ReSolution Issue 9

May 2016

In this issue we feature the topical issue of dispute resolution under investment treaties with articles discussing how the twelve parties to the Trans Pacific Partnership Agreement will settle disputes, State immunity and enforcement of foreign arbitral awards under English law, and the scope of dispute resolution clauses under post Soviet-era BITs – the Yukos case.

Just as topical as a result of recent intense media reporting of the botched 60 Minutes child abduction in Lebanon, we look at resolving international parental child abduction cases by mediation rather than resorting to so-called child recovery agencies in situations where the straightforward remedy of the Hague Convention does not apply.

We also look at protection of admissions in settlement discussions; the award in Hong Kong of indemnity costs against a party initiating arbitration in breach of arbitration agreement; how freezing orders can preserve enforcement of arbitral awards; the Havana Club trademark dispute between USA and Cuba; and more.

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Click here to read ReSolution Issue 9

Click here to download a low res. pdf
CONTENTS
  • FEATURE- The Trans-Pacific Partnership Agreement – How Parties will Resolve Disputes – Sidley Austin LLP, USA & Switzerland
  • Protection of Admissions in Settlement Discussions – Omar Qureshi, Kushal Ghandi, CMS Cameron McKenna LLP, UK
  • Hong Kong Court Awards Indemnity Costs against Party Initiating Court Action in Breach of Arbitration Agreement – Jay L Alexander, Phillip Georgiou, Carmen Chung, Baker Botts LLP, Hong Kong
  • Should Mediation be the First Step in all Family Law Act Proceedings (article Summary of Judge Harman’s article) – Summary written by Anet Kate, FDR Centre, NZ21 Freezing Orders can Preserve Enforcement of International and Domestic Arbitral Awards – David Lee Sarkoff, Lee Carroll, Corrs Chambers Westgarth, Australia
  • Havana Club Rum: Case Analysis – Divya Srinivasan, LexOrbis, Delhi India
  • Mediation in Situations of International Parental Child Abduction: A Third Way – Helen Freris, National Services Manager, International Social Service, Australia
  • Foreign State Immunity and Enforcement of International Arbitral Awards: Issues in Gold Reserve Inc v The Bolivarian Republic of Venezuela [2016] EWHC 153 (Comm) – Monica Feria-Tinta, Essex St, London, UK
  • CASE IN BRIEF – W Limited v M SDN BHD [2016] EWHC 422 (Comm)  – Sarah Redding, NZDRC Clerk
  • Swedish Court of Appeal finds Yukos Investment Tribunal lacked Jurisdiction – Pieter Bekker, Artem Rodin, Jessica Foley, CMS Cameron McKenna LLP
  • Settlement Negotiations: When does an “Understanding” Rise to an “Agreement”? – Larry J. McClatchey, Director, Kegler Brown Hill + Ritter, USA
  • The Benefits of Arbitration in Family Law – Suzanne Kingston, Withers LLP, London, UK
  • Exercising an Option to Arbitrate and the Right to a Stay of National Court Proceedings – Timothy Cooke,Morgan Lewis & Bockius LLP,  Singapore
  • Glencoe International v PT Tera Logistic: Whether Arbitration Notice Included Counterclaim – Nigel Brook, Clyde & Co, UK
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