Category: Middle East

1
Challenging an Arbitrator’s Appointment: A study of the position in Qatar and in ICC Arbitration
2
Decennial Liability in Qatar
3
Construction Law Masterclass: FIDIC in Qatar
4
Welcome to the 26th Edition of K&L Gates’ Arbitration World
5
Welcome to the 24th Edition of K&L Gates’ Arbitration World
6
Welcome to the 23rd Edition of K&L Gates’ Arbitration World
7
Welcome to the 22nd Edition of K&L Gates’ Arbitration World
8
Welcome to the 21st Edition of K&L Gates’ Arbitration World
9
Welcome to the 20th Edition of K&L Gates’ Arbitration World
10
K&L Gates’ Arbitration World, June 2012

Challenging an Arbitrator’s Appointment: A study of the position in Qatar and in ICC Arbitration

Harriet Jenkins, Associate in the Doha office, recently presented a study setting out how to challenge the appointment of an arbitrator in a domestic arbitration in Qatar, as well as in international ICC arbitrations. This study was prompted by potential conflict issues as to the nomination of arbitrators which recently arose on two of Harriet’s construction arbitration claims, one being an ICC arbitration seated in London, England and the other a domestic arbitration seated in Doha, Qatar. In this presentation, Harriet explains the standard of an arbitrator to act independently and impartiality, and its duty to disclose potential conflicts of interest to the parties. She also examines the mechanisms available to parties to challenge a suspect appointment and provides insight of the practical issues to consider when deciding whether to mount a challenge to an arbitrator.

To view the full presentation, click here.

Decennial Liability in Qatar

Darran Jenkins, Associate in the Doha office, recently presented Decennial Liability in Qatar to the Chartered Institute of Building. Decennial Liability is an onerous liability in the event there are problems with the completed Works, which lasts for a 10 year period and is surrounded by much misconception. Darran explained the Qatar Civil Code in this regard and the obligations, implications and responsibilities to the various parties.

To view the presentation slides, click here.

Construction Law Masterclass: FIDIC in Qatar

On 15 May 2014, K&L Gates presented an interactive workshop in Doha based around a real-life construction scenario to a group of owners, developers, contractors and professional consultants involved in construction in Qatar and the GCC.

Topics covered included:

  • Drafting FIDICs in a Gulf context
  • An Employer’s view of risk allocation under FIDIC
  • The new Ashghal contract – a new dawn for FIDIC?
  • Common pitfalls and mistakes operating FIDIC on a project in Qatar
  • Dispute provisions in FIDIC Arbitration/Courts
  • Other arbitration forums in Qatar & the UAE, and problems associated with enforcement

To download a copy of the presentation, click here.

For more information, please contact Matthew Walker.

Welcome to the 26th Edition of K&L Gates’ Arbitration World

Welcome to the 26th 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

To download a printable PDF of the publication, open the link above and click on the fourth icon from the right in the magazine toolbar at the top of the page. 
In this edition, we report on the much-anticipated decision of the U.S. Supreme Court in BG Group PLC v. Republic of Argentina regarding the respective roles of courts and arbitrators in deciding threshold issues of arbitrability or jurisdiction. We review a recent decision of the Indian Supreme Court in the context of the wider changes in India regarding international arbitration in recent years, as well as a decision of the Full Federal Court of Australia regarding the implications of seeking to resist enforcement of an award after already unsuccessfully challenging the award at the seat of arbitration.
We include articles on the new arbitration rules issued by the Japan Commercial Arbitration Association (JCAA) and the Vienna International Arbitration Centre (VIAC) and report on the interesting development of the introduction of “Optional Appellate Arbitration Rules” by the American Arbitration Association (AAA) / International Centre for Dispute Resolution (ICDR).
We consider the potential issues that may arise with short-form ‘ad hoc’ arbitration clauses, and continue our series of articles on means of protecting foreign investments with a review of the means of access to relevant dispute resolution mechanisms. We also provide our usual updates 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 (email ian.meredith@klgates.com or peter.morton@klgates.com).

Welcome to the 24th Edition of K&L Gates’ Arbitration World

Welcome to the 24th 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 in our online magazine format, click here.

To download a printable PDF of the publication, open the link above and click  on the far right icon in the magazine toolbar at the top of the page.

This edition focusses on Africa, a continent that offers significant opportunities across a number of business sectors, and which is seeing remarkable GDP growth rates in many of its nation states.  We include a commentary on the means of mitigating risks arising from disputes when concluding business transactions in Africa.  We review the recent changes in the arbitration landscape in Africa and their potential impact.  We also include a comparative review of Maghreb’s arbitration laws, with particular focus on Morocco, Algeria and Tunisia.

We provide our usual update on developments from around the globe in international arbitration and investment treaty arbitration.  We look at recent U.S. court decisions on the evolving issue of class arbitration, continue our series of articles on means of protecting foreign investments with a review of the fair and equitable treatment protection standard, and consider the approach to multi-tiered dispute resolution provisions in different jurisdictions.  We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email Ian.Meredith@klgates.com or
Peter.Morton@klgates.com).

Welcome to the 23rd Edition of K&L Gates’ Arbitration World

Welcome to the 23rd 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.

To download a printable PDF of the publication, open the link above and click on the far right icon in the magazine toolbar at the top of the page.

We are delighted to be able to include in this edition a guest contribution from Wieger Wielinga of Omni Bridgeway, funder and manager of cross border claim recoveries.  In his article, Wieger offers his insights and practical tips for the enforcement of arbitral awards against sovereign states and entities under their control, advising that parties overlook at their peril the potential risks and pitfalls of enforcement of awards.

We also include in this edition our usual update on developments from around the globe in international arbitration and investment treaty arbitration, along with specific articles covering some of those developments, along with other topics of interest in more detail, authored by members of K&L Gates’ International Arbitration Group.

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

Welcome to the 22nd Edition of K&L Gates’ Arbitration World

Welcome to the 22nd 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 in our new online magazine format, click here.

To download a printable PDF of the publication, open the link above and click on the far right icon in the magazine toolbar at the top of the page.

We are delighted to be able to include in this edition a guest contribution from Rubini Ventouras, Group Executive Legal Affairs, Asia Pacific, of Newmont Mining Corporation.  In her article, Rubini offers her perspectives on the challenges associated with the management of disputes in multiple, widely varying jurisdictions and explains why arbitration remains her preferred process for the resolution of international commercial disputes.

We are also pleased to welcome a contribution from James Blick, Director at TheJudge Limited, a leading broker of litigation and arbitration funding and after-the-event insurance.  In his article, James offers some practical tips and insights on how to get the best deal when negotiating with potential third-party sources of funding for arbitration.

This edition also includes our usual update on developments from around the globe in both international commercial arbitration and investment treaty arbitration, along with specific articles covering some of those developments and other topics of interest in more detail, authored by members of K&L Gates’ International Arbitration Group.  This edition includes a contribution from our new colleagues in Melbourne, Australia (following the combination of K&L Gates LLP with Middletons, effective 1 January 2013) describing a recent constitutional challenge to the international arbitration regime in Australia.

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

Welcome to the 21st Edition of K&L Gates’ Arbitration World

Welcome to the 21st 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.

We are delighted to be able to include in this edition a guest contribution from David Burt, Corporate Counsel for E.I. du Pont de Nemours and Company (DuPont).  In his article, David describes the way in which DuPont’s “Global ADR Guide”, for use by DuPont’s 200 in-house lawyers across the world, came to be developed.

We are also pleased to include an article by Mick Smith, Partner & Co-Founder of Calunius Capital LLP, one of the leading providers of third party funding.  Third party funding is becoming ever more prevalent in both litigation and arbitration. In his article, Mick describes the processes of case assessment and case monitoring from the funder’s perspective.  This is the first of what will be a short series of articles on the important topic of third party funding in international arbitration.

We also include in this edition our usual update on developments from around the globe in international arbitration and investment treaty arbitration, along with specific articles covering some of those developments and other topics of interest in more detail, authored by members of K&L Gates’ International Arbitration Group.

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

In this Issue:

• DuPont Navigates ADR Worldwide
• News from around the World
• World Investment Treaty Arbitration Update
• Third Party Funding: Case Assessment and Monitoring
• U.S. Supreme Court Fires Shot across Oklahoma’s Bow
• What Qualifies as an Investment? A Primer on Protecting Foreign Investments (Part 2)
• Astro: Affirming Singapore’s Position on Challenging Awards on Jurisdictional Grounds
• No Dispute About It – Dispute Boards are Hot in Chinese Construction Projects
• A Comparative Analysis of the “Choice of Law” Approaches to Privilege in International Proceedings
• UAE Arbitration Insight – New York Convention Shifts Enforcement Approach

To view the entire edition, click here.

Welcome to the 20th Edition of K&L Gates’ Arbitration World

From the Editors

Welcome to the 20th 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.

We are delighted that this edition includes a guest contribution from Abhijit Mukhopadhyay, President (Legal) of the Hinduja Group.  In his article, Abhijit offers his thoughts and perspectives on the topical subject of arbitration in India.  This represents what we expect to be the first of a number of guest contributions from in-house counsel in future editions of Arbitration World.

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

In this Issue:

  • Indian Arbitration: Recent Trends
  • News from around the World
  • World Investment Treaty Arbitration Update
  • International Arbitration in Chile—2004 and Beyond
  • Thailand Loses U.S. Appeal of Confirmation of UNCITRAL Award and Challenge to Arbitrability
  • Important UK Privy Council Decision on Enforcement Against State-Owned Entities
  • Saudi Arabia Introduces a New Arbitration Law
  • The Democratic Republic of the Congo Joins OHADA and its Arbitration Mechanisms
  • Developments at CIETAC – The New Arbitration Rules 2012 and the Rift with the Shanghai and Shenzhen Sub-Commissions
  • The Revised 2012 Swiss Rules
  • ‘Asymmetric’ Dispute Resolution Clauses: A Recent Russian Decision
  • New York Courts Offer Further Support for Parties to International Arbitrations
  • New Arbitration Rules in Poland: Lewiatan Court of Arbitration
  • Pioneering Deep Sea Mining Project Heads to Arbitration Signalling a New Type of Extractive Sector Dispute
  • What’s Done is Done – Or is it? Res Judicata in Domestic and International Arbitrations in the context of Insurance Coverage Disputes
  • Investment Treaty Arbitration in Africa: Summary Overview

To view the entire edition, click here.

K&L Gates’ Arbitration World, June 2012

From the Editors

Welcome to the 19th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

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

In this Issue:

  • News from around the World
  • World Investment Treaty Arbitration Update
  • U.S. Supreme Court Takes Another Look at the Enforceability of Pre-Dispute Arbitration Clauses
  • The “SCC Emergency Arbitrator”: First Experiences with the Pre-Arbitral Interim Relief Procedure
  • Guidance from the U.S. Second Circuit on Application of the Evident Partiality Standard
  • Early Case Assessment: A Litigation Arrow in an Arbitration Quiver
  • English Court Decides that Arbitration Agreement is Governed by Law of Seat of Arbitration and Prevails over Exclusive Jurisdiction Clause
  • International Arbitration: Developments from Singapore
  • Unsolved Mystery: Colombia’s International Arbitration Law
  • Who Qualifies as an Investor? A Primer on Protecting Foreign Investments (Part 1)
  • Developments in International Arbitration in Mauritius
  • The Chamber of Arbitration of Milan and the “Mediterranean Project”
  • Eurozone Exits: Possible Impact on Commercial Contracts
  • U.S. Ninth Circuit to Consider Who Decides Arbitrability When Arbitration Clause Incorporates UNCITRAL Rules But Includes Carve-Outs

To view the entire June 2012 edition, click here.

Copyright © 2019, K&L Gates LLP. All Rights Reserved.