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Security for Costs in Investment Arbitration: Is Misconduct by the Moving Party Still Required?

By Preeti Bhagnani, Clemency Wang (White & Case LLP) / November 1, 2019 ICSID tribunals have traditionally adopted a stricter test than the claimant’s impecuniosity to justify an order of security for costs.  Lack of assets, even when coupled with

afia.asia November 1, 2019 Uncategorized No Comments

AFIA Event Recap – Sydney Symposium

By Marina Kofman (Associate at White & Case Sydney) The AFIA Sydney Symposium on ‘Efficiency and Economy in International Arbitration: Are We Getting it Right?’ was held on 13 April 2018 at the Four Seasons in Sydney, in the lead

afia.asia July 1, 2018 Uncategorized No Comments

AFIA Event Recap – AFIA-ICC YAF International Arbitration Symposium in Singapore

By Derric Yeoh (Associate at Schellenberg Wittmer Pte Ltd) On 10 May 2018, the Asia-Pacific Forum for International Arbitration (AFIA), together with the ICC Young Arbitrators Forum (ICC-YAF), held an international arbitration symposium titled “Top Tips for your 1st Arbitrator Appointment”.

afia.asia June 8, 2018June 8, 2018 Uncategorized No Comments

The TPP is Back: Submission to Australian Parliamentary Inquiries

By Luke Nottage (Professor at the University of Sydney) A version of this article was originally published on the SCIL Blog on 13 April 2018. The Trans-Pacific Partnership was signed in February 2016 by Australia, Japan, the US and 9 other

afia.asia May 17, 2018May 17, 2018 Uncategorized No Comments

Australian Perspectives on International Commercial Dispute Resolution for the 21st Century: A Symposium

By Nobumichi Teramura (PhD candidate in Law at UNSW)  A version of this article was originally published on the SCIL Blog on 23 April 2018.  Ongoing dramatic geopolitical transitions in the world have inevitably impacted on the international business environment of

afia.asia May 17, 2018May 17, 2018 Uncategorized No Comments

AFIA Event Recap – London Symposium and Winter Social

AFIA’s 49th Symposium took place on 29 November 2017 in London, followed by its Winter Social.  Hosted by Latham & Watkins, the event featured two panel discussions on the subject of Latin America – Asia Pacific Trade Flows and Disputes,

afia.asia February 20, 2018 Uncategorized No Comments

NZ Renounces ISDS: Deja Vu?

Amokura Kawharu (Auckland Law School) and Luke Nottage (Sydney Law School) A version of this article was originally published on the Kluwer Arbitration Blog on 6 Dec 2017. New Zealand now officially opposes investor-state dispute settlement (ISDS), thanks to the election of a

afia.asia January 4, 2018January 4, 2018 Uncategorized No Comments

Arbitrability, Separability of Disputes and Stay of Proceedings

By Richard Morgan (FCIArb   Barrister) The Federal Court decision in WDR Delaware Corporation v. Hydrox Holdings Pty Ltd; In the Matter of Hydrox Holdings Pty Ltd[1]  (27 September 2016) offers valuable insight into the scope for disputes to be held to

afia.asia October 30, 2017October 30, 2017 Uncategorized No Comments

Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan – liability under a BIT despite domestic court’s findings of corruption and illegality

By Nudrat Piracha (George Washington University) Investment arbitrations have in the recent years attracted criticism for second guessing decisions affecting interests of States and their decisions relating to public policy issues. This has led many to call into question the

afia.asia August 22, 2017 Uncategorized No Comments

Non-core insolvency claims: straddling the line between arbitrability and non-arbitrability

By Julia Dreosti (Principal, Lipman Karas) and Patrick Leeson (Associate, Lipman Karas) It is trite to say that insolvency matters are non-arbitrable.[i]  However, an emerging line of authority suggests a nuanced and fact sensitive enquiry is nevertheless necessary to properly

afia.asia August 15, 2017 Uncategorized No Comments
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