GAR Volume 11 - Issue 1
“Who is the most influential arbitrator in the world?”
For parties anxious that their appointee should hold sway on tribunals, it’s a key question. Thanks to two GAR contributors and an ingenious formula that measures both arbitrators’ appointments and the frequency with which they are cited, GAR has the answer in this magazine.
Another question that is often on the lips of users is: “How long is too long to wait for an award?” To that question, too, we provide answers – thanks to research by Vannin Capital’s Jeffery Commission into the typical waiting time for investment awards under various different rules. Clearly, there are case-specific factors that can affect the length of time it is reasonable to wait for an award in a particular arbitration, but having benchmark figures will enable parties to be more assertive when the wait seems endless.
Alongside such ground-breaking research, this edition includes discussion of the new arbitration laws passed by India and Myanmar and a feature on Iran’s extensive history of investment disputes and potential for participation in arbitration in the future.
The author of the Iran piece, Sylvia Noury of Freshfields, brings personal touches to her analysis, describing how the Anglo-Iranian Oil Company case at the International Court of Justice led to a British coup and period of “westernisation” under the Shah, during which her Iranian father was able to move to the UK to study engineering.
Since the last edition, there have been key news developments, not least the jurisdictional decision in the hotly debated Philip Morris v Australia case over legislation to introduce plain packaging of cigarettes. The arbitration community has also bid farewell to two luminaries, Judith Kaye and Lord Dervaird, and to the six-year experiment that was LCIA India.
In this edition:
- A new law for India
- LCIA India closes its doors
- A new law for Myanmar
- Who is the most influential arbitrator in the world?
- How long is too long to wait for an award?
- Iran: a promising future with a loaded past
- GAR Live Dubai: Is international arbitration being stifled by soft law?
- Judith Kay
- Lord Dervaird
- “Above-ground” perspectives on energy investments
- “Issue conflicts” and claims by dual nationals
- How women thrive in international arbitration
- Fighting corruption
- 100 years of CIArb
- Sanctions against counsel and other matters
- The road to predictability
- A narrow test for state attribution
- Stays of proceedings and arbitrability
- Dealing with an arbitration clause in an unsigned contract