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5125 results available

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Joel Richardson, Theodore Weisman (Kim & Chang)
Mason Capital and Elliott Associates Awards: Divergence in Approach But Convergence in Conclusion
September 26, 2024

On 11 April 2024, the Permanent Court of Arbitration published the award in Mason Capital L.P. and Mason Management LLC v. Republic of Korea (PCA Case No. 2018-55) (“Mason”), reaching the same…

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Almira Wissenberg
Navigating Disputes with Sanctioned Russian Parties: Key Solutions Offered by the Higher Regional Court of Berlin
September 25, 2024

In a decision of 1 June 2023 (Case No. 12 SchH 5/22) that was praised as landmark, the Higher Regional Court of Berlin (Kammergericht) (“KG”) addressed some of the legal issues arising from the…

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Dina Prokic (Woods LLP)
Interview with Our Editors: In Conversation with Prof. Dr. Stefan Kröll, Co-Director of the Willem C. Vis International Commercial Arbitration Moot
September 24, 2024

Many arbitration practitioners nowadays trace their initial interest in arbitration back to their student days, when they competed at the world’s largest and most renowned law student competition in…

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Filipe Vaz Pinto, Joana Granadeiro (Morais Leitão)
The Sustainable Investment Facilitation Agreement Between the EU and Angola: A New Model for Investment Agreements?
September 23, 2024

Early this year, the European Union (“EU”) finalized the required internal procedures for the entry into force of the Sustainable Investment Facilitation Agreement concluded between the European…

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Stefanie Pfisterer, Richard G. Allemann (Homburger)
No Post-Award Duty of Independence and Impartiality: Proving Arbitrator Bias in Revision Proceedings Before the Swiss Federal Supreme Court
September 20, 2024

On 11 June 2024, the Swiss Federal Supreme Court (the “Court”) rendered another pair of decisions in the high-stakes arbitration saga Crescent Petroleum Co. International Ltd. ("Crescent") v.…

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Vanessa Zimmermann de Meireles, Tim Rauschning (Luther)
Was It Worth the Wait? The Proposed Revision of the 1998 German Arbitration Law
September 19, 2024

On 12 July 2024, more than 25 years after adopting its current arbitration law, the German government agreed on a draft reform law (“Draft Law”). It is based on a White Paper issued in April 2023 (…

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Kiran Nasir Gore (Law Offices of Kiran N Gore PLLC; The George Washington University Law School), Joshua Karton (Queen's University Faculty of Law)
New White Paper Now Available: Checking the Boxes: Confidentiality and Data Protection in International Arbitration
September 18, 2024

In the era of ‘big data,’ a term that undoubtedly describes the large and complex datasets that businesses generate and exchange, it is increasingly complex for international businesses to navigate…

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Ekta Tyagi, Anjali Shah (DSK Legal)
Arbitrator’s Bias as a Ground for Challenging a Foreign Award: The Indian Perspective
September 17, 2024

In the last decade, India has emerged as a prominent pro-arbitration jurisdiction owing to several factors including legislative changes to the Arbitration and Conciliation Act, 1996 (“Arbitration…

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Jonathon Redwood (Twenty Essex and Banco Chambers), Boxun Yin (Banco Chambers)
Tesseract and Choice of Law in Arbitration under the Model Law: Beyond Proportionate Liability
September 16, 2024

On 7 August 2024, the High Court of Australia (“Court”) delivered judgment in the much-anticipated Tesseract International v Pascale Construction [2024] HCA 24 in which the Court held that…

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Luke Nottage (University of Sydney & Williams Trade Law)
Aggravating Australia’s Arbitration Ambivalence: Zeph’s ISDS Claims
September 15, 2024

On 4 August 2023, in an investor-State dispute settlement (“ISDS) arbitration commenced against Australia on 29 March 2023 under the Association of Southeast Asian Nations (“ASEAN”) Australia New…

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