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Georgios Martsekis  (PotamitisVekris Law Firm)
Everyone Should Do His Own or Everyone Should Have His Own? An Analysis on the Requirements of Conferral of the Arbitral Tribunal’s Jurisdiction
May 30, 2020

In a recent decision in XPL Engineering ltd. v. K & J Townmore Construction ltd. [2019] IEHC 665, the Irish High Court decided to refer a construction dispute to arbitration on an application by…

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Pedro Guilhardi , Amanda Bueno Dantas  (Nanni Advogados)
Brazilian Federal Court of Appeals Prevents Federal Revenue's Office from Accessing Data of Arbitration Proceedings
May 29, 2020

In a dispute involving the Centro Brasileiro de Mediação e Arbitragem – CBMA (“CBMA”) and the Brazilian Federal Revenue’s Office (“FRO”), the Brazilian Federal Court of Appeals prevented FRO from…

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Jarret Huang
The Primacy of the Court’s Supervisory Powers Under Sections 67 and 68 of the Arbitration Act 1996 in Minister of Finance (Incorporated) & Or v International Petroleum Investment Company & Or
May 28, 2020

In Minister of Finance (Incorporated) & 1Malaysia Development Berhad v International Petroleum Investment Company & Aabar Investments PJS [2019] EWCA Civ 2080 (“IPIC”), Sir Geoffrey Vos,…

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Anna Maxwell  (Enyo Law LLP)
Eating Your Cake and Having It Too: The Equitable Doctrine of Approbation and Reprobation in MPB v LGK
May 27, 2020

The proverb “You can’t have your cake and eat it too” makes more sense to some people in the reverse, and it was in fact first formulated in that way in English in the 16th Century. Its point, as we…

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Luis Capiel , Alicia Larrazabal  (Herbert Smith Freehills)
Is Arbitration In Venezuela In Danger?
May 27, 2020

Recently, the Constitutional Chamber of the Venezuelan Supreme Court of Justice (the “Court”) issued an interlocutory judgment ordering the Business Center for Conciliation and Arbitration (CEDCA) to…

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Seung-Woon Lee  (WilmerHale)
Enforcing Intra-EU Dispute Awards in the United States after Achmea
May 26, 2020

After the Court of Justice of the European Union (“CJEU”) rendered the Achmea decision, heated discussions on its impact ensued. Particularly, the concern raised on whether the ICSID proceeding…

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Maxi Scherer  (ArbBoutique & Queen Mary University of London)
Remote Hearings in International Arbitration – and What Voltaire Has to Do with It ?
May 26, 2020

Remote hearings are nothing new, but the COVID-19 crisis has forced international arbitration out of its comfort zone. Parties, counsel, and arbitrators must adapt to the new reality of conducting…

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Megan Betts , Evanthia Kasiora  (Squire Patton Boggs)
Securing Witness Evidence: English Courts to the Rescue of Foreign Arbitrations
May 25, 2020

In A and B v C, D and E [2020] EWCA Civ 409, the English Court of Appeal issued on 19 March 2020 an order compelling a non-party to arbitration proceedings seated in New York to give evidence in…

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Sapna Jhangiani KC  (Advocate, Arbitrator and Mediator) , Kevin Au  (Clyde & Co Clasis Singapore Pte Ltd)
Arbitration Clauses, Insolvency Proceedings, and a Lack of Consistency Across the Common Law
May 24, 2020

In the recent decision of AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Company) [2020] SGCA 33 ("AnAn"), the Singapore Court of Appeal found that when a debtor challenges a winding-…

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Naimeh Masumy , Sarah Rayhana El Azouzi
The Arbitrability of Secondary Sanctions: A System with a Coherent Standard of Review
May 24, 2020

In January 2020, following the Executive Order of President Trump, the United States imposed additional sanctions targeting predominately Iran’s metals sector including copper, iron and steel…

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