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

"FIDIC: an overview - The latest developments, comparisons, claims and force majeure"

11 September 2007      

Jeremy Glover, in a paper given at the Construction Law Summer School 2007, held at Queen's College Cambridge, provides an over-view on the history and development of the FIDIC form of contract. The paper then goes on the review the different ways in which the employer and contractor are treated when it comes to making claims. This section includes a brief discussion on the different approaches under the civil codes and common law jurisdictions, which leads to a short comment about the treatment of force majeure.