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Features

Our monthly features from staff and contributors provide analysis and commentary on topical issues relating to ADR.

International Arbitration Trends That Will Move Forward in 2017

In a year that saw significant change to the world’s political and social landscape, 2016 also brought many proactive global initiatives to the arbitral community. The following trends are likely to grow in 2017.



Hong Kong skyline

CIETAC Enforces the First HK Award in China

On 13 December 2016, an award given by the China International Economic and Trade Arbitration Commission (CIETAC Hong Kong) was enforced in mainland China for the first time.



Piles of coins against a cityscape

SIAC launches New Investment Arbitration Rules

On 1 January 2017, the first edition of the SIAC Investment Arbitration Rules came into effect. The rules  address issues that are unique to international investment arbitration proceedings.




CETA - An Overview

On 30 October 2016, the Comprehensive Economic and Trade Agreement (CETA) was adopted by the Council and signed at the EU-Canada Summit. Once applied, CETA will provide EU firms with better business opportunities in Canada as well as support job expansion in the EU.
16 December 2016 | Features

Amendments to the ICC Rules of Arbitration

In October 2016, the ICC Executive Board approved changes to the ICC Rules, which will take effect as of 1 March 2017.
16 December 2016 | Features

The Future of London-seated Arbitrations

Choosing a suitable seat of arbitration is of paramount importance. The decision will play a vital role in how the arbitral proceedings are conducted, especially with regard to the involvement of domestic courts.
3 November 2016 | Features

Corporación Mexicana De Mantenimiento Integral v Pemex‐Exploración Y Producción

A detailed review of the case where COMMISA and PEP entered into a contract that provided that the former would build oil platforms in the Gulf of Mexico.
3 November 2016 | Features

Should Hong Kong Embrace Third Party Funding?

A look at developments following the recommendation that third-party funding should be permitted under the law of Hong Kong for arbitrations taking place in Hong Kong.
3 November 2016 | Features

An update on CIArb’s Mediation Rules and Guidance Notes

Civil and Commercial Mediator David Richbell provides an update on his recent involvement with CIArb’s Mediation Sub-Committee, and the projects the Sub-Committee have planned for the coming months.
11 October 2016 | Features

Gujarat State Petroleum Corporation Limited & Ors v Republic of Yemen & Anor: Perspectives on the Issue of Force Majeure

In February 2013, when Gujarat State Petroleum Corporation Limited, together with two other Indian companies, brought arbitration proceedings against the Republic of Yemen and its Ministry of Oil and Minerals for the termination of three petroleum exploration contracts on the ground of force majeure.
11 October 2016 | Features

Ground-breaking Appointment Sets Example in the Fight to Promote Diversity

Feature on the appointment of the first female arbitrator in Saudi Arabia. Shaima Aljubran, a lawyer and legal advisor at Rawabi Holding, who was appointed as an arbitrator in a commercial dispute earlier this year.
4 October 2016 | Features

Rusoro Mining Ltd v The Bolivarian Republic of Venezuela – Another Billion Dollar Award

Rusoro Mining, a Canadian company, whose main business is the exploration and production of gold, was awarded more than US$1.2 billion in a claim against the Republic of Venezuela. The request for arbitration was made in accordance with the 2006 ICSID Additional Facility Rules and the 1996 Canada – Venezuela Bilateral Investment Treaty (BIT).
4 October 2016 | Features