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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
Bribery and an Arbitrator's Task
October 11, 2011

Adjudicating contract disputes where it is alleged that the contract has been tainted by bribery, either in its procurement or in its performance, presents difficult issues for arbitrators, as well…

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Richard Power (Clyde & Co.) for Clyde & Co.
Briefing note on ICC Rule changes
October 06, 2011

Amendment to the International Chamber of Commerce Rules of International Arbitration The International Chamber of Commerce has issued a revised set of rules for International Arbitration, due to…

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Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)
Arbitral Institutions under Scrutiny
October 05, 2011

The ASA seminar on “Arbitral Institutions under Scrutiny” on 9 September in Zurich yielded some interesting insight in the practice of arbitration institutions, and views of well-known practitioners…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
BIT Provisions That are Self-Executing But Do Not Confer a Private Right of Action
September 30, 2011

Luke Peterson passed along a tip about this interesting declaration attached to the U.S.-Rwanda Bilateral Investment Treaty: Articles 3 through 10 and other provisions that qualify or create…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
CIArb Publishes Cost Survey
September 29, 2011

The CIArb's Survey into the Costs of International Arbitration has now been published. It's a fascinating survey worthy of study and discussion. Here's a brief summary of some of the findings: "…

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Mike McClure (Herbert Smith Freehills LLP) for HSF Kramer
An unlikely mix – the Russian courts, a French cement company, and the 1961 European Convention on International Commercial Arbitration
September 28, 2011

In 1961, three years after the adoption of the New York Convention, the European Convention on International Commercial Arbitration was adopted in Geneva (the Geneva Convention). At the time, the…

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Salvador Fonseca (Chadbourne & Parke LLP) for Institute for Transnational Arbitration (ITA)
Arbitrations in the Freezer — Are Arbitrators expected to wait just like Penelope?
September 22, 2011

In keeping with the popular saying that ‘a bad settlement is better than a good lawsuit,’ it is not unusual for parties in an arbitration to suspend the proceedings and explore a settlement. Any…

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Matthew Gearing (Allen & Overy LLP)
Jivraj v Hashwani: A Pro-Choice, Corrective Ruling from the Supreme Court
September 22, 2011

In this post, we will first deal briefly with the facts in the case of Jivraj v Hashwani and the findings of the first instance judge and the Court of Appeal, which by now would be very familiar to…

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Annalise Nelson
The Revised ICC Rules of Arbitration
September 15, 2011

As discussed by Paul Friedlandhere, on September 12, 2011, the International Chamber of Commerce issued its revisedRules of Arbitration. The new rules, which update the 1998 Rules and will take…

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Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)
Calling a witness (too) late in the proceedings
September 15, 2011

In its decision 4A_162/2011 of 20 July 2011, which was published on 2 September 2011, the Swiss Federal Supreme Court elaborated on the content of – and limits to – the right of parties to call…

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