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Baker Botts Releases Second Volume of Arbitration Report for 2016

News Release
DUBAI, 15 December 2016 - Baker Botts L.L.P., a leading international law firm, announced today that it has published the second volume for 2016 of its semi-annual Baker Botts Arbitration Report. 

“The 2016 Arbitration Report provides a key perspective on the significant issues that are affecting international arbitrations,” said Jonathan Sutcliffe, Editor of the Arbitration Report and an International Arbitration & Dispute Resolution Partner based in the firm’s Dubai office. “The report includes articles on arbitration rules updates, the new common law court in the Middle East, and expectations around fair and equitable treatment. It is a leading resource for industry professionals seeking updates and perspective on international arbitration affecting the global landscape.”

“As a leading firm for international arbitration, our practitioners provide valuable analysis in this report on the matters most relevant to clients and colleagues, alike,” said

Michael Goldberg, Co-Chair of the firm’s International Arbitration & Dispute Resolution Practice, based in the firm’s Houston office. 

“International arbitration and dispute resolution is constantly evolving, with new rules being adopted by the institutions and noteworthy rulings constantly being issued by arbitral tribunals and judicial bodies. To remain up-to-date on changes, the report delivers insights about developments, including some of the key takeaways for parties and practitioners,” said

Jay Alexander, who Co-Chairs the firm’s International Arbitration & Dispute Resolution Practice from the firm’s London office. 

Some of the key highlights of the Arbitration Report include: 

  • Consolidation and joinder. A Hong Kong International Arbitration Center (HKIAC) Practice Note streamlined the procedure for consolidating multiple arbitrations. Separately, recent revisions to the Singapore International Arbitration Center’s (SIAC’s) Arbitration Rules introduced mechanisms for the consolidation of claims and joinder of parties, in addition to providing, among other things, a new mechanism for the early dismissal of claims and defenses. The joinder of third parties is also addressed in the new Abu Dhabi Global Market (ADGM) Arbitration Regulations. 
  • Interpretation of arbitration clauses. Two cases considering the word “may” in the context of arbitration clauses, one before the Privy Council of the United Kingdom and one before the High Court of Hong Kong, provided a reminder of the importance of clear and unambiguous drafting of dispute resolution provisions. 
  • Pro-arbitration developments in Hong Kong. Two other recent decisions from the Hong Kong Courts, one granting an injunction in aid of arbitration in Singapore and another rejecting an application to set aside an arbitral award, reinforce Hong Kong’s position as an arbitration-friendly jurisdiction. 
  • Investor-state arbitrations. An award was issued in the first of many investment arbitrations relating to changes in Spain’s regulatory regime for solar energy feed-in tariffs. One point of note considered by the tribunal was the meaning of the term “investor” in the Energy Charter Treaty. In another case relating to the enforcement of an award against Venezuela, the English High Court considered the meaning of “investor” in a bilateral investment treaty, as well as certain procedural questions for enforcement against a sovereign state in the English courts. 
  • Enforcement of an annulled award. The U.S. Second Circuit Court of Appeals affirmed a lower court decision taking the rare step of enforcing an award that had been annulled by the courts of the forum where it was rendered. 
  • Non-signatories. Applying an unprecedented reading of Russian law, the English High Court held that the parent of a Russian company was bound by an arbitration agreement between the subsidiary and a third-party.

 To download a copy of the Report, please click here. The first volume of the Report can be read here



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About Baker Botts LLP
Baker Botts is an international law firm of approximately 725 lawyers practicing throughout a network of 14 offices around the globe. Based on our experience and knowledge of our clients’ industries, we are recognized as a leading firm in the energy and technology sectors. Throughout our 176-year history, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit BakerBotts.com.

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