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,
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
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
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
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
Arbitral Awards: Enforcement Challenges in Indonesia
By Tony Budidjaja (Budidjaja International Lawyers) Overly Complicated Procedure Indonesia’s present legal framework still presents challenges to anyone attempting to enforce arbitral awards in Indonesia. There are many procedural and bureaucratic issues confronting the enforcing party that are not
International Investment Arbitration Across Asia: A Symposium
By Ana Ubilava (University of Sydney) A version of this article was originally published on the Kluwer Arbitration Blog on 1 March 2017. Recent developments in the international investment scene have also impacted the Asian region. Notably, China and Southeast Asia
The Persisting Debate on the Valuation Date applicable in Unlawful Expropriation Cases
The AFIA Committee* I- INTRODUCTION There is consensus around the notion that lawful and unlawful expropriations must be treated differently and must lead to the application of different standards of compensation: Lawful expropriation: the standard of compensation is as
Is Arbitral Justice Blind? The Conflict of Law and International Commercial Arbitration
By Benjamin Hayward, Lecturer in the Deakin Law School at Deakin University, Australia, and is the author of Conflict of Laws and Arbitral Discretion – The Closest Connection Test (Oxford University Press, 2017). Dr. Hayward’s teaching and research span a
The Third-Party Funding Framework: The Ever-Evolving Singapore
Christopher Bloch, Associate Counsel, SIAC; Akanksha Bhagat, Associate Counsel, SIAC With 2016 being significant for arbitration in Singapore, 2017 is already shaping up to be another important year following the passing of the Civil Law (Amendment) Bill 2016 by the