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Tamar Meshel (University of Alberta Faculty of Law)
Metal-Tech Ltd. v. Republic of Uzbekistan – Is Really No One Getting Punished?
January 03, 2014

On 4 October 2013, an ICSID tribunal rendered its decision in the investment treaty dispute between the Israeli company Metal-Tech Ltd. and Uzbekistan. In the award, the tribunal found that it lacked…

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Nicholas Fletcher (Berwin Leighton Paisner LLP)
Primera v Jiangsu - Challenging an Award on the Ground of Serious Irregularity: English Courts Criticise Attempts to Nitpick an Award
January 02, 2014

and Nikki O'Sullivan, Senior Associate at Berwin Leighton Paisner LLP In a recent decision of the English Commercial Court, Flaux J restated the general principle that the focus of an enquiry under…

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Luke Eric Peterson (Investment Arbitration Reporter)
U.S. Department of Justice says that arbitration lawyer can pay medical costs of foreign gov't official's daughter without fearing Foreign Corrupt Practices Act prosecution
December 28, 2013

By Luke Eric Peterson There's perennial discussion in the arbitration world as to the definition and legal implications of corruption in the context of international arbitration - including for…

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Tamar Meshel (University of Alberta Faculty of Law)
Having Your Cake And Eating It Too? - Israeli Court Stays Proceedings Against A Non-signatory To A Contract Containing An Arbitration Clause
December 27, 2013

In the recent decision of the Tel-Aviv District Court in S. Elia Holdings Ltd. and Arie Shasha v. Ron Itzhaky, the plaintiffs were effectively estopped from bringing claims against a non-signatory…

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Naomi Lisney (Herbert Smith Freehills LLP) for HSF Kramer
Arbitration: An Effective Tool for Resolving Investor-State Disputes in the Extractive Industries?
December 24, 2013

London-based think-tank Chatham House is predicting an increase in the number of arbitrations between governments and companies in the extractive industries. Commercial stakes being particularly high…

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Justin D'Agostino (Herbert Smith Freehills) for HSF Kramer
Hong Kong Court of Final Appeal confirms robust approach to costs in unsuccessful set aside applications
December 23, 2013

By Justin D’Agostino and Yi-Shun Teoh In the latest instalment of Pacific China Holdings Ltd (in Liquidation) v Grand Pacific Holdings Ltd, the Hong Kong Court of Final Appeal has confirmed that…

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Yaroslav Petrov (Asters)
Is There A Place for Arbitrariness in Recognition and Enforcement of International Commercial Arbitration Awards?
December 19, 2013

and Anna Tkachova, Asters Court practice shows that sometimes while considering applications on recognition and enforcement of foreign arbitration awards, Ukrainian courts apply Ukrainian legislation…

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Felipe Sperandio (Clyde & Co. LLP) for Clyde & Co.
Kompetenz-Kompetenz in Brazil: alive and kicking
December 10, 2013

The Brazilian Superior Court of Justice ("STJ") has issued, on 19 June 2013, a landmark decision addressing the principle of Kompetenz-Kompetenz (Resp. no. 1,278,852-MG Samarco Mineração S/A v Jerson…

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Laurence Burger (Perréard de Boccard)
The Commission’s factsheets: a declaration of faith in the EU BITs world?
December 09, 2013

Last year at about the same period, I reported on two major events that had been taking place in the world of Intra- and Extra-EU BITs, the Regulation establishing transitional arrangements for…

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Sapna Jhangiani KC (Advocate, Arbitrator and Mediator) for Clyde & Co.
Enforcement in China – What the Cases Show
December 06, 2013

and Matthew Lam, Partner, Clyde & Co As announced recently on this blog Chinese Court Decision Summaries on Arbitration, edited by WunschARB, were recently published by Kluwer Arbitration. The…

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