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Santiago Peña (Bomchil), Alegría Jijón (Pérez Bustamante & Ponce) for Asociación Latinoamericana de Arbitraje (ALARB)
A Brief Comment on ALArb’s Protocol for Virtual Arbitration Hearings
July 22, 2022

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…

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Laura Halonen, Sophie Eichhorn (WAGNER Arbitration)
Berlin Court Finds that ICSID Arbitrations Are Immune from Achmea and Komstroy – At Least While They Are Ongoing
July 21, 2022

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…

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Beverly Timmins, Angela Portocarrero (Herbert Smith Freehills)
Fit for Print: the "El Clarín" Saga Leads to US$ 550 Million Enforcement Order by Spanish Courts
July 20, 2022

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…

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Daniel Brantes Ferreira (Centro Brasileiro de Mediação e Arbitragem)
Brazilian Superior Court of Justice (STJ) and the exceptions of the Competence-Competence Principle
July 19, 2022

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…

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Yan Zhang (King & Wood Mallesons ) for ACICA, ACICA 45
Making Expert Evidence Engaging: ACICA45 Panel Discussion
July 18, 2022

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,…

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Lukas Brunner (WilmerHale)
Can Amicus Curiae Lead Investor-State Arbitration out of its Legitimacy Crisis and Towards More Efficient Dispute Resolution?
July 15, 2022

On 5 May 2022, Young ITF hosted its launch event, covering a debate on the motion that “[t]his House believes that greater use of Amicus briefs will address the legitimacy crisis that [Investor-State…

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Raoul J. Renard
Arbitration Tech Toolbox: Technology-related Dispute Resolution: Tailored Rules at UNCITRAL
July 14, 2022

From 28 March to 1 April 2022, Working Group II of the United Nations Commission on International Trade Law (UNCITRAL) held a Colloquium to explore legal issues related to dispute resolution in the…

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Shruti Sabharwal, Ujval Mohan (Shardul Amarchand Mangaldas & Co.)
You, Me and Dupree: Indian Supreme Court Rethinks the Tenability of Using the Group of Companies Doctrine to Bind Non-Signatories to an Arbitration Agreement
July 13, 2022

The group of companies doctrine in arbitration has always been contentious in India. The doctrine was first recognised by the Indian Supreme Court in Chloro Controls India Private Limited v. Severn…

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Francisco Mateo Pavía, Panagiotis A. Kyriakou (Archipel)
Has the SFT "Toughened” the Duty of Curiosity while “Softening” the Duty of Disclosure?
July 12, 2022

In Decision 4A_520/2021 of 4 March 2022, the Swiss Federal Tribunal (“SFT”) was requested to determine whether the chairperson of a panel in proceedings before the Court of Arbitration for Sport (“…

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Pauline Ernste, Tetyana Makukha (NautaDutilh N.V.)
The 2022 Dutch Arbitration Day: Fraud and Corruption in Arbitration
July 11, 2022

After two years of absence due to COVID-19, the Dutch Arbitration Association held its eighth conference on 2 June 2022 in Amsterdam. The main theme of this year’s conference was fraud and corruption…

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