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Maria José Alarcon
New Opportunities for Arbitration Lawyers: Climate Change, Outer Space and Human Rights
July 03, 2021

International arbitration is changing at a fast pace, and opportunities arise every day in this field. In this context, on May 25, 2021, Young Arbitral Women Practitioners, Holland & Knight, and…

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Kshama A. Loya, Vyapak Desai (Nishith Desai Associates)
The Cairn Energy v. India Saga: A Case of Retrospective Tax and Sovereign Resistance against Investor State Awards
July 02, 2021

In the last decade, fifteen cases have been filed by foreign investors against India under various bilateral investment treaties (BITs).  Of these, three major cases were spurred by the ill-reputed…

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Fahira Brodlija (Association ARBITRI)
Counsel Ethics in International Arbitration: The Glass Slipper Still Does Not Fit
July 02, 2021

The story of counsel ethics in international arbitration is very much like Cinderella’s fairytale. Once the clock struck midnight, all that remained was her glass slipper. This left the prince to…

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Johanna Kathan-Spath, Alice Fremuth-Wolf (Vienna International Arbitral Centre-VIAC)
VIAC Rules Revision 2021 Part I: Revised Vienna Rules Enter into Force on 1 July 2021
July 01, 2021

The Vienna International Arbitral Centre (“VIAC”) announces its most recent update to the VIAC Rules of Arbitration and Mediation (the VIAC Rules of Arbitration and Mediation 2021) taking effect on 1…

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Daniela Páez-Salgado (Herbert Smith Freehills Kramer LLP), Emily Westphalen (Herbert Smith Frehills)
Ecuador Signs the ICSID Convention: Next Steps for Entry Into Force
June 30, 2021

On June 21, 2021, Ecuador’s Ambassador to the United States, Ivonne Juez Abuchacra de Baki, signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States…

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Alexa Biscaro (Norton Rose Fulbright Canada LLP)
The Emancipation of Arbitration: Recent Developments from the Supreme Court of Canada
June 30, 2021

The approach historically taken by Canadian courts to playing the role of guardian with respect to domestic commercial arbitration has sometimes been both confused and confusing, a situation only…

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Paola Patarroyo (Esguerra Asesores Jurídicos)
Naturgy v. Colombia: Considerations on Police Powers and a Setback from Urbaser?
June 29, 2021

On 12 March 2021, a tribunal issued an award in the case of Naturgy v. Colombia (ICSID Case No. UNCT/18/1) under the Colombia-Spain BIT (2005) (the “BIT”). The decision is the first in a wave of four…

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Lilien Wong (Shearn Delamore & Co)
A View from Malaysia: Confidentiality in Arbitration-Related Court Proceedings
June 28, 2021

Confidentiality is one of the distinctive features of arbitration and is often promoted as an advantage of arbitration. Most arbitral institutions require arbitral tribunals and parties to preserve…

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Kabir A.N. Duggal (Columbia Law School), Nicholas J. Diamond (Georgetown Law), Sarah Ayreen Mir (School of Law, Christ University)
Procedural versus Substantive Reforms: Is the Work of UNCITRAL WGIII Worth the Wait?
June 27, 2021

Calls for investor-State dispute settlement (“ISDS”) reform have persisted for some time (see blog coverage here). Competing calls for retaining the status quo, modifying the system, or abandoning…

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Aleksei Korochkin (Bureau 24 Law Group)
Expansion of the Meaning of ‘Public Policy’: The Belarusian Approach
June 26, 2021

This blog post examines the approaches of Belarusian law and judicial practice to the application of public policy rules. Considering specific cases, the author makes suggestions for mitigating the…

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