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Ibrahim Shehata (Shehata & Partners, Maastricht University)
Arbitration of Smart Contracts Part 3 - Issues to Consider When Choosing Arbitration to Resolve Smart Contracts Disputes
August 30, 2018

This post, which continues the topic considered here and here, discusses the main issues to consider when choosing arbitration to resolve smart contracts disputes, and lists a number of red flags…

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Giorgio Sassine (Musick, Peeler & Garrett LLP)
Eureka! Foreign Attorneys Can Now Participate in California-seated Arbitrations
August 29, 2018

“Why don’t you go on west to California? There’s work there, and it never gets cold. Why, you can reach out anywhere and pick an orange.  Why, there’s always some kind of crop to work in. Why don’t…

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Thomas R. Snider (Al Tamimi & Company)
HEPI v. India: Stay Denied but Public Policy Prevents Enforcement
August 28, 2018

In Hardy Exploration & Production (India), Inc. v. Government of India, Ministry of Petroleum & Natural Gas, Civ. Action No. 16-140 (D.D.C. 7 June 2018), the U.S. District Court for the…

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Ibrahim Shehata (Shehata & Partners, Maastricht University)
Arbitration of Smart Contracts Part 2 - Recommendations for the Future Landscape of Smart Contracts
August 27, 2018

Following up on a previous post, this post provides a number of recommendations for the future landscape of smart contracts. (1) Un-Anonymizing the Identity of the Parties to Smart Contracts: From a…

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Helen H. Shi (Fangda Partners) for HK45
Have PRC Courts Ordered Interim Relief Measures in Support of HKIAC Arbitrations without an Express Legal Basis: What Lies Ahead?
August 26, 2018

Under the current Chinese legal framework, while PRC Courts are granted exclusive power to grant interim relief measures in support of arbitration [fn] Chinese courts are granted the exclusive power…

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Michael Pryles, Imogen Kenny (Herbert Smith Freehills LLP)
Confidentiality in International Commercial Arbitration: Does Australia Meet International Expectations?
August 25, 2018

Australia has been known for taking a somewhat controversial approach to the confidentiality of arbitral proceedings. However, the legislature, to the international arbitration community’s sigh of…

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María Inés Corrá (M & M Bomchil)
Reinforcing the Arbitration Path in Latin America: Argentina Adopted an International Commercial Arbitration Act
August 24, 2018

In what should be deemed as an authentic legislative milestone, on July 4, 2018 the Argentine House of Representatives approved the International Commercial Arbitration bill (previously passed by the…

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Ibrahim Shehata (Shehata & Partners, Maastricht University)
Arbitration of Smart Contracts Part 1 - Introduction to Smart Contracts
August 23, 2018

As described by Max I. Raskin, a blockchain is simply a decentralized ledger for recording digital data in a verified time-stamped manner without the need for a trusted third party. Blockchain…

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Marike R. P. Paulsson (Albright StoneBridge Group)
Commercial Diplomacy as a Ways Forward to Resolving Disputes When They Arise in International Trade
August 22, 2018

In the world of International Arbitration (“IA”), one distinguishes between commercial arbitration and investment arbitration, the latter widely referred to as Investor-State Dispute Settlement or…

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Gelila Haile (Aman Assefa & Associates Law Office)
Lack of Arbitrators’ Power to Decide on the Validity of an Arbitral Submission – The Case of Ethiopia
August 21, 2018

Arbitration is one of the preferred modes of private dispute settlement. Off its several traits, the cornerstone is the fact that it is based primarily on party autonomy and enables the parties to…

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