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19 June 2014 | CIL Seminar Series
The Context, Legitimacy and Future of Anti-arbitration Injunctions in Investment Arbitration
Introduction
Anti-arbitration injunctions issued by domestic courts have come into sharp focus recently in the investment treaty cases of Standard Chartered Bank v Tanzania Electric Supply Company Limited and British Caribbean Bank Ltd. v. Belize. The seminar examined the attempts by domestic courts to restrain these two arbitrations. It compared these cases with examples of anti-arbitration injunctions that have taken place in the context of international commercial arbitration. The discussion also traversed the question of the legitimacy of anti-arbitration injunctions and attempted to identify future trends in this field.
Materials
“Anti-Arbitration Injunctions: The Core Concepts” by Dr Romesh Weeramantry
PowerPoint slides in PDF format
About the Speaker
Dr Romesh Weeramantry is a Foreign Legal Consultant at Clifford Chance. Based in Hong Kong, he advises and represents clients in international commercial arbitration and investment arbitration matters.
His previous experience includes work at the Iran-United States Claims Tribunal (The Hague), the United Nations Compensation Commission (Geneva), and a leading Swiss law firm. He has also been the arbitral clerk to Neil Kaplan QC and the Tribunal Secretary to a number of prominent international arbitral tribunals. Additionally, he has advised international organisations and trained government officials and judges in developing countries on arbitration and international investment law.
Currently, he is an Adjunct Professor of Law, University of Hong Kong. Before this, he was an Associate Professor of Law at the City University of Hong Kong.
His publications include Treaty Interpretation in Investment Arbitration (Oxford UP 2012); International Commercial Arbitration: An Asia-Pacific Perspective (Cambridge UP 2011); and The Hong Kong Arbitration Ordinance: Commentary and Annotations (Sweet & Maxwell 2011). He is a General Editor of the Asian Dispute Review and also a General Arbitration Editor of the Hong Kong White Book.
He was a founding Co-Chair of the Asia-Pacific Forum for International Arbitration (AFIA).