Catagory:Asia Pacific

Welcome to the 22nd edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

To view Arbitration World in our new online magazine format, click here.

To download a printable PDF of the publication, open the link above and click on the far right icon in the magazine toolbar at the top of the page.

We are delighted to be able to include in this edition a guest contribution from Rubini Ventouras, Group Executive Legal Affairs, Asia Pacific, of Newmont Mining Corporation.  In her article, Rubini offers her perspectives on the challenges associated with the management of disputes in multiple, widely varying jurisdictions and explains why arbitration remains her preferred process for the resolution of international commercial disputes.

We are also pleased to welcome a contribution from James Blick, Director at TheJudge Limited, a leading broker of litigation and arbitration funding and after-the-event insurance.  In his article, James offers some practical tips and insights on how to get the best deal when negotiating with potential third-party sources of funding for arbitration.

This edition also includes our usual update on developments from around the globe in both international commercial arbitration and investment treaty arbitration, along with specific articles covering some of those developments and other topics of interest in more detail, authored by members of K&L Gates’ International Arbitration Group.  This edition includes a contribution from our new colleagues in Melbourne, Australia (following the combination of K&L Gates LLP with Middletons, effective 1 January 2013) describing a recent constitutional challenge to the international arbitration regime in Australia.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email ian.meredith@klgates.com or peter.morton@klgates.com).

Welcome to the 21st edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

We are delighted to be able to include in this edition a guest contribution from David Burt, Corporate Counsel for E.I. du Pont de Nemours and Company (DuPont).  In his article, David describes the way in which DuPont’s “Global ADR Guide”, for use by DuPont’s 200 in-house lawyers across the world, came to be developed.

We are also pleased to include an article by Mick Smith, Partner & Co-Founder of Calunius Capital LLP, one of the leading providers of third party funding.  Third party funding is becoming ever more prevalent in both litigation and arbitration. In his article, Mick describes the processes of case assessment and case monitoring from the funder’s perspective.  This is the first of what will be a short series of articles on the important topic of third party funding in international arbitration.

We also include in this edition our usual update on developments from around the globe in international arbitration and investment treaty arbitration, along with specific articles covering some of those developments and other topics of interest in more detail, authored by members of K&L Gates’ International Arbitration Group.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email ian.meredith@klgates.com or peter.morton@klgates.com).

In this Issue:

• DuPont Navigates ADR Worldwide
• News from around the World
• World Investment Treaty Arbitration Update
• Third Party Funding: Case Assessment and Monitoring
• U.S. Supreme Court Fires Shot across Oklahoma’s Bow
• What Qualifies as an Investment? A Primer on Protecting Foreign Investments (Part 2)
• Astro: Affirming Singapore’s Position on Challenging Awards on Jurisdictional Grounds
• No Dispute About It – Dispute Boards are Hot in Chinese Construction Projects
• A Comparative Analysis of the “Choice of Law” Approaches to Privilege in International Proceedings
• UAE Arbitration Insight – New York Convention Shifts Enforcement Approach

To view the entire edition, click here.

From the Editors

Welcome to the 20th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

We are delighted that this edition includes a guest contribution from Abhijit Mukhopadhyay, President (Legal) of the Hinduja Group.  In his article, Abhijit offers his thoughts and perspectives on the topical subject of arbitration in India.  This represents what we expect to be the first of a number of guest contributions from in-house counsel in future editions of Arbitration World.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email ian.meredith@klgates.com or peter.morton@klgates.com).

In this Issue:

• Indian Arbitration: Recent Trends
• News from around the World
• World Investment Treaty Arbitration Update
• International Arbitration in Chile—2004 and Beyond
• Thailand Loses U.S. Appeal of Confirmation of UNCITRAL Award and Challenge to Arbitrability
• Important UK Privy Council Decision on Enforcement Against State-Owned Entities
• Saudi Arabia Introduces a New Arbitration Law
• The Democratic Republic of the Congo Joins OHADA and its Arbitration Mechanisms
• Developments at CIETAC – The New Arbitration Rules 2012 and the Rift with the Shanghai and Shenzhen Sub-Commissions
• The Revised 2012 Swiss Rules
• ‘Asymmetric’ Dispute Resolution Clauses: A Recent Russian Decision
• New York Courts Offer Further Support for Parties to International Arbitrations
• New Arbitration Rules in Poland: Lewiatan Court of Arbitration
• Pioneering Deep Sea Mining Project Heads to Arbitration Signalling a New Type of Extractive Sector Dispute
• What’s Done is Done – Or is it? Res Judicata in Domestic and International Arbitrations in the context of Insurance Coverage Disputes
• Investment Treaty Arbitration in Africa: Summary Overview

To view the entire edition, click here.

From the Editors

Welcome to the 19th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email ian.meredith@klgates.com or peter.morton@klgates.com).

In this Issue:

• News from around the World
• World Investment Treaty Arbitration Update
• U.S. Supreme Court Takes Another Look at the Enforceability of Pre-Dispute Arbitration Clauses
• The “SCC Emergency Arbitrator”: First Experiences with the Pre-Arbitral Interim Relief Procedure
• Guidance from the U.S. Second Circuit on Application of the Evident Partiality Standard
• Early Case Assessment: A Litigation Arrow in an Arbitration Quiver
• English Court Decides that Arbitration Agreement is Governed by Law of Seat of Arbitration and Prevails over Exclusive Jurisdiction Clause
• International Arbitration: Developments from Singapore
• Unsolved Mystery: Colombia’s International Arbitration Law
• Who Qualifies as an Investor? A Primer on Protecting Foreign Investments (Part 1)
• Developments in International Arbitration in Mauritius
• The Chamber of Arbitration of Milan and the “Mediterranean Project”
• Eurozone Exits: Possible Impact on Commercial Contracts
• U.S. Ninth Circuit to Consider Who Decides Arbitrability When Arbitration Clause Incorporates UNCITRAL Rules But Includes Carve-Outs

To view the entire June 2012 edition, click here.

Emerging Markets Special Edition

Welcome to the 18th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group.  This special edition focuses on issues and recent developments in emerging markets.  We also include our usual round-up of news items in international commercial arbitration and investment treaty arbitration.

We hope you find this edition of Arbitration World of interest, and we welcome any
feedback (email ian.meredith@klgates.com or peter.morton@klgates.com).

In this issue:

• News from around the World
• World Investment Treaty Arbitration Update
• Developments in Indian Arbitration
• Harmonizing Arbitration in China with International Best Practice
• Arbitration in Ukraine – Moving Forward
• Recent Developments on Arbitrability in Russia
• The Arbitration Landscape in Latin America

View the entire March 2012 edition here.

From the Editors

Welcome to the 15th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group. This special edition focuses on issues and recent developments in the insurance coverage field. We also include our usual round-up of news items in international commercial arbitration and investment treaty arbitration.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email ian.meredith@klgates.com or peter.morton@klgates.com).

In this Issue:

• News from around the World
• World Investment Treaty Arbitration Update
• Business Interruption Claims and Natural Disasters
• Drafting Arbitration Clauses for Insurance Policies
• Repeat Arbitrator Appointments and Issue Conflicts in Bermuda Form Arbitrations
• Continued Conflict over Whether McCarran-Ferguson Act “Reverse Pre-emption” Bars International Insurance Arbitrations
• Political Risk Insurance – Making Recoveries and the Use of Arbitration
• U.S. Courts Expand the Extent of Insurance Coverage for Construction Defects under Commercial General Liability Policies

View the entire May 2011 edition here.

From the Editors

Welcome to the 14th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email ian.meredith@klgates.com or peter.morton@klgates.com).

In this Issue:

• News from around the World
• World Investment Treaty Arbitration Update
• The New Hong Kong Arbitration Ordinance
• Rules on Impartiality and Independence of Arbitrators
• Recent English Decisions on Non-Parties to Arbitration Agreements
• Clearing the Hurdles of International Arbitration in Asia, Part 1
• Arbitration Provisions with a Non-U.S. Forum and Non-U.S. Choice-of-Law May Be Struck Down as Against U.S. Public Policy
• New International Arbitration Decree Strengthens the Attractiveness of Paris as a Place of Arbitration
• English Court Refuses to Expand Scope of Review of Arbitral Awards
• Enforcement of Foreign Awards in India – The Latest Instalment

View the entire February 2011 edition here.

From the Editors

Welcome to the 10th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email: peter.morton@klgates.com or ian.meredith@klgates.com).

In This Issue

• News from around the World
• The Arbitration Fairness Act: A Fundamental Shift in U.S. Arbitration Policy?
• Saipem v. Bangladesh: The Use of an Investment Treaty to Enforce an Arbitral Award
• ReliaStar Life v. EMC National Life: Second Circuit Allows Award of Attorneys’ Fees as a Sanction for “Bad Faith” in the Face of a Contrary Contract Term
• International Arbitration in Singapore: Recent Developments
• Proposed Changes in the Interface Between Courts and International Arbitration in the EU
• A Sea Change in 28 U.S.C. § 1782 Cases? U.S. Fifth Circuit and Two District Courts Refuse Discovery to Parties to Foreign Arbitrations
• Third Party Funding in Arbitration: A Perspective from England
• Protocol of Enforcement Affords Reassurance on Enforcement of DIFC-LCIA Arbitral Awards and DIFC Judgments Beyond DIFC Boundaries
• Recent English Decisions on Non-Parties to Arbitration Agreements

View the entire October 2009 Edition here.

Arbitration World is an update for clients and contacts on recent developments in international arbitration law and practice.

From the Editors
Welcome to the 9th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.
We hope you find this edition of Arbitration World of interest, and we welcome any feedback.

In This Issue
• News from around the World
• Enforceability in the United States of Class Action Waivers in Arbitration Agreements: The Third Circuit Court of Appeals Signs On To Majority Trend
• Legal Privilege – A Recurrent Problem in International Arbitration
• Challenges Ahead: Arbitrating with Russian and Eastern European Parties
• More U.S. Courts Permit Discovery in Aid of Foreign Arbitrations, but Texas Dissents: U.S.C. § 1782
• The Right to be Heard: CAS Award Annulled by Swiss Federal Supreme Court
• Recent ICSID Decisions on the Meaning of “Investment”
• U.S. Supreme Court Permits Non-signatories to Arbitration Agreements to Seek Stays of Litigation and Interlocutory Appeals under FAA

View the May 2009 Edition here.