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.
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Doing Business in AU | Private Acquisitions
We recently launched our sixth annual DealTrends report which analyses private target mergers and acquisitions in the Australian market.
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Crossing Borders丨Civil liability of arbitrators
Welcome to the ninth edition of Crossing Borders, a periodic review of developments in international arbitration across the world.
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Thoughts on Disclosure of Third Party Funding
By Dorothy Murray and Edmund Northcott King & Wood Mallesons’ London office.
As 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.
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Managing Risk along the Belt and Road of Opportunity
By Max Bonnell, Ruimin Gao and Erin Eckhoff King & Wood Mallesons’ Sydney office.
China’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.
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聚焦中国“一带一路”倡议 Exploring China’s Belt and Road Initiative
欢迎阅读第七期《跨境》，我们定期报道全球国际仲裁动态。
Welcome to the seventh edition of Crossing Borders, a periodic review of developments in international arbitration across the world.
本期《跨境》聚焦中国提出的“一带一路”倡议及其对国际仲裁的影响。我们将探讨投资者在“一带一路”沿线国家和地区的投资中面临的主要风险和缓解策略，通过审慎设计投资结构、起草争议解决条款和利用商业和投资条约仲裁保护进行有针对性的投资保护的重要性。我们还将讨论与实施“一带一路”倡议相关的一个重要方面，即在中国承认和执行外国仲裁裁决。
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.
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Welcome to “Crossing Borders” Issue 3
By King & Wood Mallesons
Welcome 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