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Tarciso Gazzini , Francesco Seatzu
The Strange Case of Denial of Benefits Clauses: The Italian and Colombian Model BITs
August 07, 2021

First appearing in the 1970s, denial of benefits (DoB) clauses have proliferated, became more sophisticated, and evolved significantly and even beyond recognition as in the 2017 Colombian Model BIT.…

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Dina Prokic  (Woods LLP)
The Gift that Keeps on Giving: New Evidentiary Developments in the Canadian Installment of the Yukos Saga
August 06, 2021

Much ink has been spilled on the 2014 Yukos arbitral awards, and rightfully so. They are notorious for collectively breaking the previous record for the largest arbitral award in history. Their…

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Ylli Dautaj  (Durham Law School) , Esmé Shirlow  (Australian National University)
ECT Modernisation Perspectives: An Update
August 05, 2021

From 20-26 July last year, this Blog ran a series on the Energy Charter Treaty (ECT) modernisation process. The Energy Charter Conference (the Conference) had recently established a Modernisation…

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Anna-Maria Tamminen  (Hannes Snellman) , Marcus Nyberg  (Hannes Snellman)
SCC Express: A Shortcut or A Detour?
August 04, 2021

In late May 2021, the Swedish Chamber of Commerce (“SCC”) announced its most recent dispute resolution tool – SCC Express, a process conducted under the SCC Rules for Express Dispute Assessment (the…

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Frank Bannon , Stephanie Khan , Xara Kaye  (Clayton Utz)
Recognition, Enforcement or Execution? The Full Federal Court's Nuanced Examination of Foreign Awards in Australia
August 03, 2021

The International Convention on the Settlement of Investment Disputes (ICSID Convention) contains two provisions regulating compliance with arbitral awards. Article 53(1) provides that an award shall…

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Tatiana Yushchenko  (Selepey, Volkovetsky & Partners)
The Still (Somewhat) Muddied Waters of Court-Ordered Interim Measures in Support of Commercial Arbitration in Ukraine
August 02, 2021

In recent years, arbitration has been gaining traction in Ukraine as a fast and efficient method for dispute resolution. It was against this background that in December 2017 a long-awaited reform of…

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Johannes Hendrik Fahner  (Lévy Kaufmann-Kohler)
Advocate General Szpunar in Micula: Achmea Irrelevant, but Commission Competent to Assess Award under EU State Aid Law
August 01, 2021

According to Advocate General Maciej Szpunar, the Micula case is symbolic of the ‘conflictual relationship’ between EU law and international investment law. Indeed, the European Commission has…

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Maxi Scherer  (ArbBoutique & Queen Mary University of London)
The Contents of Journal of International Arbitration, Volume 38, Issue 4 (August 2021)
July 31, 2021

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Gary Born, The 1933 Directives on Arbitration of the German Reich:…

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Evgeniya Rubinina  (Enyo Law LLP)
All Bark and No Bite? The Russian Supreme Court’s Refusal to Grant an Anti-Arbitration Injunction to a Sanctioned Company
July 30, 2021

In mid-2020, changes were enacted to the Russian Arbitrazh (Commercial) Procedure Code (“APC”) which established the exclusive jurisdiction of Russian Arbitrazh courts over cases where a Russian…

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Andrés Larrea  (Tobar ZVS)
Ecuador's Constitutional Court Rules in Favor of Ratification of the ICSID Convention
July 30, 2021

On 15 January 1986, Ecuador signed the Convention on the Settlement of Investment Disputes between States and Nationals of other States ("ICSID Convention"). During President Rafael Correa´s…

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