In the last decade (2008 – 2018), investor-state dispute settlement (ISDS) is quite controversial. On the commercial side, however, the mechanism has seen some positive developments in terms of growth, diversity and transparency. Reform within investment arbitration is moving at a faster pace than ever before. Thus, the future is bright for arbitration.
Continue Reading Crossing Borders 10 (Chinese/English)

By Dorothy Murray and Edmund Northcott  King & Wood Mallesons’ London office.

murray_dAs more jurisdictions permit third party funding of international arbitration, the question of whether details of the funding must be disclosed arises ever more frequently.

Concerns to date focus on conflicts (ensuring that the identity of the funder poses no challenge to the independence and impartiality of the tribunal) and the ability of a respondent to apply for security for costs. The Tribunal in the case of Muhammet Cap v. Turkmenistan[1], was motivated by these concerns when requiring the Claimant to disclose whether it was being funded by a third party funder, and if so, the funder’s identity and nature of the funding arrangements, including to what extent the funder would share in a favourable award to the Claimant.
Continue Reading Thoughts on Disclosure of Third Party Funding

By Max Bonnell, Ruimin Gao and Erin Eckhoff  King & Wood Mallesons’ Sydney office.

bonnell_mChina’s Belt and Road Initiative is a visionary policy that aims to connect over 60 countries in Asia, Europe and Africa along five main routes of the Silk Road Economic Belt and 21st Century Maritime Silk Road. Affecting a total population of some 4.4 billion (approximately 63% of the world’s population) and generating an aggregate GDP of over USD20 trillion (approximately 30% of global GDP), it is an ambitious framework that is projected to see significant numbers of infrastructure and other projects set up under its auspices. However, with such strikingly ambitious vision comes unchartered risks.
Continue Reading Managing Risk along the Belt and Road of Opportunity


Welcome to the seventh edition of Crossing Borders, a periodic review of developments in international arbitration across the world. 


In this edition, we focus on China’s Belt and Road initiative and its impact on international arbitration. We explore some of the key risks and mitigation strategies investors can use when making their investments along the Belt and Road, the importance of tailoring investment protections through careful structuring of investments, drafting of dispute resolution clauses and use of commercial and investment treaty arbitration protections. We also look at an area of significant practical importance to the initiative: the recognition and enforcement of foreign arbitral awards in China.
Continue Reading 聚焦中国“一带一路”倡议 Exploring China’s Belt and Road Initiative

By King & Wood Mallesons

001Welcome to the third edition of Crossing Borders, a periodic review of developments in international arbitration across the world produced by the global law firm King & Wood Mallesons. In this edition, we discuss a number of important developments in international arbitration. We address the latest updates on anti-bribery and