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5131 results available

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Marike R. P. Paulsson (Albright StoneBridge Group)
Enforcement of Annulled Awards: A Restatement for the New York Convention?
December 21, 2017

On the 24th of November, the Supreme Court of The Netherlands issued a judgment pertaining to the request for enforcement of an award annulled at the seat, Russia. The Supreme Court applied Article V…

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Wasiq Abass Dar (Central European University, Budapest)
Has the Public Policy Exception Returned to Haunt Indian Courts?
December 20, 2017

On 1 November 2017, a division bench of the Supreme Court of India (hereinafter SCI) referred the matter between Venture Global Engineering LLC and Tech Mahindra Ltd. to a larger bench, in view of…

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Wei Sun (Zhong Lun Law Firm)
Recent Development of Ad hoc Arbitration in China: SPC Guidance and Hengqin Rules
December 19, 2017

On 30 December 2016, the Supreme People’s Court of China (“SPC”) released Opinion on Providing Judicial Protection for the Development of the Pilot Free-Trade Zones (“Opinion”), which was regarded as…

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Gordon Blanke (Blanke Arbitration LLC)
The DIFC Courts as a Conduit: Saving Grace or Just a Lifeline?
December 18, 2017

A recent decision of the Dubai-DIFC Judicial Tribunal (the "JT") (see Cassation No. 6/2017 (JT) – Assas Investments Limited v. Fius Capital Limited) – even though not quite a saving grace – appears…

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Hongjoong (Paul) Kim, Sejin Kim (Bae, Kim & Lee LLC) for Bae, Kim & Lee LLC
Korean Government’s Vigorous Move to Nurture Arbitration “Industry”
December 17, 2017

Arbitration Industry Promotion Act of Korea In South Korea, the Arbitration Industry Promotion Act (“Promotion Act”), which was enacted on 27 December 2016, finally took effect on 28 August 2017. The…

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Daniela Páez-Salgado (Herbert Smith Freehills Kramer LLP)
Four Key Takeaways of the Decision in Bear Creek Mining Corp v Republic of Peru
December 16, 2017

The latest decision in Bear Creek Mining Corp v Republic of Peru (ICSID Case No. ARB/14/21) presents some interesting takeaways for international investment arbitration case law.  This note briefly…

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Hannepes Taychayev (Rabobank)
Law of Foreign Arbitration in Turkmenistan: An Introduction
December 15, 2017

The specter of communism that was once lingering over the Europe has long faded away, and the alliance, one of the biggest socialist experiments in the history of mankind, that stood to safeguard and…

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Ricardo Aprigliano (Demarest Advogados), Fábio Cavalcante (Aprigliano Advogados)
The Arbitrability of Oil & Gas Disputes under Brazilian Law
December 14, 2017

There is no doubt that Brazil is recognized world-wide as one of the most pro-arbitration nations. Brazilian law regulating arbitration is quite innovative, especially after its reform in 2015, which…

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David Bastian (Suffolk University Law School)
Does The Enforcement Of Annulled Foreign Arbitral Awards In The United States Come Down To Normative Judgments?
December 13, 2017

Several recent circuit-level decisions have shown that U.S. courts are willing to review a foreign court’s annulment of an arbitration award to determine whether the annulment conflicts with U.S.…

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Marc Krestin (Fieldfisher), Rebecca Mulder (Linklaters) for Linklaters
Third-Party Funding In International Arbitration: To Regulate Or Not To Regulate?
December 12, 2017

On 1 September 2017, the ICCA QMUL Task Force on Third-Party Funding published its Draft Report for Public Discussion on Third-Party Funding in International Arbitration. The Task Force has developed…

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