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5124 results available

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Justin D'Agostino (Herbert Smith Freehills) for HSF Kramer
The Hong Kong Financial Dispute Resolution Centre – Specialist arbitrators required to perform a delicate balancing act?
April 15, 2011

The aftermath of the Lehman Brothers' bankruptcy saw more than 20,000 retail investors in Hong Kong suffer losses from investments in structured products. This gave rise to political pressure on the…

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Georg von Segesser (von Segesser Law Offices)
Importing the "negative effect" of the principle of competence-competence into Swiss law?
April 14, 2011

According to article 7 of the Swiss Private International Law (PILA), if the parties have entered into an arbitration agreement, the Swiss Court before which the action is brought shall decline its…

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Christian Leathley (Herbert Smith Freehills LLP) for HSF Kramer
What will the recent entry into force of the UNASUR Treaty mean for investment arbitration in South America?
April 13, 2011

On 11 March 2011, the UNASUR treaty entered into force. UNASUR (the Union of South American Nations) is a regional organisation that comprises all twelve South American countries: Argentina, Bolivia…

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Lisa Bench Nieuwveld (Conway & Partners)
The European Advocate General Supports BIT Obligations in EC v. Slovakia Case
April 12, 2011

On March 15, 2011 the Advocate General (“AG”) issued its opinion on an interesting matter which considers the relationship between EU law, a contract preceding the Republic of Slovakia’s accession…

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Michael McIlwrath (MDisputes)
Anti-Arbitration: Feedback on Your Recent Pitch
April 12, 2011

Dear Counsel, Thank you for taking the time to present your firm’s international arbitration practice, and also for the copies of the brochure and monthly newsletter. The many recent wins by your…

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Nicolas Ulmer (Budin & Associés Avocats)
Swiss Appeals, Swiss Efficiency
April 08, 2011

When it comes to appeals of international arbitral awards Switzerland lives up to its reputation for order and efficiency. A recent victory in defending an appeal here prompts me to comment on the…

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Michael Wietzorek (Taylor Wessing) for YIAG
The Form of the International Arbitration Agreement under the 2011 French Arbitration Law
April 07, 2011

The 1981 French Arbitration Law did not contain a provision covering the form or the proof of an international arbitration agreement. The former Article 1499 of the Code of Civil Procedure (“CCP”)…

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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
Dallah and the New York Convention
April 07, 2011

To paraphrase Professor Henkin’s classic aphorism about international law - most parties respect most international arbitration agreements most of the time. And likewise, the international arbitral…

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Lisa Bench Nieuwveld (Conway & Partners)
A Chance to Discuss Proposed or Published Changes to Key Arbitration Rules
April 07, 2011

The International Chamber of Commerce Court of Arbitration (the ICC) is the largest arbitral institute. In addition, its Rules of Arbitration (the Rules) greatly influence the practice of arbitration…

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Matthias Scherer (Editor in Chief, ASA Bulletin; LALIVE)
Swiss Embargos and their Impact on Contracts Governed by Swiss Law Illustrated by the Swiss Sanctions against Iran
April 05, 2011

Introduction: Many international commercial contracts (such as e.g., construction, distribution, sale and purchase) are governed by Swiss (substantive) law as per a choice of law provision. Often the…

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