arbitrators are not employees within the scope of UK anti-discrimination legislation
In a much anticipated ruling, the UK Supreme Court has clarified the status of arbitrators and confirmed that they are not employees, but "independent …
13 July 2011
ICSID – repeat appointments potentially relevant to applications for disqualification of an arbitrator
In OPIC Karimum v Venezuela the claimant, OPIC, requested the disqualification of the arbitrator appointed by Venezuela, Professor Philippe Sands, on the …
13 July 2011
Court of Cassation confirms setting aside of award for lack of due process where a tribunal had based its finding on a principle of law not discussed during the hearing
In 1998 Overseas Mining Investments Ltd (OMI), a privately held company incorporated in the Channel Islands, entered into a joint venture agreement with …
13 July 2011
Amsterdam Court of Appeal finding that Russian court's annulment of an arbitral award was the result of a "partial and dependent judicial process" gives rise to an issue estoppel in England
In Yukos Capital v OJSC Rosneft Oil Co the English High Court considered two preliminary issues in enforcement proceedings brought by Yukos Capital, in …
13 July 2011
Hong Kong Court of Final Appeal clarifies law of sovereign immunity in Hong Kong, with important implications for contracts with State entities
In its provisional judgment in Democratic Republic of the Congo v. FG Hemisphere Associates the Hong Kong Court of Final Appeal (CFA) found that absolute …
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Simon Chapman KC
Managing Partner, Disputes, Asia and Australia, Hong Kong
Andrew Cannon
Partner, Head of International Arbitration, London and Paris
Dr Patricia Nacimiento
Partner, Germany
Kathryn Sanger
Partner, Head of Disputes, China and Japan and Head of Private Capital, Asia, Hong Kong
Thierry Tomasi
Partner, Paris
Christian Leathley
Partner, Head of International Arbitration, US, London and New York
Craig Tevendale
Partner, Head of Energy Sector, London
Gitta Satryani
Managing Partner, Singapore Office, Singapore