A. Introduction International arbitration is often referred to as the area of globalization “par excellence.” Indeed, it is the preferred means of dispute resolution for multinational companies.[1] It brings together parties, counsel and arbitrators from diverse legal backgrounds, and these various legal influences make international arbitration a “live” example of the globalization of law.[2] Over the past 10 years, international arbitration has experienced spectacular growth in both commercial and investor-state arbitration. Trade is occurring more…
Indemnification clauses are common in share purchase agreements (“SPA”). Post M&A disputes frequently concern alleged breaches of such…
As the world becomes more globalized and as ongoing international investment interest and economic growth across Africa continues…
This is a series of tips and best practice in working with party-appointed experts presented by Baker McKenzie in Johannesburg Complex infrastructure disputes often turn on the strength of expert evidence. Carefully managed experts win cases. And carefully considered expert evidence is equally a powerful driver of settlement. However, without adequate guidance, and a clear idea of the legal framework into which their evidence feeds, even the most seasoned expert may come unstuck under cross…
In 1999, Enron Nigeria Power Holding, Ltd (“ENPH”) entered into a power purchase agreement (“PPA”) with Nigeria, Lagos…
Baker McKenzie has released the 10th anniversary edition of its annual International Arbitration Yearbook, an in-depth report reviewing…
On March 1, 2017, the new Arbitration Rules of the International Chamber of Commerce (“ICC-Rules”) come into force. In Art. 30 and Annex VI, they contain specific provisions for an Expedited Procedure (“Fast-Track Arbitration”). The characteristic features of the new Expedited Procedure are that a sole arbitrator with extended powers shall render an arbitral award within six months after a limited establishment of the facts and optionally without a hearing. Expedited Procedures by which disputes…
Investment treaty arbitrations may be brought under the rules of many different arbitration institutions. As can be expected,…
Post-M&A arbitration has long followed an established pattern: In the course of the transaction the buyer assesses the…
The United Arab Emirates (“UAE”) has experienced decades of economic growth and has emerged as a leading regional commercial hub, attracting large and numerous cross-border transactions. This has lead investors and parties into contracts in the UAE to commonly elect a foreign law, in particular English law, to govern the contractual relationship and to opt for a foreign jurisdiction or for arbitration as an alternative to litigation. Looking at the legal framework of the UAE,…