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Brad Wang  (CIETAC (HK)) , Gloria Ho
CIETAC’s Fresh Footprint in North America: Drawing on Experiences of its Hong Kong Counterpart
September 28, 2018

The Inauguration On 2 July 2018, CIETAC established its second arbitration centre outside mainland China – the North America Arbitration Center in Vancouver, Canada. Co-organised by CIETAC and the…

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Alefiyah M Shipchandler  (ILS Law College)
Advance Waivers of Conflicts of Interest – Changing the Dimensions of Arbitrator Challenges
September 27, 2018

Arbitrator neutrality remains an imperative prerequisite in international commercial arbitration. After all, the primary advantage of arbitration is that parties have the ability to choose their own…

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Annet van Hooft  (Bird&Bird) , Jean-François Tossens  (Tossens Goldman Gonne)
The Contents of b-Arbitra, Issue 2018-1
September 26, 2018

We are pleased to present you with this new issue of b-Arbitra, which is once more filled with thought provoking articles and new developments. This issue is published as part of our cooperation…

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Mikhail Samoylov  (Egorov Puginsky Afanasiev & Partners)
The Material Scope of the 1958 New York Convention: Russian Courts Make It Broader
September 25, 2018

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) has its own scope - it states that it “shall apply to the recognition and enforcement of arbitral…

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Zachary Krug , Helena Eatock  (Woodsford Litigation Funding)
Snapshot on Litigation Finance in Latin America
September 24, 2018

Litigation finance continues expand rapidly on a global basis, including in Latin America. The region’s code-based civil systems generally permit litigation funding and the continued growth in…

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Marlon Meza-Salas  (DLA Piper)
Confidentiality in International Commercial Arbitration: Truth or Fiction?
September 23, 2018

Confidentiality is usually mentioned among the advantages of international commercial arbitration (ICA). The thought that confidentiality is an innate attribute, seems to be an attractiveness…

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Kateryna Shokalo  (Asters)
Arbitration Reform in Ukraine in Action: First Results
September 22, 2018

On 15 December 2017, the renewed Supreme Court was launched in Ukraine, which triggered the entry into force of the new amendments of, inter alia, Civil and Commercial Procedure Codes. Within this…

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Ramandeep Kaur  (Joseph Tan Jude Benny LLP)
Can Directors Rely on their Companies’ Arbitration Agreements?
September 21, 2018

Joint venture agreements increasingly provide for arbitration, allowing the JV partners to resolve matters privately.  Where a director of a JV company (or JV partners) is sued in his capacity as a…

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Siddharth Ratho  (Nishith Desai) , Tanisha Khanna  (Nishith Desai)
Supreme Court of India ‘Rules Out’ the Rulebook in Favor of Substantive Rights
September 21, 2018

A mandatory legal provision is one that a party has no choice but to obey, whereas a directory provision is one which the party is encouraged to obey. In other words, a mandatory provision must be…

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Luke Nottage  (University of Sydney & Williams Trade Law) , Nobumichi Teramura  (Universiti Brunei Darussalam & University of Sydney)
Australia’s (In)Capacity in International Commercial Arbitration
September 20, 2018

With some fanfare, on the sidelines of the ICCA Congress hosted in Sydney over 15-18 April, the Australian Trade and Investment Commission (Austrade) unveiled a glossy brochure entitled “Australia’s…

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