In this magazine, we consider the impact of Trump’s presidency on the rule of law, trade deals and other aspects of arbitration practice as well as his own (numerous) brushes with the process and the judiciary.
“Lock her up” was a familiar refrain of Trump’s presidential campaign, in relation to opponent Hillary Clinton. Now, arbitral lawyers are facing the prospect that they themselves might be locked up as a result of a new law on bias in arbitrations passed in the United Arab Emirates.
We report on reactions to the new law at GAR Live Dubai, where trepidation over how it might be exploited eclipsed reports of positive developments in the jurisdiction. Could this development escalate the “due process threat” highlighted by Lucy Reed in this year’s Freshfields lecture and by Bernardo Cremades in a more recent speech in London?
If not repealed, the law could harm the UAE as a seat of arbitration, warned one commentator at GAR Live. By coincidence, this edition also looks at another emerging arbitration jurisdiction that would be keen to grab some work relating to the region – Saudi Arabia.
GAR also considers the tech world – those sultans of Silicon Valley whose inventions have such a transformative impact on modern life and modern economies. To date, tech disputes have tended not to go to international arbitration. A new Queen Mary/ Pinsent Masons survey indicates that may change, while San Francisco- and London-based arbitrator Paul Cohen predicts that “bit by byte” we are moving towards treaty claims concerning “disruptive” tech technologies.
In this edition
- Trump’s impact
- The due process threat
- GAR Live Dubai coverage: The threat of imprisonment in the UAE?
- Introducing the Saudi Center for Commercial Arbitration
- BIT by byte: why Silicon Valley might soon turn to arbitration
- Time to make a grab for tech disputes?
- Stuck in an arbitral Groundhog Day: requests for reconsideration
- Costs and duration: SIAC, the LCIA and the SCC compared
- Obituary: Lord Goff, 1926–2016