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Kshama A. Loya, Vyapak Desai (Nishith Desai Associates)
In a first, English High Court sets aside Investment Treaty Award against Poland
April 11, 2018

On March 2, 2018, the England & Wales High Court (Court) for the first time set aside an investor-state arbitration award on jurisdiction (Award on Jurisdiction) passed against the Claimant in…

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Peter Nikitin
The CJEU’s Achmea Judgment: Getting Through the Five Stages of Grief
April 10, 2018

Many arbitration lawyers’ initial reaction to the CJEU’s Achmea judgment resembles the first three of the famous “five stages of grief” (denial, anger, bargaining, depression and acceptance). Some…

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Brian Kotick (Mannheimer Swartling)
The Swedish Government Revives Efforts to Modernise the Arbitration Act
April 09, 2018

After almost 20 years, the Swedish Arbitration Act (“SAA” or “Act”) may be getting a well-deserved face lift. In February 2014, the Swedish Government decided to take definitive steps to begin…

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Julián Bordacahar (Permanent Court of Arbitration)
The Rule of Law As Created by Arbitrators – An Update on the Discussions At The Recent IBA Arbitration Day in Buenos Aires
April 08, 2018

At a time when Argentina is looking to modernize its arbitration culture and attract foreign investment, the IBA Arbitration Day held in Buenos Aires could not have been more opportune.  Gathering…

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Lisa Beisteiner (Zeiler Floyd Zadkovich)
New Vienna Rules: Where do you stand on Security for Costs?
April 07, 2018

Since their inception in 1975, the Vienna Rules (Rules of Arbitration and Mediation of the Vienna International Arbitral Centre) have undergone a number of major reforms keeping them abreast of the…

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Noor Kadhim (Armstrong Teasdale)
Is Iraq Fully Open for Business? Not Yet, But Very Soon | Iraq Energy Conference 2018
April 07, 2018

  The 4th Iraq Energy Forum (IEF), coinciding with the 10th anniversary of the Iraq Energy Institute, took place this year on 28-29 March at the Rasheed Royal Tulip Hotel. Politically and…

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Ava Borrasso (Ava J Borrasso P.A.) for ArbitralWomen
U.S. District Courts Rule Consent Awards Fall Within New York Convention
April 06, 2018

The importance of memorializing a settlement agreement into a consent award was recently highlighted in Transocean Offshore Gulf of Guinea Vii v. Erin Energy Corp., Case No. H-17-2623 (S.D. Tex.…

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William W. Park (Boston University), Stavros Brekoulakis (Queen Mary University of London), Catherine A. Rogers (Bocconi University)
A Preview of the Forthcoming ICCA-Queen Mary Report on Third-Party Funding
April 05, 2018

As the three co-chairs of the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration, we are pleased to announce that the final Report will be launched at the ICCA Congress in…

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Ylli Dautaj (Durham Law School)
The Act is not the entire story: How to make sense of the U.S. Arbitration Act
April 04, 2018

The central point of this note is that the U.S. law of arbitration is not clear from the text of the Federal Arbitration Act (FAA). The FAA is archaic and in need of updating. The FAA is the oldest…

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Anna Howard (Centre for Commercial Law Studies, Queen Mary University of London)
Kluwer Mediation Blog – March Digest
April 03, 2018

“It turns out that the “little things” are in fact the “big things”. Forget to focus on them, and we are doomed to fail. Forget to value them, and we will find ourselves chasing shadows and…

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