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5228 results available

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Rohit Bhat
Will India do away with investor state arbitration?
August 23, 2017

On 29th December 2016, the Government of India constituted a High-Level Committee under the Chairmanship of Mr. Justice B N Srikrishna, Retired Judge, Supreme Court of India. The Committee was…

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Kate Parlett (Twenty Essex), Sara Ewad (King's College London)
Protection of the Environment in Investment Arbitration – A Double-Edged Sword
August 22, 2017

The potential clash between protection of investors under investment treaties and protection of the environment has emerged in a number of recent arbitrations. More than 60 investment disputes filed…

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Ivaylo Dimitrov (Fieldfisher)
Legitimate Expectations in the Absence of Specific Commitments According to the Findings in Blusun v. Italy: Is there Inconsistency Among the Tribunals in the Solar Energy Cases?
August 18, 2017

Introduction The investment solar energy saga triggered by the regulatory reforms in the renewable energy undertaken by Spain and Italy is likely to be the new Black Swan in the investment…

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Maxi Scherer (ArbBoutique & Queen Mary University of London)
The Contents of Journal of International Arbitration, Volume 34, Issue 4, 2017
August 16, 2017

ARTICLES SECTION Christopher R. Seppälä, Why Finland should adopt the UNCITRAL Model Law on International Commercial Arbitration Abstract: This article describes why a small country like Finland,…

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Jason P. Minkin, Jonathan A. Cipriani (BatesCareyLLP)
Federal Court Enforces Foreign Arbitral Award Resolving Jones Act Seaman’s Personal Injury Claim
August 15, 2017

The U.S. District Court for the Western District of Washington has enforced a settlement between a Jones Act seaman and his employer for maintenance and cure payments, pursuant to the 1958 United…

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Richard Levin (Richard Levin Arbitration)
Privilege and International Arbitration
August 14, 2017

The law of privilege as relating to in-house counsel (especially in civil law jurisdictions) is indeed a controversial and much debated issue. Well-spoken advocates from the “internal” as well as “…

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Fernando Pérez-Lozada (Loopa Litigation Finance)
The Rise of a New Law to promote ADR Mechanisms in Mexico: Challenges and Opportunities
August 13, 2017

As a result of a reform of Mexico's Constitution, on 25 February 2017 a Presidential Decree was enacted, whereby the Congress received the mandate to pass a new law on Alternative Dispute Resolution…

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José Carlos Bernal Rivera (Guevara & Gutiérrez S.C.), Mauricio Viscarra Azuga
Life after ICSID: 10th anniversary of Bolivia’s withdrawal from ICSID
August 12, 2017

It has been ten years since Bolivia denounced the International Centre for Settlement of Investment Disputes Convention ("ICSID Convention"), becoming the first country to withdraw from the ICSID…

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Gordon Blanke (Blanke Arbitration LLC)
ICC Moves Offshore: Clash of the Titans?
August 11, 2017

According to a recent announcement, the International Chamber of Commerce (ICC) International Court of Arbitration is set to open a representative office in the Abu Dhabi Global Market (ADGM), a free…

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Tobias Gosch for Schoenherr
Another Win for European Commercial Agents: Overriding Mandatory Austrian Law Provisions to Supersede Arbitration Agreement
August 10, 2017

On 1 March 2017 the Austrian Supreme Court (Oberster Gerichtshof) ruled on whether potential claims under the Austrian Commercial Agents Act (Handelsvertretergesetz) can be brought before an Austrian…

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