- January 17, 2020
Cultural differences in international arbitration
If modern international arbitration is considered to stand on two fundamental pillars (the New York Convention 1958 and UNCITRAL Model Law 1985), then its success is relatively recent.
- February 28, 2019
Is Brexit a breach of the UK’s BITs?
The right to fair and equitable treatment (FET) by a host state is one of the most widely invoked standards of investment protection. The principle derives from customary international law and is a common feature of bilateral investment treaties (BITs), found at Article 2(2) of the UK’s Model BIT. Although the standard remains general, tribunals … Continue reading Is Brexit a breach of the UK’s BITs? →
- January 10, 2019
Is legal professional privilege waived by communications exchanged between lawyers, clients and third-party funders?
Introduction There are no clear rules on privilege in international arbitration. There remains a lacuna for some consolidated guidance. In the absence of clear or express privilege rules, arbitral tribunals consider the: Lex arbitri. Law of the jurisdiction where the disclosure is sought. Governing law of the agreement. General principles of equality and fairness. Expectation … Continue reading Is legal professional privilege waived by communications exchanged between lawyers, clients and third-party funders? →
- June 15, 2018
Unless you have been living under a rock for the last three years, you will have heard something about the corruption case in Brazil that has led to the impeachment of the last president, the conviction of the one before and an investigation of the current one.
- January 5, 2018
A firm view on conflicts of interest
As one of the few barristers at the English bar with an international arbitration practice relating to Latin America, I am often asked how difficult it is to enforce foreign arbitral awards in Brazil. Until recently, my response has been that it is relatively straightforward. However, on 19 April 2017, the Superior Court of Justice … Continue reading A firm view on conflicts of interest →
- September 25, 2017
Don’t air your shareholders’ dirty laundry
Shareholder disputes normally fall within two categories. The first is where a shareholder is outvoted by a majority which is acting against the interest of the company. The second is where a rogue director is “on a frolic of their own”; that is, they are acting for their own benefit or that of third parties. In … Continue reading Don’t air your shareholders’ dirty laundry →
- July 21, 2017
To enforce or not to enforce, that is the question
The enforcement of international arbitration awards that have been set aside or annulled at the seat of arbitration has always been a contentious subject. Primarily it is the New York Convention 1958 that applies. Other provisions may be applicable on a case-by-case basis, such as Article IX of the European Convention on International Arbitration 1961.