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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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Maxi Scherer  (ArbBoutique & Queen Mary University of London)
The Contents of Journal of International Arbitration, Volume 37, Issue 5
October 05, 2020

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Mees Brenninkmeijer & Fabien Gélinas, Execution Immunities and…

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Dana MacGrath  (MacGrath Arbitration) , Nilufar Hossain  (Omni Bridgeway)
Circuit Split on 28 U.S.C. § 1782: Are U.S. Courts Trending Against Discovery for Foreign Private Arbitrations?
October 04, 2020

On 22 September 2020, the U.S. Court of Appeals for the Seventh Circuit joined the Second and Fifth Circuits  in narrowly interpreting the statutory language “foreign or international tribunal”…

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Caio de Faro Nunes  (Salusse, Marangoni, Parente e Jabur Advogados) , Victoria Romero  (CAM-CCBC)
Franchising Arbitration in Brazil: What to Expect from the New Franchising Legislation?
October 04, 2020

Brazil’s new Franchising Law (Law No. 13.966/19) was published on December 27th, 2019 and became effective as of March 27th, 2020. One of the innovations (more of a confirmation) set forth by the new…

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Sebastian Lukic  (Schoenherr)
The Reference Mechanism in the EU-UK Withdrawal Agreement: Innovative or Simply Pragmatic?
October 03, 2020

In early September 2020, the United Kingdom (‘UK’) Secretary of State for Northern Ireland, Brandon Lewis, conceded in no uncertain terms that the UK Internal Market Bill would violate public…

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Mushegh Manukyan  (Office of the Ombudsman for United Nations Funds and Programmes )
Investor-State Arbitration Meets Mediation: Fostering Investor-State Mediation - Happiness Comes From Outside And Within
October 03, 2020

Of the six States that have ratified the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Convention”) only Singapore seems to have made any requisite…

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John Sabet  (Swiss Chamber of Commercial Mediation)
Investor-State Arbitration Meets Mediation: Is Mediation the Future of Investor-State Dispute Settlement in Africa?
October 02, 2020

Many see the Pan-African Investment Code (PAIC), a model instrument adopted by the African Union (AU) in 2015, as the first step toward the ‘africanization’ of international investment law. While…

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Romesh Weeramantry , Brian Chang , Joel Sherard-Chow  (Centre for International Law)
Investor-State Arbitration Meets Mediation: Putting Mediation and Conciliation Back into ISDS—The Asian Experience
October 02, 2020

Aron Broches, the chief architect of the ICSID Convention, said in 1964 that the role of conciliation in the Convention's framework may prove to be more important than arbitration. There is little…

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