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Stavros Brekoulakis , Mary Mitsi  (Queen Mary University of London) , Ahmed El Far  (Three Crowns)
Arbitral Decision-Making: An Issue of Consistency and a Response to Bias
June 12, 2018

Consistent decision-making has been an ongoing concern in the way arbitrators approach the issue of treaty shopping and indirect expropriation. The article of Ozlem Susler and Therese Wilson, “…

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Brian Canada  (Illustrategy, LLC and University of South Carolina Beaufort) , Debi Slate , Bill Slate  (Dispute Resolution Data, LLC)
A Data-Driven Exploration of Arbitration as a Settlement Tool: Does Reality Match Perception?
June 11, 2018

Arbitration as a Settlement Tool: Costly and Slow? As an alternative dispute resolution (ADR) mechanism, arbitration is not without its critics, particularly when it comes to time and money spent.…

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David Hesse  (Clyde & Co.)
The Seat of Arbitration is Important. It's That Simple.
June 10, 2018

The seat of arbitration is a vital aspect of any arbitration proceeding. The situs is not just about where an institution is based, where hearings will be held or where there may be a good pool of…

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Deyan Draguiev  (Colibra Insurance)
A Procedural Perspective of Achmea: What Does Achmea Imply in Practice
June 10, 2018

Considering what the Court of Justice of the European Union (“ECJ”) said in its Judgment of 6 March 2018, under Case C‑284/16, widely known as the “Achmea judgment” (“Achmea”), one begs the question…

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Colin Trehearne  (Herbert Smith Freehills)
Transparency, Legitimacy, and Investor-State Dispute Settlement: What Can We Learn from the Streaming of Hearings?
June 09, 2018

[I]t is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.  If you sought to distil […

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Maja Stanivukovic  (University of Novi Sad)
Irreparable or Near-Irreparable Harm that Can Result from Non-Enforceability of Judgments
June 08, 2018

Enforcement for some may be a chimera, an overrated factor in choosing the dispute resolution methods.  Yet, efforts that have been invested in enforcement of judgments within the Hague…

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Joseph Onele  (The University of Adelaide)
Third Party Funding for Arbitration in Nigeria: Yea or Nay?
June 07, 2018

Introduction   It is no longer news that Third-Party-Funding (TPF) has captured the attention of the arbitration community in recent times and has become increasingly popular even in…

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Gordon Blanke  (Blanke Arbitration LLC)
UAE Federal Arbitration Law Adopted at Long Last: All Well that Ends Well?
June 06, 2018

The adoption of the UAE Federal Arbitration Law  has kept the specialist arbitration profession in the waiting for the better part of a decade. It was finally adopted earlier this week, to the great…

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Carmine A. Pascuzzo S.  (ADM & Asociados )
A One-Two Punch to the Kompetenz-Kompetenz Principle in Venezuela
June 05, 2018

This post focuses on two decisions issued by the Venezuelan Supreme Court of Justice in the Corporación LSR case. The decisions constitute an unexpected change in the approach of the Supreme Court…

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Peter Hirst  (Clyde & Co.)
Do Arbitration Users Really Value Finality?
June 04, 2018

Two recent pieces of recent research raise the question of whether arbitration users really value finality in arbitration or take it for granted. Is it time (again) to discuss whether s69 Arbitration…

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