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
The Language of Arbitration in Indonesia
By Prof. Dr. Huala Adolf, S.H., LL.M., Ph.D., FCBArb., Vice President, BANI Arbitration Centre The language used in an arbitration does not normally pose any problems when parties to an arbitration speak the same language. However, difficulties may arise
Does ISDS Promote FDI? Asia-Pacific Insights from and for Australia and India
By Prof Luke Nottage (University of Sydney Law School) & A/Prof Jaivir Singh (Jawaharlal Nehru University, Delhi) Treaty-based Investor-State Dispute Settlement (ISDS) keeps attracting media attention. An example is a social media campaign by the ‘GetUp!’ group, which
Towards a European model for investor–state disputes?
By Luke Nottage International investment treaties and investor-state dispute settlement (ISDS) are in the news again, notably in Australia and India, which are negotiating a bilateral Free Trade Agreement (FTA) as well as the Regional Comprehensive Economic Partnership (RCEP or
Highlights of the Draft SIAC Arbitration Rules 2016
By Preeti Bhagnani (White & Case) and I-Ching Tseng (Minter Ellison) The Singapore International Arbitration Centre (SIAC), one of the world’s leading arbitral centres, released draft revised arbitration rules (“Draft Rules”) for public comment in January 2016. The Draft Rules