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Georg von Segesser  (von Segesser Law Offices)
Formal requirements for witness testimony in arbitration proceedings in Switzerland
August 12, 2011

The High Court of the Canton of Zurich had to examine in a recent case whether the allegedly false testimony of a witness in arbitration proceedings was punishable under the Article 307 of the Swiss…

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Darius Chan  (Norton Rose Fulbright)
Options Available To An Unsuccessful Party In An Arbitration
August 12, 2011

In Galsworthy Ltd of the Republic of Liberia v Glory of Wealth Shipping Pte Ltd [2010] SGHC 304 (“Galsworthy”), the Singapore High Court held that a losing party to an arbitration seeking to…

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Georg von Segesser  (von Segesser Law Offices)
The right to a tribunal appointed expert
August 09, 2011

In a decision dated 14 June 2011 and published on 7 July 2011, the Swiss Federal Supreme Court dismissed an appeal to set aside an arbitral award holding that the right to the appointment of an…

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Andrea Sturini
Emergency Arbitrators under the ACICA
August 04, 2011

The recent global financial crisis has had a significant effect on the types of disputes submitted to arbitration in the major Asia-Pacific financial centres. Arbitration centres have responded with…

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Craig Tevendale  (Herbert Smith Freehills LLP)
Jivraj v. Hashwani- Arbitrators Are Not Employees for the Purposes of Employment Equality
July 29, 2011

The Supreme Court has arrived at what almost all arbitration practitioners and clients will view as the right result in the strange episode of Jivraj v Hashwani. The Supreme Court has unanimously…

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Mike McClure  (Herbert Smith Freehills LLP)
Most Favoured Nation Clauses – No favoured view on how they should be interpreted
July 25, 2011

The scope of Most Favoured Nation (MFN) clauses in bilateral investment treaties (BITs) has been a source of rich debate for many years. In sum, the debate centres around whether MFN "treatment"…

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Michael McIlwrath  (MDisputes)
Anti-Arbitration: Answers to the Summer Quiz!
July 22, 2011

Last week’s summer quiz on international arbitration and mediation provoked a happy flurry of answers from around the world from a broad range of practitioners. Before we get to the answers, here are…

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Roger Alford  (Notre Dame Law School; U.S. Department of Justice)
Less is More?
July 18, 2011

Toby Landau gave the keynote address at the recent ITA Workshop in Dallas and, as always, he was entertaining and provocative. One of the central themes of his discussion was how arbitration counsel…

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Michael McIlwrath  (MDisputes)
Anti-Arbitration: The Summer Quiz!
July 15, 2011

If you live or work somewhere in the northern half of the planet, odds are that at some point this summer you’ll find yourself on a beach, cityscape, mountain, or other scenic destination surrounded…

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Laurence Burger  (Perréard de Boccard)
Sports Arbitration and Due Process: The Sequel
July 13, 2011

In a post dated March 2, 2011, I reported about a Swiss Supreme Court decision of February 20, 2009 where the Supreme Court had confirmed a CAS award which deemed an appeal withdrawn after the…

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