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Altynay Mukhametkalikyzy
Hidden Impediments Await Foreign Parties Seeking to Enforce Arbitral Awards in Kazakhstan
April 01, 2020

The overwhelming weight of opinion among legal practitioners is that enforcement of foreign arbitral awards in Kazakhstan is theoretically possible under the New York Convention (“NY Convention”),…

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Travis Gonyou  (Binder & Schwartz LLP)
A Right Without a Remedy? The Recent US Decision to Not Enforce the Shell/Exxon Award
March 31, 2020

On September 4, 2019, Esso, a subsidiary of the Exxon Mobil Corporation, and Shell Nigeria, a subsidiary of the Shell Oil Company (collectively “Esso”), attempted to enforce a $1.799 billion arbitral…

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Sayed Hamidullah Hashemi  (ICC-Afghanistan Commission on Arbitration and ADR) , Bharatendu Agarwal  (SAARC Arbitration Council)
From Zero to One: How the Vis Moot is Shaping Arbitration in Afghanistan
March 31, 2020

Afghanistan, in January 2007, enacted its Commercial Arbitration Law to facilitate prompt, fair and neutral resolution of commercial and economic disputes through arbitration. However, despite…

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Federica I. Paddeu  (Queens' College, University of Cambridge) , Kate Parlett  (Twenty Essex)
COVID-19 and Investment Treaty Claims
March 30, 2020

At the time of writing, the number of confirmed cases of COVID-19 passed 600,000, across more than 200 countries and territories. The World Health Organization (the WHO) declared a Public Health…

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Maxi Scherer  (ArbBoutique & Queen Mary University of London)
The Contents of Journal of International Arbitration, Volume 37, Issue 2
March 29, 2020

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Sundaresh Menon, Technology and the Changing Face of Justice The…

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Anna De Luca  (Macchi di Cellere Gangemi)
UNCITRAL Working Group III: Counterclaims in ISDS - Challenges and Prospects in Light of the UNCITRAL Reform Process
March 28, 2020

A cursory reading of the mandate of Working Group III reveals that the discussion at UNCITRAL of ISDS (Investor-State Dispute Settlement) reform focuses only on procedural aspects of dispute…

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Johan Sidklev , Bruno Gustafsson  (Roschier Attorneys, Ltd.)
UNCITRAL Working Group III: Security for Costs – An Inefficient Mechanism to Avert Frivolous Claims in ISDS
March 27, 2020

Ahead of the thirty-ninth session of UNCITRAL Working Group III (Investor-State Dispute Settlement Reform), the General Assembly Secretariat issued a note on issues to be considered on the topic of…

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Marike R. P. Paulsson  (Albright StoneBridge Group)
UNCITRAL Working Group III: Reforms in the Realm of Investor-State Disputes - UNCITRAL’s Proposals for an Appellate Mechanism and its Impact on Duration and Cost
March 26, 2020

One of the topics on the agenda of UNCITRAL Working Group III is the establishment of an Appellate Court system. The system of investor-State dispute resolution therefore now faces the fact that WG…

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Fernando Dias Simões  (The Chinese University of Hong Kong)
UNCITRAL Working Group III: Would an Investment Court De-politicize ISDS?
March 25, 2020

Arbitrators under the Crossfire While investor-state dispute settlement (ISDS) was created with the purported goal of depoliticizing investment disputes, it is currently at the centre of heated…

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Andreea Nica
UNCITRAL Working Group III: One Step Closer to a Multilateral Investment Court?
March 24, 2020

During its last resumed 38th session which took place in Vienna from 20–24 January 2020 the UNCITRAL Working Group III discussed in parallel three reform alternatives, based on the notes prepared by…

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