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The second upload of materials for the 2022 volume of ICCA’s Yearbook Commercial Arbitration is now…
This question of first impression under the United States-Mexico-Canada Agreement (USMCA) has been brought to the fore with the spring 2022 publication of the Request for Arbitration (“Request”)…
The arbitration world’s most famous ice skater, Claudia Pechstein, has won a stage victory in her long-lasting and widely discussed struggle against the international sports arbitration system. On…
On 26-27 May 2022, a record turnout of over 200 experts from around the world gathered in Warsaw for the sixth iteration of the “Dispute Resolution in M&A Transactions” Conference. It has become…
The Spanish Cases Saga illustrates the arduous task of balancing the host state’s right to regulate and an investor’s economic interests. This post summarizes the tribunal’s reasoning in Novenergia v…
While prior to the COVID-19 pandemic it was usual for international arbitration practitioners to conduct videoconferencing or telecommunications remotely for certain procedural events (i.e., initial…
Germany found itself as the hotseat of the “battle” between EU law and investment arbitration in May 2016 when the Federal Court of Justice (Bundesgerichtshof) referred questions relating to the…
The case involving Mr. Víctor Pey Casado, the President Allende Foundation, the 1960s Chilean newspaper "El Clarín" and the Republic of Chile – once the longest-running dispute in ICSID history – is…
This article addresses the Brazilian Superior Court of Justice (STJ) 's precedents on the exceptions to the Competence-Competence principle due to pathological arbitration agreements present in…
Expert evidence is a feature of almost every arbitration. At the very least, parties will likely need to adduce expert evidence concerning the quantification of a claim for damages. However,…