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5129 results available

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Francisco Málaga (Linklaters)
Arbitration in Spain (II): the race to create a regional arbitration court for Latin America
November 28, 2012

A few months ago I wrote a post on this Blog about what I saw as “work left to do” in the Spanish arbitration system. I started with the need to build a regional court of arbitration on a par with…

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Stuart Dutson (Eversheds)
Arbitrating in China – What Interim Measures are Available from the Courts?
November 26, 2012

The recent revisions to the Chinese Civil Procedure Law (the “CPL”) made some significant amendments to the arbitration law in China. In particular, the new CPL for the first time provides for pre-…

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Darius Chan (Norton Rose Fulbright) for YSIAC
Recourse against an international arbitration award made in Singapore
November 23, 2012

In Astro Nusantara International BV v PT Ayunda Prima Mitra [2012] SGHC 212, the Singapore High Court set out the available recourse against an international arbitration award made in Singapore. This…

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Gordon Blanke (Blanke Arbitration LLC)
Dubai Court of Cassation confirms enforcement of foreign awards under New York Convention: The end of a beginning – Inshallah!
November 21, 2012

In a recent ruling of 18 October 2012, the Dubai Court of Cassation, the highest court in the Emirate of Dubai, against whose judgments lies no further appeal, confirmed the enforcement of a trilogy…

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Michael McIlwrath (MDisputes)
Arbitral Institutions and Party Expectations, Part I: We Need the Eggs
November 20, 2012

Arbitral institutions must feel at times like the psychiatrist in the joke from Annie Hall: A man goes to a psychiatrist and says, “my brother has a real problem. He thinks he’s a chicken.” The…

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Peter Bert (Taylor Wessing)
Arbitrator's Nightmare: When Procedural Orders Backfire – Flex-n-Gate v. GEA
November 20, 2012

It must be an arbitrator's nightmare: Imagine a high-stake arbitration that goes on for years, the entire distance, including witness hearings and expert evidence, only for the final award to be set…

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Nathan O'Malley (Conway & Partners)
Are Depositions Incompatible with International Arbitration?
November 19, 2012

Broadly defined, the word “deposition” refers to the taking of a “written record of a witness’s out-of-court testimony.” (Bryan A. Gardner, Black’s Law Dictionary, 8th edition , p. 472.) This general…

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Margaret Moses (Loyola University Chicago School of Law) for Institute for Transnational Arbitration (ITA)
Is Good Faith in the IBA Evidence Rules Good?
November 15, 2012

The addition of the good faith requirement to the 2010 IBA Rules on the Taking of Evidence in International Arbitration has been criticized in a recent law review article.  In Good Faith, Bad Faith,…

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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
Winner Pays: The Limits of Unconscionable Arbitration Agreements
November 13, 2012

In its important 2011 decision AT&T Mobility v. Concepcion, the United States Supreme Court sharply limited the grounds on which a court may invalidate an arbitration agreement. A recent ruling…

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Inna Uchkunova (International Moot Court Competition Association (IMCCA))
Where Both Worlds Meet: Contractual Waiver of Liability and the Contract-Treaty Divide
November 08, 2012

The problem of the law applicable to State contracts (i.e. contracts concluded between a foreign national and a State or a state entity) as well as the responsibility of States for the breach of…

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