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5128 results available

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Henrik Fieber (Roschier)
Is the Arbitration Climate Becoming Tougher
June 29, 2012

Roschier’s recent market survey of corporate users in the Nordic region indicates that users perceive the dispute resolution climate as tougher than before, although no major or dramatic changes have…

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Darius Chan (Norton Rose Fulbright) for YSIAC
Sealing of Court Documents Relating to an Arbitration
June 27, 2012

Confidentiality is often a distinguishing reason why users choose arbitration over court litigation. In a 2010 International Arbitration Survey on Choices in International Arbitration, 62% of…

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Mike McClure (Herbert Smith Freehills LLP) for HSF Kramer
Enforcement of Arbitral Awards that have been Set Aside at the Seat: The Consistently Inconsistent Approach across Europe
June 26, 2012

One of the oft quoted advantages of arbitration is the perceived certainty that the national courts of New York Convention states should enforce an arbitral award unless one of the limited grounds…

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Jean Kalicki (Independent Arbitrator)
Institute for Transnational Arbitration: Call for Papers for 2d Annual Winter Forum, Miami, Jan. 24-25, 2013
June 25, 2012

The Executive Committee and Academic Council of the Institute for Transnational Arbitration (ITA) are proud to announce that the second annual ITA Winter Forum will take place in Miami on January 24-…

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David Gantz (University of Arizona James E. Rogers College of Law) for Institute for Transnational Arbitration (ITA)
Trans-Pacific Partnership Negotiations: Progress, but no End in Sight
June 22, 2012

The Obama Administration’s only current regional trade negotiations, the Trans-Pacific Partnership (TPP), continue slowly toward a possible conclusion in 2013, with 12 rounds of negotiations having…

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Neale Bergman (US Department of State)
Seeking to Ensure Transparency: UNCITRAL Working Group II’s Work on Transparency in Treaty-Based Investor State-Arbitration
June 19, 2012

On March 11, 2001, The New York Times published an article entitled “Nafta’s Powerful Little Secret; Obscure Tribunals Settle Disputes, but Go Too Far, Critics Say.” It began, ominously: “Their…

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Peter Winship (SMU Dedman School of Law) for Institute for Transnational Arbitration (ITA)
Arbitration of Maritime Disputes under the Rotterdam Rules
June 18, 2012

I was asked the other day whether I would recommend that the United States not only ratify the U.N. Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea—known as…

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Annalise Nelson
Between a sovereign and a hard place: enforcing arbitral awards against “independent” state entities in the U.S. courts
June 14, 2012

The United States Court of Appeals for the District of Columbia Circuit recently issued a decision that has some interesting implications for the enforcement of foreign arbitral awards in the U.S.…

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Diane A. Desierto (University of Notre Dame) for Institute for Transnational Arbitration (ITA)
Joint Decisions by State Parties: Fair Control of Tribunal Interpretations?
June 08, 2012

Investment treaty provisions that allow joint decisions by States Parties to override or control arbitral tribunals’ interpretations of investment treaty standards scarcely appear in international…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
The Self-Judging WTO Security Exception
June 07, 2012

I have just published an article in the Utah Law Review that I wanted to flag for our readers. For the international arbitration community the article is relevant because it compares and contrasts…

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