By Jelita Pandjaitan and Justin Tang
The China (Shanghai) Pilot Free Trade Zone (the “FTZ”) was launched in September 2013 with promises of relaxed controls in key areas such as foreign exchange and foreign investment. In the subsequent nine months, a raft of initiatives have included the liberalisation of offshore RMB financing and other cross-border investment and hedging transactions for entities registered with the FTZ and the opening up of the highly regulated e-commerce and value-added telecoms sector within the FTZ.
Where new business flows, disputes inevitably follow and the Shanghai International Economic and Trade Arbitration Commission (also known as the Shanghai Internationa [...]
and Sapna Jhangiani, Clyde & Co. and Joseph P. Matthews J.D., University of Miami School of Law
for Young Arbitration Practitioners
It has been some time since the White Industries Australia Limited v Republic of India judgment was rendered against India in 2011. However, there remain several interesting aspects of the case still not widely known by the international arbitration community. For example, it is generally considered that this case was the first Investment Treaty Claim (ITA) against India. In fact, there was another ITA claim against India previously – the Dabhol case – which was related to a power project in State of Maharashtra, but was settled in 1996. This post seeks to set [...]
Recent posts suggest that “double hats” – practitioners who also act as arbitrators – have finally taken interest in the role of a tribunal secretary. Several years ago it would have been unthinkable for partners in major law firms to spend their time concerning themselves with what the tribunal secretary does, let alone post Kluwer blogs about it. Back in those dark days, major arbitral institutions, when asked directly, would either give a diplomatic and non-committal response or remain silent as to what their legal officers do when assigned the role of a secretary. That is largely why the tribunal secretary area of international arbitration has remained “grey”, as Michael Polkin [...]
Critical negotiation moments punctuate the entire timeline of an international arbitration, from before it starts to even after it is over. And when these moments arise, a practitioner’s ability to negotiate effectively can sometimes be as important as their mastery of the subject matter.
After all, what use is technical skill if you cannot deploy it to obtain good results?
Instances where practitioners must draw on their negotiation skills in international arbitration include:
Counsel selection and fees: when a dispute first arises, parties may negotiate with counsel who might handle the arbitration, over fee arrangements or the strategy to be pursued.
Arbitral appointments: in getting an a [...]
2013 saw the establishment of Serbia’s first arbitration institution which is not affiliated to the State – Belgrade Arbitration Center (BAC), created under the auspices of the Serbian Arbitration Association, a non-governmental and non-profit association of legal professionals and other individuals interested in arbitration law and promotion of arbitration.
BAC is the third arbitral institution in Serbia. The two other institutions reside within the Serbian Chamber of Commerce – the Foreign Trade Court of Arbitration (FTCA), which administers disputes containing a foreign element, and the Permanent Court of Arbitration, which resolves domestic commercial disputes. The BAC is the on [...]
In an encouraging ruling of earlier this year (see Case No. 249 of 2013 – Middle East Foundations LLC v. Meydan Group LLC (formerly Meydan LLC), Commercial Appeal, ruling of the Dubai Court of Appeal of 15 January 2014), the Dubai Court of Appeal confirmed the time extension provisions for rendering final awards under the DIAC Rules in an attempt to rectify an earlier ruling of the Dubai Court of First Instance in the same case (see Case No. 934 of 2012 – Middle East Foundations Group LLC v. (1) Meydan Group LLC (formerly Meydan LLC) and (2) Nael Buni, Commercial Plenary, ruling of the Dubai Court of First Instance of 14 February 2013), which essentially disregarded the full scope of the [...]