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5128 results available

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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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Gordon Nardell (Twenty Essex Chambers)
The ECtHR Judgment in BEG SpA v Italy: A Human Right to a Conflict-Free Arbitrator? Part I
July 29, 2021

The relationship between commercial arbitration and European human rights law raises a number of conceptually difficult issues. How can the State be regarded as responsible at all for conduct of…

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Gordon Nardell (Twenty Essex Chambers)
The ECtHR Judgment in BEG SpA v Italy: A Human Right to a Conflict-Free Arbitrator? Part II
July 29, 2021

In the wake of BEG (see Part I), what conclusions can we draw about the place of arbitral independence and impartiality in the ECtHR’s Article 6 jurisprudence?   State Responsibility and Private…

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Veronika Korom (ESSEC Business School; Paragon Advocacy)
VIAC Rules Revision 2021 Part II: The New VIAC Rules of Investment Arbitration and Mediation
July 28, 2021

The Vienna International Arbitral Centre (VIAC) has further strengthened its arbitration offering by adopting brand new, stand-alone investment arbitration and mediation rules, the VIAC Rules of…

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Arina Akulina, Katarina Piskunovich (Russian Arbitration Center)
Arbitral Institutions’ Conflicts of Interest
July 28, 2021

Conflicts of interest between parties and arbitrators are common in arbitration proceedings. However, the academic community has not yet examined whether arbitral institutions may also run into…

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