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The Bar Council has recently published a guidance note regarding barristers from the same chambers appearing as counsel and arbitrator in the same arbitration. The Bar Council, mindful of concerns raised on this issue by various bodies and international clients who are not accustomed to the “structure and culture of the English bar”, has sought to ensure that the “valuable protection given to clients by the availability of the independent bar is not compromised.” The…

On January 26, CPR announced a new Steering Committee for its Young Attorneys in Alternative Dispute Resolution Program (“Y-ADR”) – press release. The new Steering Committee includes Andy Moody, a Dispute Resolution partner in the London office of Baker and McKenzie and Luis Peretti, associate at the São Paulo office of Trench Rossi e Watanabe Advogados, both of whom have co-authored this post. CPR is an independent nonprofit organization that, for more than 35 years,…

The much awaited text of the TPP has been released. As anticipated, the Investment Chapter (Chapter 9) sets out protections for investors of each TPP State and the mechanism for investors to bring claims in the event a TPP State fails to comply with these protections. A summary of those protections and the investor-state dispute settlement (ISDS) mechanism is set out below. What is protected? The TPP Investment Chapter protects investments made by investors of…

A PDF version of this article is availabe here. A. Introduction 1. On August 18, 2015, the chamber A of the Buenos Aires Commercial Court of Appeals (the “Court of Appeals”) decided on the case involving CCI – Compañía de Concesiones de Infraestructura S.A. (“CCI”) and the Republic of Peru (the “CCI Case”)[1] in a groundbreaking decision that represents the first judicial precedent regarding the enforcement of ICSID awards in Argentina. 2. Despite being the State that has…