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Francesca Richmond (Baker & McKenzie) for YIAG
Arbitrating Competition Law Disputes: a matter of policy?
February 09, 2012

A commentary on the OECD Competition Commission conclusions on using arbitration to effectively resolve competition law disputes By Francesca Richmond and Sarah West There has been increasing use of…

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Karan Singh Tyagi (Gide Loyrette Nouel)
Carlyle leaves out mandatory arbitration clause in IPO
February 07, 2012

The Carlyle group today announced that it was withdrawing the mandatory arbitration clause that was included in its registration statement filed with the Securities and Exchange Commission (“SEC”),…

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Luke Eric Peterson (Investment Arbitration Reporter)
The Expanding Audience for Open Arbitration Hearings
February 06, 2012

It’s been nearly two months since public hearings concluded in an ICSID arbitration brought by a U.S. investor, Railroad Development Corporation, against the Republic of Guatemala. And it’s been…

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Stephan Balthasar (Linklaters)
Kingsbridge Capital Advisors v. AlixPartners: What Confidentiality in Arbitration?
February 03, 2012

Just a few weeks ago, an arbitral award made headlines in the German press: “Advisors in Märklin deal to pay multi-million euro fine”, “Märklin: advisors to pay damages”, “Märklin fallout: Former…

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Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)
A primer on pathological arbitration clauses in Swiss law
February 02, 2012

By Matthias Scherer and Sam Moss In a recent decision issued on 7 November 2011 on a request for annulment of a partial award on jurisdiction rendered by the Court of Arbitration for Sport (“TAS”),…

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Phillip Capper (White & Case LLP) for White & Case
Declaratory award held enforceable by English Court of Appeal: further support for reform of the Brussels Regulation
February 02, 2012

This is an update on the post of 27 January 2012 dealing with the African Fertilisers decision. Last week, the English Court of Appeal handed down its judgment in the latest episode of the West…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
Chevron Ecuador Dispute Heats Up
January 30, 2012

Last week was a blockbuster one in the ongoing battle between Chevron and Ecuador. On Wednesday, the arbitral tribunal adjudicating Chevron's BIT claim issued an Interim Award ordering Ecuador "to…

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J. Martin Hunter (Essex Court Chambers) for Institute for Transnational Arbitration (ITA)
Investor-State Arbitration and Plain Packaging: The New ‘Anti-Tobacco Movement’ Has Begun
January 29, 2012

In February 2010, Philip Morris International (PMI) filed a request for arbitration under the ICSID Convention against the Republic of Uruguay.   The claim relates to two pieces of legislation…

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Andrew Cannon (Herbert Smith Freehills LLP) for HSF Kramer
Appeals on a Point of Law in the English Courts: Further Restrictions
January 27, 2012

The judgment in the case of Mary Harvey v. Motor Insurer's Bureau (QBD (Merc) (Manchester), Claim No: 0MA40077, 21 December 2011) just before Christmas provided another opportunity for the English…

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Jean Kalicki (Independent Arbitrator)
The Unavoidability of Uncertainty: One Lesson from the Recent U.S. Court Ruling in Argentina v. BG Group
January 27, 2012

It has become fashionable in recent years, each time an ICSID annulment decision is released that takes issue with the procedures or reasoning of an ICSID tribunal, for commentators to bemoan the…

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