India gives Hong Kong a golden opportunity
A recent administrative event in Delhi may have profound implications for the ongoing rivalry between Singapore and Hong Kong as Asia’s arbitration hubs of choice.
On 19 March 2012 India confirmed that it will add the Peoples’ Republic of China (including the Special Administrative Regions of Hong Kong and Macao) to the list of so-called “gazetted” states. Only arbitral awards rendered in states notified via the Government of India Official Gazette will be recognised and enforced in India under the New York Convention. This condition flows from s.44 of the Indian Arbitration and Conciliation Act 1995. The list of 45 or so gazetted states (out of 144 ratifying New York Convention s [...]
Key changes to the CIETAC Arbitration Rules
The China International Economic and Trade Arbitration Commission (“CIETAC“) has recently published its revised Arbitration Rules, which will come into force on 1 May 2012 (the “2012 Rules“). This is the seventh revision of the CIETAC Rules since they were first published in 1956. Whilst the majority of the changes in the 2012 Rules are aimed at clarifying existing practice, a number of the developments may have a significant impact on the conduct of CIETAC proceedings in the future.
The publication of the 2012 Rules comes at a time when CIETAC’s influence is perhaps greater than it has ever been. Whilst many alternatives exist, CIETAC maintains a dominant position in China, where PRC [...]
Job Posting: Managing Editor of ITA Arbitration Report of Kluwer Arbitration
As many of you know, I am the General Editor of the ITA Arbitration Report of KluwerArbitration.com database, the primary online research portal for international arbitration practitioners. On behalf of the folks at Kluwer and the Institute for Transnational Arbitration, I am happy to announce an opening for the position of Managing Editor for the ITA Arbitration Report of the Kluwer database. Details about the job posting are available here.
Basically, the Managing Editor would report directly to me and would liaise with the ITA Board of Reporters, who represent some of the leading international arbitration practitioners from around the world. The essential duties of the ITA Managing Edi [...]
Jerusalem Arbitration Center: Merchants of Peace
Last week I had the good fortune to attend a reception in Washington D.C. with various arbitration luminaries announcing the inauguration of the Jerusalem Arbitration Center.
With almost $5 billion in annual trade between Palestine and Israel, it is imperative to establish a neutral forum for resolving business disputes. JAC is established under the auspices of the International Chamber of Commerce. Zahi Khouri and Yara Asad of ICC Palestine and Oren Schachor and Baruch Mazor of ICC Israel were on hand to announce the partnership. JAC’s goal is to establish, in John Beechey’s words, “a truly neutral and independent forum.”
Catherine Rogers at Penn State has been actively invol [...]
New Scholarship: The Rules, Practice, and Jurisprudence of International Courts and Tribunals
- By Chiara Giorgetti, White & Case LLP,
for White & Case
The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Martinus Nijhoff Publishers, 2012) has just shipped.
I am the (proud) editor and a contributor of the book and am delighted to have the opportunity to bring it to the attention of this group. I think it will be of special interest to arbitration practitioners.
The book examines the main existing international dispute resolution bodies in a systematic, comprehensive and accessible way.
To the extent possible, chapters are structured similarly, and each chapter explores a specific dispute resolution forum.
After a short introduction of the forum, each chapter provides essential information of the institution examin [...]
Arbitration in Times of Crisis
International arbitration has long played an important role in resolving disputes that arise out of political and economic crises. “Arbitration in Times of Crisis” is the theme of the 9th Annual ITA-ASIL Conference on 28 March 2012 in Washington, D.C. (see program). The conference will focus on lessons from the past use of arbitral mechanisms in times of crisis and an evaluation of 10 years of investor-state arbitration arising from the Argentine economic crisis.
From the Jay Treaty (1794) to the current investor-state arbitration regime under investment treaties, states have used international arbitral mechanisms to resolve complex disputes involving key areas of nati [...]
