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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
State-to-State Arbitration at the Permanent Court of Arbitration
July 20, 2012

The Permanent Court of Arbitration (“PCA”) has played key role in the resolution of international disputes for well over a hundred years now. Over the past decade, however, the PCA’s importance and…

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Lisa Bench Nieuwveld (Conway & Partners)
The ICC will host its Seventh Annual Conference in September – to consider State-Related Arbitration Topics
July 16, 2012

On September 10, 2012, The International Chamber of Commerce (“ICC”) in New York will be hosting the seventh annual conference. Located in New York City, the ICC Conference will be looking at…

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Munir Maniruzzaman (University of Portsmouth) for Institute for Transnational Arbitration (ITA)
The Authority of a Truncated Arbitral Tribunal – Straight Path or Puzzle?
July 15, 2012

The situation of a truncated arbitral tribunal may be caused by various factors. It may arise when a three-member tribunal during the course of the arbitral proceedings and before the rendering of…

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Michael McIlwrath (MDisputes)
Anti-arbitration: problems and complaints answered here
July 12, 2012

Here are some recent issues colleagues or acquaintences tell me they are facing with international arbitration, without (or with slightly altered) information that might identify a particular…

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J. Martin Hunter (Essex Court Chambers) for Institute for Transnational Arbitration (ITA)
Plain Packaging and Expropriation
July 11, 2012

By Martin Hunter and Javier García Olmedo In a previous blog we discussed the concept of plain packaging of tobacco products and the pending investment arbitration claims brought by Philip Morris…

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Ricardo Dalmaso Marques (Pinheiro Neto Advogados)
The 'Kanematsu Case' in Light of the Brazilian Superior Court of Justice's Precedents
July 09, 2012

Ana Carolina Beneti Ricardo Dalmaso Marques (a) Introduction 1. The Brazilian Superior Court of Justice ("STJ") was called, in September 2010, to decide on a compelling matter: the possibility (or…

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Khalil Mechantaf (Mechantaf Law)
Public Policy in the UAE as a Ground for Refusing Recognition and Enforcement of Awards
July 06, 2012

As in most other jurisdictions, the violation of public policy in the UAE constitutes a ground for refusing the recognition of an arbitral award. Public policy is defined in Article 3 of the UAE…

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Olivier van der Haegen (Linklaters)
Two recent Belgian cases on the review of motivation of arbitral awards at the annulment and enforcement stages
July 06, 2012

On 13 January 2011, the Belgian Supreme Court (Cour de cassation/Hof van cassatie) ruled that an arbitral award could be set aside by a Belgian judge on the basis of a contradiction in the award’s…

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Brian A. White (King & Spalding)
Will the Eleventh Circuit Become a Magnet for Applications for Discovery in Aid of International Arbitrations Pursuant to 28 U.S.C. § 1782?
July 05, 2012

Last week, the U.S. Court of Appeals for the Eleventh Circuit, which sits in Atlanta, waded into the debate concerning whether 28 U.S.C. § 1782 -- which provides U.S. district courts with the power…

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Rodrigo Palacios (Astigarraga Davis)
The Eleventh Circuit Takes the Lead in Holding that a Private Commercial Arbitral Tribunal is a Foreign Tribunal under 28 U.S.C. § 1782
July 03, 2012

On June 25th, 2012 the United States Court of Appeals for the Eleventh Circuit, which covers all federal appeals emanating from the states of Florida, Georgia and Alabama, decided that a private…

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