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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Supreme Court decision of February 20, 2009 where the Supreme Court had confirmed a CAS award which deemed an appeal withdrawn after the…

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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
U.S. Court of Appeals Illustrates Obsolescence of Law that Allows Court to Consider Timeliness Challenge to Arbitrable Claim
July 07, 2011

On March 22, the United States Court of Appeals for the Second Circuit held in Bechtel do Brasil Construções Ltda. v. UEG Araucária Ltda., 638 F.3d 150, that the question whether a claim subject to…

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Roger Alford (Notre Dame Law School; U.S. Department of Justice)
Antisuit Injunctions and International Law
July 05, 2011

Last week I had the pleasure of working with Business Roundtable and a wonderful group of international law scholars--Rudolf Dolzer, Burkhard Hess, Herbert Kronke, Julian Ku, Davis Robinson,…

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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
The U.S. Supreme Court and Class Arbitration: A Tragedy of Errors
July 01, 2011

This post addresses the U.S. Supreme Court’s misadventures with class arbitration over the past decade. Those misadventures have resulted in striking confusion and waste of resources by litigants,…

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Alicia Cate (US Department of State)
Non-Disputing State Party Participation in Investor-State Arbitration under CAFTA-DR
July 01, 2011

This article provides a brief background on the provision allowing for non-disputing State Party participation under Chapter Ten of the Dominican Republic – Central America – United States Free Trade…

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Andrew Cannon (Herbert Smith Freehills LLP) for HSF Kramer
An anti-suit injunction to protect a non-existent arbitration
June 30, 2011

The Court of Appeal of England and Wales ruled last month that where parties have entered into an arbitration agreement, one party can obtain an anti-suit injunction to prevent the other party from…

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Seem Maleh (The Center for American and International Law)
Is It Time to Amend the Articles Regulating Arbitration in Qatar?
June 30, 2011

There are two legal jurisdictions in Qatar with laws containing specific provisions related to arbitration: the State of Qatar and the Qatar Financial Center (the “QFC”). The latter is a separate…

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Ank Santens (White & Case LLP) for White & Case
The Move Away from Closed-List Arbitrator Appointments: Happy Ending or a Trend to Be Reversed?
June 28, 2011

CIETAC’s Vice Chairman and Secretary General recently announced at a conference in London that CIETAC may soon permit parties to select arbitrators from outside the CIETAC list. As the CIETAC Rules…

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Justin D'Agostino (Herbert Smith Freehills) for HSF Kramer
Arbitration in Hong Kong: Immune from immunity?
June 24, 2011

In a landmark provisional judgment in Democratic Republic of the Congo v. FG Hemisphere Associates FACV Nos. 5, 6 & 7 of 2010, the Hong Kong Court of Final Appeal (CFA) has held by a majority of…

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