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Paolo Di Rosa (Arnold & Porter LLP) for Institute for Transnational Arbitration (ITA)
The New 2012 U.S. Model BIT: Staying the Course
June 01, 2012

After a review process that lasted three years, expectations ran high for the revised model U.S. bilateral investment treaty (“BIT”), which was released last month. Stakeholders from many parts of…

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Aileen Truttmann (Schellenberg Wittmer) for Schellenberg Wittmer
Entry into force of the revised Swiss Rules of International Arbitration – 1 June 2012
June 01, 2012

The revised Swiss Rules of International Arbitration ("Swiss Rules") enter into force today, 1 June 2012. While some general background has been given elsewhere (see here), the following specific…

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Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)
Revised Swiss Rules of International Arbitration Enter Into Force
May 31, 2012

On 1 June 2012, the new revised version of the Swiss Rules of International Arbitration (“Swiss Rules”) will come into force.  According to Article 1.3, the new Rules will apply to all Swiss Rules…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
Plaintiffs Choose to Enforce Ecuadorian Judgment Against Chevron in Canada
May 31, 2012

The shoe has finally dropped. Ever since the Invictus Memo was released to the public we knew that the Ecuadorian Plaintiffs were considering twenty-seven different countries to enforce the $18.2…

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Karel Daele (Mishcon de Reya)
Africa’s track record in ICSID proceedings
May 30, 2012

On 18 April 2012, South Sudan signed and ratified the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ‘ICSID Convention’). In accordance…

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Francisco Málaga (Linklaters)
Arbitration in Spain: state of affairs
May 29, 2012

In recent decades, Spanish legislators have increasingly turned their attention to private arbitration. The Spanish Arbitration Act 1953, mainly dealing with civil actions, was replaced by the 1988…

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Alejandro I. Garcia (Herbert Smith Freehills LLP) for HSF Kramer
Scope of arbitration clauses and carve-out clauses: erring on the side of caution or on the side of daring?
May 25, 2012

In a judgment dated 25 April 2012 (Lombard North Central plc and another v GATX Corporation [2012] EWHC 1067 (Comm)), Judge Andrew Smith of the English High Court (Commercial Court) underlined the…

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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
Interpreting Section 9(1) of the Arbitration Act 1996: Lombard v GATX
May 24, 2012

A recent decision of the English Commercial Court (Lombard North Central plc & Anor v GATX Corporation [2012] EWHC 1067 (Comm)) has provided some insight and clarification into how the English…

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Darius Chan (Norton Rose Fulbright) for YSIAC
Enforcement of a judgment debt in the face of an arbitration agreement
May 23, 2012

A party who wishes to circumvent an arbitration agreement may sometimes proceed to obtain default judgment from a friendly court and then seek to enforce that judgment, under the common law, as a…

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Victor Ruiz (Von Wobeser y Sierra, S.C.)
Time For A Mexican "Procuración" To Litigate Its Arbitrations?
May 23, 2012

For almost 20 years, Mexico has been at the forefront of Latin-American arbitration practice. It has been widely recognized both in terms of the quality and sophistication of its practitioners, its…

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