Arbitration World

From the Editors
Welcome to the 29th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

To view Arbitration World, click here.

In this edition, we are delighted to have a guest contribution from Colin Johnson (Head of International Arbitration, Forensic, Grant Thornton UK LLP) offering practical thoughts and perspectives on using and understanding financial models in international arbitration.  We look at a case in which the U.S. court refused to enforce an award issued in Taiwan and a contrasting case in which the U.S. federal court compelled arbitration.  We review a case involving the first application of res judicata in a NAFTA arbitration, and we look at recent changes to the Brussels Regulation on jurisdiction and the recognition and enforcement of judgments, and how they affect international arbitration.  We continue our series on protection standards for investors in international investment agreements with a look at compensation rights.  We report on the growth of disputes arising from pricing provisions in long-term gas and liquefied natural gas (LNG) supply contracts, we explore the ways in which art disputes may benefit from being submitted to arbitration, and we report on Dubai’s new Maritime Arbitration Centre.

We also provide our usual update on developments from around the globe in international arbitration and investment treaty arbitration.

We hope you find this edition of Arbitration World of interest and we welcome any feedback (e-mail ian.meredith@klgates.com or peter.morton@klgates.com).

In this issue:

1. Arbitration News from around the World
   by Sean Kelsey (London)
   Our usual survey of key recent developments in international arbitration.
2. World Investment Treaty Arbitration Update
   by Wojciech Sadowski (Warsaw) and Patrycja Treder (Warsaw).
   A report on the latest news from the investor-state arbitration scene.
3. Managing Financial Models without understanding Excel
   by Colin Johnson (Head of International Arbitration, Forensic, Grant Thornton UK LLP)
   A guest contribution from Mr. Johnson, offering practical thoughts and perspectives on using and understanding financial models in international arbitration.
4. US Court Refuses to Enforce Award Issued in Taiwan
   by J.P. Duffy, Erica Iverson and Priya Chadha (New York)
   A review of Clientron Corp. v. Devon IT, in which a US federal court refused to confirm an arbitration award on grounds that Taiwan is not a signatory to the New York Convention.
5. Apotex and the United States—Round III: The First Application of res judicata in a NAFTA Arbitration
   by Martin King (London)
   Analysis of a series of connected arbitrations signalling a willingness of some pharmaceutical companies to use investor-state arbitration to protect their international interests.
6. The Brussels Regulation (recast): implications for arbitration
   by Sean Kelsey, London
   A review of recent changes to the Brussels Regulation on jurisdiction and the recognition and enforcement of judgments, and how they affect international arbitration.
7. US Court Grants Motion to Compel Made by Parties that Enjoined Arbitration Seated in India
   by J.P. Duffy, Erica Iverson and Priya Chadha (New York)
   A report on a case in which the US federal court compelled arbitration, reaffirming the lengths to which parties must go to waive their right to arbitration under US law.
8. Reparation/Compensation for the Investor: A primer on protecting foreign investments (Part7)
   by Ania Farren and James Holden (London)
   The latest in our series on protection standards for investors in international investment agreements looks at compensation and reparation rights.
9. The Growth of Gas and LNG Price Review Arbitrations
   by Peter Morton (London)
   A report on the growth of disputes arising from pricing provisions in long-term gas and LNG supply contracts.
10. Taking Art Disputes Out of the Courtroom—The Potential Benefits of Arbitration
    by Desiree Moore (Doha/Chicago)
    An exploration of how art disputes may benefit from being submitted to arbitration.
11. Dubai Announces New Maritime Arbitration Centre
    by Eryn Correa (Dubai)
    A report on Dubai’s new Maritime Arbitration Centre.