Arbitral Insights

Timothy Cooke and Lianjun Li reflect on the increased acceptance of and support for international arbitration across Asia in 2021 through new legislation, enforcement arrangements and case law, and discuss the continuation and likely acceleration of acceptance and supportive measures for arbitration across the region in 2022.

Gautam Bhattacharyya and Simon Greer recap the key developments in arbitration in India over 2021, including the continued development of institutional arbitration in the country, before exploring what the future holds for arbitration in 2022.

Nick Austin and Lianjun Li review key developments in arbitration in the shipping sector in London and across Asia. They summarize the major themes to have emerged in maritime arbitration in 2021 before looking ahead to the type of disputes in the pipeline for 2022, areas of change in the arbitral procedure, and the increasing awareness of alternative maritime dispute resolution in Asia.

Sachin Kerur, Michelle Nelson and Chris Edwards reflect on arbitral developments in the Middle East, including the nationalization of the local arbitration industry, the role of women and Emiratis in the industry and the new UAE mediation law, before looking ahead at changes relevant to international arbitration happening in the UAE and wider MENA region in 2022.

Elizabeth Farrell and Richard Swinburn provide a macro view of disputes in the commodities sector in 2021 (covering the impact of COVID and climate change), before discussing the outlook for 2022, including an increased focus on enforcement, fraud and insolvencies, and procedural commentary on virtual arbitrations and the disclosure process.

Singapore-based partner Timothy Cooke and Dubai-based partner James Willn discuss what a transition away from fossil fuels means for the future of international arbitration. The duo explore the potential change in the geography, and the potential uptick, of arbitral disputes caused by investments in renewable energy and non-oil and gas-related infrastructure and technology.

Gautam Bhattacharyya welcomes Vasanti Selvaratnam, senior QC and joint head of The 36 Group for a conversation exploring her background, her career as a lawyer, and highlights practicing as a trailblazing counsel and international arbitrator.

Paris-based international arbitration partner Clément Fouchard and senior associate Guillaume Aréou welcome Dr. Sylvie Bebohi Ebongo for the first in a series of podcasts focused on arbitration in Francophone Africa. Dr. Bebohi Ebongo is co-founder and partner of HBE Avocats. She is admitted to the Paris and Cameroon bars.

In this episode, our speakers explore the practice of arbitration in the region covered by the Organization for the Harmonization of Business Law in Africa (Organisation pour l’Harmonisation en Afrique du Droit des Affaires) (OHADA). The discussion will highlight the importance of civil law and the French language in this part of Africa, and will explore recent developments in OHADA and its modern and international approach to arbitration.

This episode is in French.

Gautam Bhattacharyya welcomes – and pays tribute to – the renowned and respected legal legend Fali S. Nariman. The duo explore the best way forward for arbitration to thrive and excerpts from Mr. Nariman’s autobiography, Before Memory Fades.

Hugo Perezcano (former head of Mexico’s Trade Remedy Authority and general counsel for international trade negotiations) and David Gantz (Will Clayton Fellow for Trade and International Economics at Rice University’s Baker Institute for Public Policy, Center for U.S. and Mexico) are hosted by Will Russell from our international arbitration group in Houston for a discussion on the key differences between NAFTA and the USMCA a year after its implementation. The trio discuss the USMCA’s objectives, its key differences compared to NAFTA, potential friction points in the energy industry, and what we can expect for future disputes.