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Guido Tawil (M. & M. Bomchil Abogados)
The unwitting victims of arbitration´s success
December 29, 2011

As a university professor and a member of one of the last generations of arbitrators not initially trained in this field (in my case, coming from administrative law), I have been wondering for some…

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Michael McIlwrath (MDisputes)
Anti-Arbitration: Would You Prefer a Harmonized Approach or a Just a Better One?
December 22, 2011

Conventional wisdom holds that one of the virtues of international arbitration is the ability to blend divergent procedures, generally referring to civil and common law traditions. The IBA Rules of…

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Christopher R. Drahozal (The University of Kansas School of Law) for Institute for Transnational Arbitration (ITA)
Judge-Arbitrators in Delaware
December 20, 2011

It is not unusual for retired judges to serve as arbitrators. But what about sitting judges? A number of European countries permit sitting judges to serve as arbitrators. See Gary B. Born,…

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Andrew Newcombe (University of Victoria Faculty of Law)
Mass claims and the distinction between jurisdiction and admissibility (Part II)
December 16, 2011

With the release of the Dissenting Opinion in Abaclat v. Agentina, we now have the benefit of a forceful critique of the majority’s decision that the Abaclat Tribunal has jurisdiction to hear the…

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Annalise Nelson
The “99%” take on investment tribunals
December 15, 2011

As World Bank protests go, today’s was a pretty mild one. This afternoon, a group of labor and environmental activists huddled outside World Bank headquarters in DC to protest the on-going Pacific…

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Justin D'Agostino (Herbert Smith Freehills) for HSF Kramer
Hong Kong's arbitration year in review: a Christmas blog
December 14, 2011

2011 has delivered some significant arbitration developments in Hong Kong, most of which (with some exceptions!) have been undoubtedly positive. So, what were the highlights of the Hong Kong…

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Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)
Swiss Federal Supreme Court provides guidance on rules of State immunity applicable to enforcement of ICSID awards
December 13, 2011

and Sandrine Giroud, Lalive In a decision issued on 23 November 2011, the Swiss Federal Supreme Court gave some welcome guidance on the rules of immunity applicable to the enforcement of ICSID awards…

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Jean Kalicki (Independent Arbitrator)
Reflections on the LCIA Arbitrator Challenge Digests
December 12, 2011

The recently published abstracts of LCIA Court decisions on arbitrator challenges between 1996 and 2010 (Arbitration International, vol. 27, no. 3, 2011) make surprisingly interesting reading. They…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
David J. Bederman (1961-2011)
December 07, 2011

My friend David Bederman, the K.H. Gyr Professor in Private International Law at Emory Law School, has passed away. Emory Law School has offered kind remarks of his passing here, and here, and others…

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Elvira R. Gadelshina (Khrenov & Partners)
Major Pitfalls for Foreign Investors in Russia: What Are Russian BITs Worth?
December 01, 2011

Over the past few months, Russia’s outgoing Prime Minister Vladimir Putin has been busy campaigning for foreign investment into various industries of the Russian economy. In a nutshell, the thinking…

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