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Search Results for: counterclaims

166 results available

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Michael McIlwrath (MDisputes)
Arbitral Institutions and Party Expectations, Part I: We Need the Eggs
November 20, 2012

Arbitral institutions must feel at times like the psychiatrist in the joke from Annie Hall: A man goes to a psychiatrist and says, “my brother has a real problem. He thinks he’s a chicken.” The…

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Lisa Bench Nieuwveld (Conway & Partners)
NAI Jong Oranje Hosts Third-Party Funding Event
October 20, 2012

On September 27, 2012, the Netherlands Arbitration Institute’s Jong Oranje group was fortunate enough to host an event on third-party funding. Yes, a common and hot topic these days and certainly not…

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Michael McIlwrath (MDisputes)
Anti-arbitration: problems and complaints answered here
July 12, 2012

Here are some recent issues colleagues or acquaintences tell me they are facing with international arbitration, without (or with slightly altered) information that might identify a particular…

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Olivier van der Haegen (Linklaters)
Two recent Belgian cases on the review of motivation of arbitral awards at the annulment and enforcement stages
July 06, 2012

On 13 January 2011, the Belgian Supreme Court (Cour de cassation/Hof van cassatie) ruled that an arbitral award could be set aside by a Belgian judge on the basis of a contradiction in the award’s…

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Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)
Revised Swiss Rules of International Arbitration Enter Into Force
May 31, 2012

On 1 June 2012, the new revised version of the Swiss Rules of International Arbitration (“Swiss Rules”) will come into force.  According to Article 1.3, the new Rules will apply to all Swiss Rules…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
Plaintiffs Choose to Enforce Ecuadorian Judgment Against Chevron in Canada
May 31, 2012

The shoe has finally dropped. Ever since the Invictus Memo was released to the public we knew that the Ecuadorian Plaintiffs were considering twenty-seven different countries to enforce the $18.2…

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Justin D'Agostino (Herbert Smith Freehills) for HSF Kramer
Key changes to the CIETAC Arbitration Rules
April 11, 2012

The China International Economic and Trade Arbitration Commission ("CIETAC") has recently published its revised Arbitration Rules, which will come into force on 1 May 2012 (the "2012 Rules"). This…

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Jean Kalicki (Independent Arbitrator)
Can States Assert Counterclaims Against Investors in BIT Proceedings?
January 16, 2012

The recent decision in Spyridon Roussalis v. Romania (ICSID Case No. ARB/06/1) is prompting renewed debate over whether ICSID arbitration, now the leading mechanism for investors to pursue treaty-…

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Darius Chan (Norton Rose Fulbright) for YSIAC
Setting aside an international arbitration award based on deficient pleadings
November 09, 2011

If it isn’t pleaded, you can’t consider it. That in a nutshell appears to be the holding established recently by the Singapore High Court in Kempinski Hotels SA v PT Prima International Development […

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Michael McIlwrath (MDisputes)
Anti-Arbitration: It’s Not Hard to Mediate During Arbitral Proceedings
September 13, 2011

This month marks two interesting developments in arb/med. First, as Kluwer wants you to know, they have added a mediation blog in addition to the arbitration blog. Well, it’s about time. Second,…

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