Tips from the Top: Young ICCA interviews Gretta Walters

Gretta Walters is an Associate at Chaffetz Lindsey LLP in New York, where she represents individual and corporate clients in international and cross-border disputes in arbitration and in state and federal court. She has experience in arbitral proceedings under the arbitration rules of the International Court of Arbitration of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).  Prior to joining Chaffetz Lindsey, Gretta was an Associate at Mayer Brown, Legal Counsel at the SCC, and a Visiting Lecturer at Stockholm University.

Gretta is a Global Advisory Board member of ICDR Young & International (ICDR Y&I) and Secretary of the International Commercial Disputes Committee of the New York City Bar. She also co-coaches the Foreign Direct Investment and Vis International Commercial Arbitration moot court teams at New York University Law School. She received a J.D. degree from American University, Washington College of Law (Washington, DC) and an LL.M. in international commercial arbitration from Stockholm University (Sweden). She is admitted to the New York bar.

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Examining the Validity of Unilateral Option Clauses in India: A Brief Overview

By: Nishanth Vasanth & Rishabh Raheja, Third Year, B.A. LL.B. (Hons.) at NALSAR University of Law, Hyderabad

The authors would like to thank Clifford Chance LLP and AZB & Partners for sharing detailed material with the authors on the validity of unilateral option clauses in several jurisdictions, including India.

The decision of the Singapore Court of Appeal in Wilson Taylor Asia Pacific Pte Ltd v. Dyna-Jet Pte Ltd ([2017] SGCA 32) added another chapter to the debate on the validity of unilateral option clauses (or ‘sole option clauses’) in contracts. The Singapore Court of Appeal reaffirmed the Singapore High Court’s decision to uphold the validity of a unilateral option clause, thus adding to the varying decisions on this question across jurisdictions since 2010. During this period, courts in the UK, Italy and Spain have upheld such clauses as valid, while those in France, Russia, Bulgaria, Dubai and Poland have struck down such clauses. In this context, the authors consider the challenges faced by unilateral option clauses in various Indian courts.
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New Arbitration Act in Hungary

By Zoltan Novak, Senior Associate at Taylor Wessing in Budapest, Hungary

The Hungarian Parliament has recently adopted a new Act on Arbitration, which will enter into force on 1 January 2018 (the Act). The new Act (based on the UNCITRAL Model Law on International Commercial Arbitration as amended in 2006 (the Model Law)) implements changes that are likely to have a considerable impact on the Hungarian dispute resolution landscape. The previous Arbitration Act from 1994 was based on the 1985 UNCITRAL Model Law, but it was found to be outdated in several aspects. The new Act basically applies the same rules for domestic and international arbitration but provides that, in the case of international arbitration, the presiding arbitrator should have a nationality different from that of the parties.
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