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Vitória Zanotto Farina
When is the Arbitrator Bound to Apply the CISG?
October 10, 2020

The relationship between arbitration and the United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “Convention”) is not a clear one, and the question of when an…

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Daniel Greineder  (McNair International )
Too Close For Comfort: Arbitrator Independence After Eiser
October 09, 2020

In its decision of 11 June 2020, an ICSID Annulment Committee annulled an award in Eiser and Energia Solar Luxembourg v. Spain, ICSID Case No. ARB/13/36. It did so on the grounds that the arbitrator…

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Matthias Scherer  (Editor in Chief, ASA Bulletin; LALIVE) , Catherine Anne Kunz  (LALIVE)
The Contents of the ASA Bulletin, Volume 38, Issue 3 (September 2020)
October 09, 2020

We are happy to report that the latest issue of the ASA Bulletin is now available and includes the following articles and cases:   ARTICLES Felix DASSER, ASA – Swiss Home of Arbitration In his…

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Maxi Scherer  (ArbBoutique & Queen Mary University of London) , Niuscha Bassiri  (ArbBoutique) , Mohamed S. Abdel Wahab  (Zulficar & Partners)
‘International Arbitration and the COVID-19 Revolution’ (Part 1 of 2)
October 08, 2020

The COVID-19 pandemic has exerted an unprecedented impact on individuals, entities, businesses, and states. National court systems and alternative dispute resolution regimes have also been severely…

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Lucas Pitts , Yannick Hefti-Rossier , Kimia Kalantarian
ADGM Courts: Not Open for Business as a Conduit Jurisdiction?
October 07, 2020

Offshore courts in the UAE have long been used as conduit jurisdictions, particularly by international parties seeking to enforce foreign arbitral awards. The Abu Dhabi Global Markets (“ADGM”) and…

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Liat Tapia , Pablo Correa  (Ugarte & Correa)
Are the Judicial Procedural Rules Issued During the Pandemic Applicable to International Arbitrations Seated in Santiago?
October 07, 2020

Chile confirmed its first case of COVID-19 on March 3, 2020. Since then, Chilean institutions have designed several solutions to adjust their operation during the sanitary crisis.  This brief…

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Sarah Ayreen Mir  (School of Law, Christ University)
The Tests for Determining Arbitrability of Fraud in India: Clearing The Mist
October 06, 2020

The Supreme Court of India (“Supreme Court”) recently ruled on the arbitrability of fraud in the case of Avitel Post Studioz Ltd. v. HSBC PI Holdings [2020] (“Avitel”). The judgement lays down the…

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Erdem Küçüker
Revised and Reinforced Swiss Juge D’Appui & the Debate on Centralizing It
October 06, 2020

The draft bill for the revision of the 12th Chapter of the Swiss Private International Law ("PILA") was recently approved by the Swiss legislator (as analyzed previously on this blog). Besides…

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Gretta Walters  (Chaffetz Lindsey LLP)
Does a Partial Final Award Render a Tribunal Partially Functus Officio? New York State High Court Weighs In
October 05, 2020

In a recent decision, New York State’s highest court (the New York Court of Appeals) rejected an argument that a tribunal exceeded its authority, as to warrant vacatur, when it reconsidered and…

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Wei Sun  (Zhong Lun Law Firm)
Foreign Attorneys as Party Representatives in Arbitrations Seated in PR China
October 05, 2020

The arbitration laws of many established arbitral jurisdictions, for instance, the English Arbitration Act 1996, German Code of Civil Procedure, the Swedish Arbitration Act 2019 (see post on the…

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