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5124 results available

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Phillip Capper (White & Case LLP) for White & Case
Declaratory award held enforceable by English court: a healthy move for arbitration?
January 27, 2012

Following the path of the hotly debated West Tankers decision, in African Fertilizers v BD Shipsnavo, the English Commercial Court held that a declaratory award is enforceable, allowing judgment to…

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Anthony Charlton (FTI Forensic and Litigation Consulting)
Discounted cash flows – Part 2, valuation and the financial crisis
January 26, 2012

This is the second article in a three-part series summarising the main valuation methodologies used for the purposes of determining economic loss. In part one, I provided an overview of the market-…

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Annalise Nelson
A judge by any other name? Arbitrator challenges in state-to-state disputes
January 23, 2012

What makes an international arbitrator different from a national judge? All of us in the arbitration world have a pretty solid answer to this question. At what point do the distinctions between an…

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Charles H. Brower II (Wayne State University) for Institute for Transnational Arbitration (ITA)
December Surprise: New Second Circuit Ruling on Forum Non Conveniens in Enforcement Proceedings
January 20, 2012

On December 14, the Second Circuit rendered its decision in Figueiredo Ferraz e Engenharia de Projecto Ltda. v. Republic of Peru, 2001 WL 6188497 (2d Cir. Dec. 14, 2011), which represents a…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
Kluwer Arbitration Blog Wins CPR Award
January 19, 2012

On behalf of the many contributors to this blog and the good folks at Kluwer Law International, I am pleased to announce that this blog has won CPR's 2011 award for best electronic media focused on…

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Daniella Strik (Linklaters)
Launch of P.R.I.M.E. Finance Arbitration Rules: dispute resolution in global financial markets
January 17, 2012

The P.R.I.M.E. Finance dispute resolution services and its Arbitration and Mediation Rules were launched at the opening conference of P.R.I.M.E. Finance in the Peace Palace in The Hague on 16 January…

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Georg von Segesser (von Segesser Law Offices)
CAS Code Amendments in force as from 01.01.2012 - CAS arbitrators selected more freely
January 17, 2012

At its session of 15 November 2011, the International Council of Arbitration for Sports (ICAS) amended Article 14 of the Statutes of the bodies working for the settlement of Sport-related Disputes (…

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Jean Kalicki (Independent Arbitrator)
Can States Assert Counterclaims Against Investors in BIT Proceedings?
January 16, 2012

The recent decision in Spyridon Roussalis v. Romania (ICSID Case No. ARB/06/1) is prompting renewed debate over whether ICSID arbitration, now the leading mechanism for investors to pursue treaty-…

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Justin D'Agostino (Herbert Smith Freehills) for HSF Kramer
Arb-med procedures and enforcement in Hong Kong: The crest of the waiver?
January 16, 2012

Last month's judgment of the Hong Kong Court of Appeal ("CA") in Gao Haiyan and Xie Heping v. Keeneye Holdings and another CACV 79/2011, is the latest in a long line of cases demonstrating the pro-…

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Merryl Lawry-White (Freshfields Bruckhaus Deringer LLP) for Freshfields Bruckhaus Deringer
Key Developments in Relation to Arbitration in Dubai
January 13, 2012

The International Bar Association annual conference in Dubai in November put the spotlight on the arbitral regime in Dubai. Several “hot topics” were discussed, including the possibility that counsel…

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