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Stasys Zelenekas  (Greenlex)
Claims for Losses Caused by Criminal Offences not to be Arbitrated, Say Lithuanian Courts
November 10, 2018

The Court of Appeal of Lithuania (“Court of Appeal”) in Prosecutor v. Public Entity “Pramogų sala”,  has ruled on 9 August 2018 that claims for damages are not arbitrable in cases where the (…

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Yashasvi Tripathi  (Nishith Desai Associates)
Should Political Risk Insurance Payment Be Deducted From Investment Treaty Award Compensation?
November 10, 2018

Introduction Political Risk Insurance (PRI) was discussed as a concept here. In fact, an earlier post discussed PRI as an alternative to investment treaty arbitration (ITA) for investors. The…

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Herman Duarte  (HDUARTE LEGAL)
The Return of "Forwarding" in the Costa Rican Arbitral World
November 09, 2018

The Return of the Jedi is a 1983 science fiction movie set in 4 ABY, a year after the Imperial occupation of Cloud City, when Luke Skywalker and his friends travel to Tatooine to rescue Han Solo from…

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Léonard Stoyanov  (Meyerlustenberger Lachenal Ltd.)
Switzerland to Become More Attractive for International Arbitration: Act 2
November 08, 2018

On 11 January 2017, the Swiss Federal Council issued a draft bill to revise chapter 12 of the Swiss International Private Law Act (“SPILA”) on international arbitration (as well as, to a lesser…

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Catalina Bizic  (Penn State University)
The 2018 Revision of the Rules of the Court of Arbitration Attached to the Chamber of Commerce and Industry of Romania – An Important Upgrade
November 07, 2018

A heated debate has been ignited by the results of the 2018 Queen Mary Survey, which highlighted time and cost as the most fervid complaints respondents had regarding arbitration. In order to address…

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Maximilian Clasmeier  (White & Case LLP)
Singapore High Court Upholds Multi-Million Dollar ICC Award Relating To A Power Plant Project In Guatemala
November 06, 2018

On 26 April 2018, the Singapore High Court (“Court”), in China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another [2018] – SGHC 101, has upheld an ICC award of a truly international…

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Mykhailo Soldatenko  (Asters)
Ongoing Territorial Challenges in Crimea Cases: Putting Everest v. Russia in Context
November 05, 2018

After the 2014 Russian annexation of Crimea, the new local “authorities” have taken a number of privately and state-owned assets in the peninsula.  Ukrainian companies have commenced at least eight…

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Alban Dautaj  (Stockholm University)
The Ethical Paradox Put to Play by Guerilla Tacticians
November 04, 2018

Some rules, although made to protect the integrity of an arbitration procedure, open up opportunities for bad faith actors to utilize “legislative” shortcomings. Too often these actors engage in…

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Shweta Sahu , Moazzam Khan  (Nishith Desai) , Payel Chatterjee  (Trilegal)
Legitimacy of Arbitral Appointments in India
November 03, 2018

Independence and impartiality of arbitrators are the hallmarks of arbitration. The amendments to the Arbitration and Conciliation Act 1996 (“Act”) in 2015, which adopted the international best…

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Kyongsoon Park , Benson Lim  (Simmons & Simmons)
Hong Kong Arbitration Week Recap: 2018 HKIAC Rules and How They May Help in Resolving IPP Project Disputes
November 02, 2018

2018 HKIAC Rules Come into Force 1 November 2018 marked 5 years from the date on which the 2013 HKIAC Administered Arbitration Rules came into force. 1 November 2018 was also the day on which the new…

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