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Michael McIlwrath (MDisputes)
Negotiation in International Arbitration: Call for Papers
May 07, 2014

Praying you'll get a good tribunal?Critical negotiation moments punctuate the entire timeline of an international arbitration, from before it starts to even after it is over. And when these moments…

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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
Belgrade Arbitration Center adopts BAC Rules
May 06, 2014

2013 saw the establishment of Serbia’s first arbitration institution which is not affiliated to the State – Belgrade Arbitration Center (BAC), created under the auspices of the Serbian Arbitration…

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Valentina Faienza (International Council for Commercial Arbitration)
The Choice of the Language of the Proceedings: An Underestimated Aspect of the Arbitration?
May 06, 2014

The very nature of international arbitration entails parties, arbitrators and any other participant in the arbitral proceedings generally being of different nationalities and speaking different…

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Deyan Draguiev (Colibra Insurance)
Exorbitant Jurisdiction in the Enforcement of Arbitral Awards. Some Limits: Yukos Capital v. Tomskneft
May 05, 2014

Exorbitant jurisdiction is generally described as comprising domestic courts’ powers in cross-border litigation to assume jurisdiction based on a very thin (although in the courts’ view sufficient…

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Barbara Warwas (The Hague University)
The European Parliament (Brunel) Survey of Arbitration Practitioners Closes at Midnight (UK time), May 5th
May 03, 2014

This post is just a quick reminder about the European Parliament survey of arbitration practitioners that is currently undertaken by a team at the Brunel Center for the Study of Arbitration and Cross…

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Justin D'Agostino (Herbert Smith Freehills) for HSF Kramer
The Aftermath of the CIETAC Split: Two years on, lower courts take clashing views on arbitration agreements and awards– but higher courts strive for consistency
May 02, 2014

By Justin D'Agostino, Jessica Booth and Tracy Wu, Herbert Smith Freehills Ever since the internal fight between CIETAC (Beijing) and its Shanghai and Shenzhen sub-commissions became public in May…

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Deepu Jojo Sushama (Association for International Arbitration)
Appellate Structure and Need for Legal Certainty in Investment Arbitration
May 01, 2014

Stare decisis is Latin for "to stand by things decided”. This is also a doctrine which is frequently used by courts which decides to abide by a point of law which was previously held by a court of…

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Olivier van der Haegen (Linklaters)
Belgium in the spotlight
April 30, 2014

During past months, the Belgian arbitration community has been very active in promoting its country and Brussels in particular, as a major international arbitration centre. 2013 and 2014 are indeed…

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Curtis J. Mahoney (Williams & Connolly LLP)
Dealing with “Known Unknowns” in Document Exchange: A Comment on the ICCA Congress Session on Early Stages of the Arbitral Process
April 29, 2014

Former U.S. Defense Secretary Donald Rumsfeld famously introduced into the American lexicon the oxymoronic concept of the “known unknown”—“that is to say we know there are some things we do not know…

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Gordon Blanke (Blanke Arbitration LLC)
Dubai Court of Appeal confirms time extension provisions under the DIAC Rules and other pro-arbitration dicta
April 28, 2014

In an encouraging ruling of earlier this year (see Case No. 249 of 2013 – Middle East Foundations LLC v. Meydan Group LLC (formerly Meydan LLC), Commercial Appeal, ruling of the Dubai Court of Appeal…

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