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29 articles available

We have all seen it before. The same names, the same faces are chosen consistently to act as arbitrators. Is it bad? No, but it certainly occurs. The same names are respected, experienced…

On Monday, December 13, 2010, the United States Supreme Court denied cert for Certain Underwriters at Lloyd’s, London v. Lagstein, and in so doing denied the opportunity to further clarify the debate…

Despite what the title may imply, this is not another prose on the legal theories around whether a BIT claim could be made in lieu or in addition to a contract with an arbitral clause in place. It is…

Another arbitral center may be opening its doors soon, but this one intends to be global and to focus exclusively on complex financial disputes, including the over-the-counter derivatives market. The…

It is rather interesting to read in the news about how some governments have chosen to “fund” their own government. One government went so far as to simply clear out the checking accounts of small…

Often viewed as one of the leading locations for international arbitrationss, why doesn’t the state of New York have a separate arbitration act for international arbitrations? Is it simply…

Many leading jurisdictions in international arbitration have adopted all or part of the UN Model Law on International Commercial Arbitration (“Model Law”). The question that remains is: Why Hasn’t…

This year, the State of Florida, with significant help from the many international practitioners working in Florida, proposed and passed a bill changing the Florida Arbitration Act to substantially…

Earlier I discussed a possible response to a Respondent’s tactical approach to refuse to pay an advance on costs, referring to a previous article I published. This post invited a reaction from…