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Nick Oury , Jean Hamilton-Smith  (Herbert Smith Freehills LLP)
The Advance on Costs in Construction Arbitration: Strategy Where There is Refusal to Pay a Deposit
March 07, 2021

Each of the major arbitral institutions requires that parties furnish some form of advance on costs before an arbitration can proceed. The advance on costs is a deposit paid by the parties to cover…

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Roberto Castro de Figueiredo
The Petrobras Crisis: Arbitrating Investors’ Claims Against the Brazilian Federal Government
March 06, 2021

The recent crisis between the Brazilian president Jair Messias Bolsonaro and the Brazilian national oil company Petrobras may result in a wave of investors’ claims submitted to arbitration against…

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Santtu Turunen  (The Arbitration Institute of the Finland Chamber of Commerce)
What is the Value Proposition of an Arbitration Institute?
March 05, 2021

In recent years the arbitration community has embraced digitalisation. Already before the pandemic we were exploring the use of legal tech and even thinking of how artificial intelligence would…

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Kathryn (Lee) Boyd  (Hecht Partners LLP)
International Arbitration and the Future of Holocaust Restitution in the Aftermath of Republic of Hungary v. Simon and Federal Republic of Germany v. Philipp
March 04, 2021

Investor-state international arbitration may provide a way forward for Survivors and their heirs after the U.S. Supreme Court’s decision denying claims in two restitution cases regarding Holocaust-…

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Gordon Blanke  (Blanke Arbitration LLC)
Amendment No. 1 of 2020: The 2015 ADGM Arbitration Regulations in Focus
March 03, 2021

The 2015 Arbitration Regulations of the Abu Dhabi Global Market (“ADGM”), the Abu Dhabi-based financial free zone, (the “2015 ADGM Arbitration Regulations”) (consolidated text The Amendment focuses…

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Santtu Turunen  (The Arbitration Institute of the Finland Chamber of Commerce)
Should we start with WHY?
March 02, 2021

When starting as the secretary general of the Finland Arbitration Institute (FAI) almost two years ago I wanted to properly understand what it is that we do and how we can reach our full potential in…

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Fahira Brodlija  (Association ARBITRI)
Back to Basics: Drawing the line between Disclosure, Challenge and Disqualification Standards in International Investment Arbitration
March 01, 2021

“To disclose or not to disclose?” no longer seems to be a question for international arbitrators. The narrative and policy space surrounding the independence and impartiality of international…

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Greta Niehaus  (Humboldt University of Berlin)
First Anti-Anti-Suit Injunction in Germany: The Costs for International Arbitration
February 28, 2021

For more than a decade, it was evident that anti-suit injunctions are not permitted in the European Union. Recently, however, there have been developments that could signal the beginning of a new…

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Panagiotis A. Kyriakou , Charlène Thommen  (Archipel)
The Revision of Arbitral Awards on Independence and Impartiality-Related Grounds: Delimiting the Parties’ “Duty of Curiosity” in the Age of Social Media
February 27, 2021

Regardless of whether you are a sports enthusiast, the Swiss Federal Tribunal’s recent revision of the CAS award in WADA v. Sun Yang is unlikely to have escaped your attention. In its judgment of 22…

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Olga Shenk , Viktoriia Tolochko  (CMS CMNO)
The Pro-Arbitration Seed Was Sown in Ukraine, But Violation of Public Policy May Still Lead to a Successful Challenge
February 26, 2021

There is still a common misconception among foreign arbitration practitioners that in post-soviet countries the courts often tend to refuse recognition and enforcement of arbitral awards based on…

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