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Li Haifeng (Baker McKenzie FenXun)
Delhi High Court Rejects Arguments against Enforcement Based on CIETAC Split
October 03, 2018

Background on CIETAC Split Up until May 1, 2012 CIETAC had a branch in Shanghai named CIETAC Shanghai Sub-commission (the "Old Sub-commission"). This Old Sub-commission used the same CIETAC…

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Anna Howard (Centre for Commercial Law Studies, Queen Mary University of London)
Kluwer Mediation Blog – August & September Digest
October 02, 2018

“In every negotiation the most important work is done by those in the shadows.” Ian Wishart, as quoted by Bill Marsh in “Personal Connections.” August and September offered a particularly varied and…

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Simon Bianchi (LALIVE) for Young ICCA
FIFA Ban on Third-Party Ownership: A Pyrrhic Victory for FIFA in Front of the Swiss Federal Supreme Court?
October 01, 2018

Over the last few years, third-party ownership of soccer players ("TPO") has become controversial. TPO is a mechanism through which a soccer club assigns a player's economic rights, including the…

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Aman Deep Borthakur for Young ICCA
State Courts and BIT Arbitrations: Cautious Optimism in the Vodafone v. India Saga?
October 01, 2018

A key issue that has assumed importance in BIT arbitrations today is the role of state courts vis-à-vis investment tribunals. Two aspects of this issue become particularly relevant when courts are…

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Li Huanzhi (Anli Partners)
China’s International Commercial Court: A Strong Competitor to Arbitration?
September 30, 2018

In June 2018, China launched its first and second International Commercial Courts (the “CICC”). The advent of them represents a prolonged attempt of China to upgrade its judicial system by…

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Courtney Kirkman Gucuk, Can Talaz (Çakmak Avukatlık Ortaklığı)
Turkey’s Court of Cassation Refuses to Enforce an Arbitration Clause in English Based on a Turkish Language Requirement
September 29, 2018

In a recent decision, Turkey’s Court of Cassation refused to enforce an arbitration clause in an English language contract between a Turkish party and a foreign party based on Turkey’s national…

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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
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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