Arbitration and litigation

"Bharat Aluminium Co. v Kaiser Aluminium Technical Services, Inc."

November 2012

In a paper written for Fenwick Elliott’s autumn edition of International Quarterly, David Robertson reviews a recent Indian Supreme Court decision.

David discusses how this decision provides welcome support for a non-interventionist approach to international arbitration.

"Arbitration in outer space"

December 2012

Nicholas Gould has written this short article ‘Arbitration in outer space’. This is not, of course, strictly arbitration in outer space, but arbitration relating to space law, and so in reality disputes relating to the construction and launching of communications satellites together with the investments relating to that industry.

"New rules or old hat?"

February 2012

David Toscano considers the impact of the new arbitration rules issued by the International Chamber of Commerce (ICC) in January 2012.

“Enforcement – getting a real result on decisions and awards”

November 2011

In this presentation, David Toscano looks at the main tools available for enforcement of domestic and international awards and decisions, including adjudication, arbitration and Dispute Adjudication Boards. It considers the operation of the New York Convention for enforcement internationally and the use of tools such as charging and third party debt orders, freezing injunctions and Worldwide Freezing Orders.

"Costs Management Pilot"

October 2011

"Liability of expert witnesses post Jones v Kaney"

November 2011

As Stefan Cucos discusses, prior to March 2011 expert professionals enjoyed a partial immunity from negligence actions in circumstances where they were acting as expert witnesses. The case of Jones v Kaney means that if an expert provides negligent expert evidence that expert can be sued those instructing him. Whilst time will tell as to the full impact of this change, Stefan considers the implications of this decision not only for established experts but also the litigants on whose behalf they act.