Dawn Mertineit’s Post

Speaking at this panel next week in Hong Kong. Political risk used to be something that applied to the investor investing in an “emerging” economy. But the tide has turned. Developed economies are under siege from investors who make treaty claims under BITs when new laws and regulations in the host country threaten profits. The States in question are the ones who now suffer the political risk. This should be an interesting discussion, and we’ll even throw in a dash of controversy to spice things up!

As part of Hong Kong Arbitration Week 2023, Three Crowns LLP Professional Support Counsel, Briana Young, moderated the Update on Outcome Related Fee Structures for Arbitration (ORFSA) panel at the ADR in Asia Conference. Panelists Tom Glasgow, John Choong, and Kathryn Sanger discussed progress in the year since the ORFSA legislation came into effect in Hong Kong, including uptake of the new regime, and ways to help firms implement success fees for arbitrations. #HKAW2023 #Arbitration #InternationalArbitration #Disputes #DisputeResolution #HongKong

The recent attempt to register an EUTM for "PABLO ESCOBAR" brings to light a fundamental question in the world of IP law, one that has fascinated me throughout my master's program and inspired an intriguing essay for my Law and Fashion course: Should morality limit intellectual property rights? In copyright classes, we learn that copyright is not about assessing the artistic value of a work. Any piece of work can be protected as long as it demonstrates originality. This principle means that the content of a work is not typically scrutinized for copyright protection, yet the law sometimes does make judgments based on morality. With my background in Iranian law, enriched by its unique Islamic perspective(!), I’ve gained a distinct understanding of how subjective and varied moral standards can be. Morality is a concept that evolves over time and varies across cultures. As IP professionals, it's a fascinating exercise to examine cases like this and consider whether we can create a system of IP protection that transcends time and place. Of course, there's always room to debate whether striving for a unified legal system is even feasible. I’m eager to hear your thoughts on this topic. How do you think we should navigate the complex interplay between morality and intellectual property? #IntellectualProperty #Law #Morality #EUTM #IPLaw #LegalInsights #ProfessionalDevelopment

A multi-disciplinary group of lawyers from #TeamSPB's Antitrust/Competition, International Trade, Litigation and Shipping practices review the options for the Federal Maritime Commission following the EU Commission’s recent decision to end the Antitrust Exemption for linear services.   Read the full insight at the link below. #ShippingLaw | #AntitrustLaw | #MaritimeCommission

Schellenberg Wittmer International Arbitration Case Alert. This month, we report on two decisions rendered by the Swiss Supreme Court: - Explanatory award issued by rabbinical arbitral tribunal set aside due to violations of right to be heard and right to equal treatment - Venezuela's public policy challenge to Clorox award dismissed Read more: https://lnkd.in/eVn_X3AG Authors: Anya George, Anne-Carole Cremades, Géraldine I. #SchellenbergWittmer #Arbitration #swisssupremecourt #arbitrationlaw #internationalarbitration

One of the best things about my role at Sidley is the opportunity to work on an interesting variety of international disputes. Working with colleagues from Sidley's arbitration and trade teams, I have the opportunity to do an interesting mix of things: trade disputes at the WTO, commercial and investment cases before arbitral tribunals, and proceedings before the International Tribunal for the Law of the Sea and the International Court of Justice. Today, I am delighted to share that I have been ranked in two separate categories by Who's Who Legal - "Recommended" for Trade & Customs, and "Future Leader" for Arbitration. I am also thrilled to see myself listed alongside several valued colleagues and dear friends. #arbitration #internationalarbitration #internationaltrade #internationallaw

Twenty Essex is sponsoring the 12th edition of Global Arbitration Review’s GAR Live: London, taking place on 3 October 2023. The conference will consist of in-depth and lively discussions on hot topics affecting international arbitration including key developments, trends, and any potential changes. Charles Kimmins KC will be speaking in a panel discussion with Catherine Gilfedder (Dentons) and Michael Payton KC (Clyde & Co), exploring whether instances of arbitrators being challenged are really on the rise or simply a perceived threat. There will be a particular focus on whether the UNCITRAL code of conduct will make these matters clearer. https://lnkd.in/e3c3-RWe

In the dynamic realm of international commercial arbitration, the recent case of CZT v CZU [2023] SGHC(I) 11, heard in the Singapore International Commercial Court, has sparked significant discussions about the delicate interplay between confidentiality and impartiality in arbitral proceedings. Click here to read more in this article written by Rhoshvin Singh: https://lnkd.in/gJn5RN4r. For more information, please reach out to your usual contact from our Arbitration Practice Group (https://lnkd.in/gp3hZ3pt). #shearndelamore #ArbitrationPrivacy #ProtectYourConfidentiality #SecureDisputeResolution

I am grateful to Radcliffe Chambers for inviting me to participate in the panel with Shantanu Majumdar KC and Kate Rogers at the Radcliffe Chambers' Commercial Litigation Conference 2024. 🎤 We discussed the duty of arbitral tribunals to produce an enforceable award. Is this duty indeed absolute? Are the arbitrators bound by national conflict of law rules in light of the parties’ autonomy in choosing applicable law. What if the losing party strategically withholds arguments about enforceability, prompting the arbitrator to consider the principle of iura novit curia vis-à-vis importance of the parties' rights to comment on laws that are advanced against them. We explored exceptions to party autonomy, citing examples of judgements in Switzerland, France, UK and Germany. We could not avoid discussing the application of the mandatory rules in the jurisdiction where the award is likely to be enforced with particular focus on sanctions. #internationalarbitration #arbitration RPC- law firm #disputes

In this exciting episode of ethBeats, we are joined by Gordon Nardell KC, a renowned Barrister and Arbitrator from Twenty Essex, and Renganathan Nandakumar, Head of Litigation and Dispute Resolution at RHTLaw Asia LLP. Together, they delve into the intricacies of the Sulu case, exploring the ethical challenges and pitfalls in high-stakes international arbitration. What does this landmark case reveal about the ethical dilemmas in the field, and what valuable lessons can we learn from it? Tune in to find out! #ethics #governance #arbitration #dispute ONERHT