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Search Results for: counterclaims

166 results available

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Petra Rihar (Rihar & Thouvenin Dispute Resolution)
Decisions of the Swiss Federal Supreme Court in 2018: Part I
February 09, 2019

This is the 1st part of the report highlighting the most significant arbitration-related decisions of the Swiss Federal Supreme Court (the "Supreme Court") published in 2018. Consent to Arbitrate In…

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Danilo Ruggero Di Bella (Bottega Di Bella)
"Final-Offer Arbitration": A Procedure to Save Time and Money?
January 25, 2019

This is an introduction to the so-called “Final Offer Arbitration” (FOA), sometimes also referred to as pendulum or baseball arbitration. FOA is a model of arbitration that originated in the late…

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Esmé Shirlow (Australian National University)
2018 in Review: Australia and New Zealand
January 21, 2019

Last year was a busy one for arbitration practitioners in Australia and New Zealand, and 2019 looks set to be even busier. In 2018, both countries initiated a range of arbitration reforms,…

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Matilde Flores (Curtis Mallet-Prevost Colt & Mosle LLP) for Young ICCA
Expedited Procedure under the 2017 ICC Rules: Does the ICC’s Priority for Efficiency and Cost Effectiveness Come at the Expense of the Parties’ Rights?
January 13, 2019

Article 30 of the 2017 ICC Rules of Arbitration, along with Appendix VI, constitute the Expedited Procedure Provisions ("Provisions"). These new provisions are among the most notable innovations of…

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Andreea Nica
David Aven v. Costa Rica: An Aftershock of Urbaser v. Argentina?
December 12, 2018

Introduction The assessment of human rights within an investment arbitration framework, typical for the investor-state dispute resolution (ISDS) mechanism, is one of the topics which has gained…

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Sergejs Dilevka (Galadari Advocates & Legal Consultants)
So You Think You Can… Enforce an Arbitral Award in the Kingdom of Saudi Arabia?
December 07, 2018

Introduction On 8 October 2018, the Ministry of Justice (the “MoJ”) of the Kingdom of Saudi Arabia (“Saudi Arabia”) announced that in the last 12 months its enforcement courts received a record-…

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Georg von Segesser (von Segesser Law Offices), Petra Rihar (Rihar & Thouvenin Dispute Resolution)
Swiss Federal Supreme Court Confirms the Principles for the Admissibility of a Success Fee
October 07, 2018

In a decision dated 26 July 2018 and published on 29 August 2018, the Swiss Federal Supreme Court (the "Supreme Court") dismissed an appeal to set aside an arbitral award as it found that Swiss…

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Athina Fouchard Papaefstratiou (Independent Arbitrator), Capucine du Pac de Marsoulies, Martin Tavaut (Jeantet), Clement Fouchard (Reed Smith)
The Africanisation of Rule-Making in International Investment Arbitration
August 17, 2018

For AfricArb The evolution of foreign direct investment in the African continent The African continent has been an important recipient of foreign investment for many decades, with a significant rise…

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Naomi Briercliffe, Olga Owczarek (Allen & Overy)
Human-rights-based Claims by States and "New-Generation" International Investment Agreements
August 01, 2018

The views and opinions expressed in this article are those of the authors and do not necessarily reflect the views of Allen & Overy, nor those of its clients. Introduction Recent years have…

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Crina Baltag (Queen Mary University of London)
Human Rights and Environmental Disputes in International Arbitration
July 24, 2018

Based on the panel discussion moderated at the 30th Annual ITA Workshop and Annual Meeting, with panelists Lorraine de Germiny, Robert Landicho, and Laura Sinisterra.    While there are…

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