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Martin Kwan  (OBOR Legal Research Centre)
Kabab-Ji: Determining The Governing Law For The Arbitration Agreement Under English Law, The Emerging Focus On The Express Choice Of The Parties
February 24, 2020

Introduction Whenever the court is confronted with the task to determine the governing law of an arbitration agreement on the basis of knowing only (1) the stipulated governing law of the main…

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Claire Morel de Westgaver , Olivia Turner  (Bryan Cave Leighton Paisner LLP)
Artificial Intelligence, A Driver For Efficiency In International Arbitration – How Predictive Coding Can Change Document Production
February 23, 2020

In the last few years, the international arbitration community has started to engage in discussions on the digital transformation of dispute resolution and on artificial intelligence (also on this…

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Marike R. P. Paulsson  (Albright StoneBridge Group)
Revival Of The Yukos Awards Against Russia Following The Decision Of 18 February By The Court Of Appeal In The Hague
February 22, 2020

Introduction On the 18th of February, the Court of Appeal in The Hague reversed the lower court’s decision annulling the awards rendered against the Russian Federation in Veteran Petroleum Ltd.,…

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Joe Rich  (WilmerHale)
Kabab-Ji: The Effect Of No Oral Modification Clauses On Non-Signatories Of Arbitration Agreements Under English Law
February 21, 2020

On 20 January 2020, the Court of Appeal delivered its judgment in Kabab-Ji SAL (Lebanon) v. Kout Food Group (Kuwait) [2020] EWCA Civ 6. This post will focus on the Court’s findings on “no oral…

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Guillaume Croisant  (Linklaters)
Micula Case: The UK Supreme Court Rules That The EU Duty Of Sincere Co-operation Does Not Affect The UK’s International Obligations Under The ICSID Convention
February 20, 2020

In a decision likely to enthuse investors willing to enforce intra-EU ICSID awards in the UK, the UK Supreme Court unanimously held yesterday that the UK’s enforcement obligations under the ICSID…

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Gerald Leong  (Herbert Smith Freehills)
How Do You Deal With Data Protection And Cybersecurity Issues In a Procedural Order?
February 19, 2020

It would be difficult not to have encountered at least one arbitration event in the past year where data protection or cybersecurity was discussed. As these discussions become more frequent, one may…

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Ashish Virmani
Delay and Damages in Construction Contracts: A Report from the 4th SCL-CIArb-India International Conference on Construction Law & Arbitration
February 18, 2020

A 3-day International Conference on Construction Law & Arbitration was held in December 2019 in New Delhi, co-hosted by the Society of Construction Law-India and the Chartered Institute of…

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Joe Rich  (WilmerHale)
Challenges To The Appointment Of An Arbitrator: What Is The Effect Of Non-Disclosure?
February 17, 2020

The award in Serafín García Armas and others v. Venezuela (PCA Case No.2013-3) (administered under the 1976 UNCITRAL Rules) was released in April 2019. This post refers to two decisions by Mr. Hugo…

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Georges Affaki  (AFFAKI)
The Dispute Resolution Mechanism that Could Lead to the Snap Back of Iranian Sanctions
February 16, 2020

Amid the celebrations that accompanied the conclusion on 14 July 2015 of the Joint Comprehensive Plan of Action (JCPOA) between the E3/EU+3 (China, France, Germany, Russia, the UK and the U.S., with…

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Anna Howard  (Centre for Commercial Law Studies, Queen Mary University of London)
Kluwer Mediation Blog: December 2019 and January 2020 digest
February 16, 2020

“the money’s not about the money…The key to settlement lay not in the realm of calculation and rationality but in the more opaque social world of face, punishment, justice and emotion.” Charlie…

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