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Stefan Dudas (University of Vienna, Faculty of Law, Section for International Law and International Relations )
Bilcon of Delaware et. al v. Canada: A Story About Legitimate Expectations and Broken Promises
September 11, 2015

It comes as no surprise to those familiar with investment treaty law to see the concept of legitimate expectations continuously refined by case law. One of the facets of legitimate expectations,…

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Michael McIlwrath (MDisputes)
40 Years of International Arbitration in Vienna
September 10, 2015

The Vienna International Arbitration Centre turns 40 today. VIAC was created four decades ago to serve the needs of users engaged in commerce between East and West countries. Parties were facing…

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Deyan Draguiev (Colibra Insurance)
Arbitration vs Litigation in Financial Agreements: A Policy Perspective
September 10, 2015

Choice of dispute resolution mechanism is crucial in drafting and negotiation of financial transactions. Usually lenders insist on having their preference inserted into the financial agreement and…

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Xi Lin, Hu Ke (Jingtian & Gongcheng) for YSIAC
Chinese Law or No Law: The Lex Arbitri for Arbitrations Conducted by Overseas Arbitration Institutions in Mainland China
September 09, 2015

Longlide, Shenhua Coal and the issue ahead In a case regarded by many as a “milestone” for arbitration in China, Longlide Packing and Printing Co. Ltd. v. BP Agnati S.r.l (hereinafter “Longlide”) (…

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Esmé Shirlow (Australian National University)
Reviewing Australia’s Approach to the Negotiation of Trade and Investment Treaties
September 08, 2015

The Report from the inquiry of the Australian Senate’s Foreign Affairs, Defence and Trade References Committee into Australian treaty-making practices comes at a time when increasing pressure is…

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Anonymous
Registration Opens for Kluwer Arbitration London Event on October 14, 2015
September 07, 2015

We are delighted to announce that Wolters Kluwer’s 2nd arbitration event, Kluwer Arbitration London, is now open for registration. The half-day (morning) event, taking pace at the Hotel Novotel…

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Gordon Blanke (Blanke Arbitration LLC)
Host jurisdiction status of DIFC Courts not contrary to UAE public policy
September 05, 2015

A recent ruling of the Dubai International Financial Centre (DIFC) Court of First Instance (see Case No. XX - (1) X1 (2) X2 v. (1) Y1 (2) Y2, ruling of the DIFC Court of First Instance of 29 July…

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Olga Boltenko (Fangda Partners)
Enforcement of Treaty Awards against Russia in Asia: A Safe Haven for Russian Assets?
September 03, 2015

In recent years, Russia has become a frequent respondent in investment treaty matters. This is a new development. There are currently at least ten treaty claims pending against Russia, with a number…

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Jorun Katharina Baumgartner (University of Lausanne, Switzerland)
Treaty Shopping by Dual Nationals Through the Use of Interposed Corporate Entities
September 02, 2015

Treaty shopping, also called corporate (re-)structuring, is most often associated with legal persons, in particular mailbox companies. Much discussed in this respect is the practice of “round-…

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Remy Gerbay (General Editor, Journal of International Arbitration; Hexagon Advocates LLP)
The LCIA’s New Guidance Notes – An (uneasy) Exercise in Relative Normativity
September 01, 2015

Background At the end of June 2015, the London Court of International Arbitration issued three new guidance notes to accompany its 2014 arbitration rules. The guidance notes, entitled: “Notes for…

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