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Mariana Cattel Alves (Atelier Juridico), Camila Tomimatsu
The Recent Amendments to the Brazilian Arbitration Act – One Step Back, Two Steps Forward?
June 30, 2015

On May 26, 2015, the law containing the amendments to the Brazilian Arbitration Act (BAA) was finally enacted (Law n. 13,129/2015), almost 20 years after the publication of the BAA. It will soon…

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Michael McIlwrath (MDisputes)
The Proposed Mediation Convention: UNCITRAL at a Crossroads in Vienna
June 28, 2015

Vienna can be a confounding place for an outsider. In one moment, the city projects itself confidently into an innovative, international future and yet in the next moment can appear irrevocably bound…

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Tomas Vail (Freshfields Bruckhaus Deringer LLP) for Institute for Transnational Arbitration (ITA)
Does The “Culture” Of International Arbitration Serve Its Users?
June 26, 2015

The 27th Annual Workshop of the Institute for Transnational Arbitration (“ITA”), which took place on June 17-18 in Dallas, Texas, examined  “Subconscious Influences in International Arbitration”. …

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Matt Marshall (Enyo Law LLP) for YIAG
Section 69 almost 20 years on....
June 24, 2015

When the English Arbitration Bill was being debated in early 1996, a controversial issue considered was whether to retain a right of appeal on a point of law. Contrary to a number of civil code…

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Hugo Garcia (Carmigniani Pérez Abogados)
The New General Organic Code of Processes: A Trojan Horse for Arbitration in Ecuador
June 24, 2015

  On May 22, the new General Organic Code of Processes (GOCP) was enacted (Official Register Supplement N. 506). Excluding constitutional, electoral and criminal matters, the GOCP will regulate…

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Jessica Withey (Clifford Chance LLP)
Arbitration 2015: The Best of Times or the Worst of Times? A Debate
June 22, 2015

This was the title of one of four sessions comprising the dispute resolution module held as part of the fifth Institute for Energy Law (IEL) and IBA Section on Energy, Environment, Natural Resources…

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Simon Lester (Cato Institute)
Debating ISDS
June 20, 2015

Thanks to the Kluwer Arbitration Blog editors for this chance to weigh in on the ISDS debate.  I have been a frequent critic of the existing ISDS system, but I take a different approach than many…

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Roberto Castro de Figueiredo
Amendments to the Brazilian Arbitration Law: Supplementary Arbitral Awards and Excess of Power
June 19, 2015

On 27 July 2015 the Bill amending to the Brazilian Arbitration Law will come into force, introducing significant changes in the arbitration legal framework, which, according to the stated purpose of…

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Kate Davies (Allen & Overy LLP) for YIAG
Is an arbitration agreement “null, void” or “inoperative” if it applies a foreign law which does not give effect to mandatory principles of EU law?
June 16, 2015

Accentuate Ltd v. ASIGRA Inc. [2009] EWHC 2655; Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch) In 2009, a senior libel judge sitting in the…

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Pedro Martini (University of California, Berkeley)
Brazil’s New Investment Treaties: Outside Looking … Out?
June 16, 2015

On May 26, 2015, Brazil signed its third investment treaty of 2015 with Mexico. Given the agreements previously signed with Angola and Mozambique, this certainly comes as a confirmation of a new…

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