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Lucy Reed  (International Council for Commercial Arbitration)
More on Corporate Criticism of International Arbitration
July 16, 2010

I recently spoke at a conference co-sponsored by the Milan Chamber of Arbitration and the ICC on the occasion of the publication of the new Italian arbitration treatise entitled Commentario Breve al…

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Maxi Scherer  (ArbBoutique & Queen Mary University of London)
A View from the Mountain Top: A Challenge to International Arbitral Practice in Thomas Mann’s Magic Mountain
July 16, 2010

Switzerland may be one of the world’s most important arbitral seats, even so one would scarcely expect arbitration to hold much interest for the tubercular residents of Davos in Mann’s novel Der…

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Anonymous
Here Comes the Sun …
July 15, 2010

The 2010 World Cup may have come and gone (good, or perhaps bad news, depending where you stand on this), as by the looks of it (at least from where I’m sitting in London, SE1), has our short-lived…

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Alexis Mourre  (Castaldi Mourre & Partners)
Can Discovery Costs be treated as Arbitration Costs?
July 13, 2010

As is well known, Section 1782(a) provides that a “the district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document…

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Hans van Houtte  (Katholieke Universiteit Leuven, Faculty of Law)
European Parliament Committee Expresses Views on Arbitration and Court Jurisdiction
July 12, 2010

The discussion on the position of arbitration in the Brussels Jurisdiction and Enforcement Regulation (Regulation 44/ 2001) has now reached the Committee on Legal Affairs of the European Parliament…

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Roger Alford  (Notre Dame Law School; U.S. Department of Justice)
Corporate Counsel Discuss Arbitration Cost and Delay
July 08, 2010

“With over 20,000 contracts executed each year, it is simply impossible to address the problems of cost and delay in arbitration through artful drafting.” That was the gist of comments made by a…

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Chris Parker  (Herbert Smith Freehills LLP)
Should an Enforcing Court Re-open a Tribunal's Decision on a Question of Public Policy?
July 08, 2010

When discussing public policy, English lawyers like to quote the famous comment of an English judge in the early 19th century that "public policy is a very unruly horse, and once you get astride it…

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Georg von Segesser  (von Segesser Law Offices)
Swiss Federal Supreme Court Denies the Applicability of an Arbitration Clause in the Articles of Association to Liability Claims Against Board of Directors of an Insolvent Company
July 07, 2010

In a decision dated 8 December 2009, published on 13 June 2010 (case 4A_446/2009, published as 136 III 107), the Swiss Federal Supreme Court held that persons acting as board of directors of a…

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Georg von Segesser  (von Segesser Law Offices)
The Swiss Federal Court Dismisses Two Appeals Concerning the Constitution of an Arbitral Tribunal
July 07, 2010

In two decisions both dated 11 January 2010, published on 16 April 2010 (cases 4A_256/2009 and 4A_258/2009), the Swiss Federal Supreme Court dismissed two appeals regarding the irregular constitution…

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Georg von Segesser  (von Segesser Law Offices)
The Swiss Federal Court Confirms an Award Granting Damages for the Violation of an Arbitration Clause
July 07, 2010

In a decision dated 11 February 2010, published on 29 March 2010 (case 4A_444/2009), the Swiss Federal Supreme Court dismissed an appeal against a tribunal's decision that it had jurisdiction over a…

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