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Lasha Arveladze (Cocaz Legal LLC)
Surprising News From Georgia: Court of Appeals Finds Arbitral Tribunals Lacking Competence Despite a Valid Arbitration Agreement
May 28, 2024

Despite many years of hard and tireless work for the purposes of ADR promotion in Georgia, the recent attitude of the courts towards arbitration causes significant problems at the level of basic…

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Maxi Scherer (ArbBoutique & Queen Mary University of London)
We Need to Talk About … the EU AI Act!
May 27, 2024

There has been a lot of talk about artificial intelligence ("AI") in international arbitration in recent years.  I vividly remember when I gave the keynote speech on “International Arbitration 3.0 –…

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Aarya Dixit, Leticia Diehl Tomkowski (Clifford Chance)
9th EFILA Annual Conference: New Frontiers in International Investment Arbitration
May 27, 2024

On 25 April 2024, the European Federation for Investment Law and Arbitration (“EFILA”) held its 9th Annual Conference at Clifford Chance in Frankfurt. The conference was opened by the Chair of the…

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Christopher R. Drahozal (The University of Kansas School of Law), Donald Earl Childress III (Pepperdine Caruso School of Law; Three Crowns), Jack Coe (Pepperdine University School of Law), Catherine A. Rogers (Bocconi University)
Do National Courts Really Give Effect to 90% of All International Arbitral Awards?
May 26, 2024

International arbitration specialists frequently estimate that national courts give effect to about 90% of all international arbitral awards. Recently, several scholars have set out to empirically…

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Estefanía Contreras, Jesus Villegas (Baker McKenzie)
Red Eagle v. Colombia: Colombia's Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right
May 25, 2024

On February 28, 2024, the arbitral tribunal in the arbitration between Red Eagle Exploration Limited (“Red Eagle”) and Colombia (ICSID Case No. ARB/18/13) issued an award under the Canada-Colombia…

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Edwina Kwan, Ruimin Gao, Clarence Ma (King & Wood Mallesons)
The Implications of Koch v. Canada for Emissions Trading Schemes
May 24, 2024

Following our previous post on dispute resolution in carbon markets, the ICSID Tribunal in Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada, ICSID Case No. ARB/20/52 (“Koch v. Canada…

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Alec Ray (LALIVE)
The Swiss Supreme Court Upholds an Intra-EU Award Under the ECT
May 23, 2024

In a judgment dated 3 April 2024, the Swiss Supreme Court (the “SSC”) rejected Spain’s challenge of an arbitral award rendered in an intra-EU arbitration under the Energy Charter Treaty (the “ECT”).…

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Griffin Carlson (UCLA)
Northern District of California Compels Arbitration Between Contractor and Non-Signatory Insurer of Subcontractor
May 22, 2024

On March 11, 2024, in Swinerton Builders, Inc. v. Argonaut Insurance Company, a district court in the Ninth Circuit found a valid arbitration agreement between the contractor, Swinerton Builders, Inc…

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Gordon Blanke (Blanke Arbitration LLC)
The Enforceability of DIFC-LCIA Arbitration Clauses in Light of Decree No. 34/2021: A View from Outside the UAE
May 21, 2024

Two recent judgments, one from the United States (US) District Court for the Eastern District of Louisiana (“Louisiana Court”) and another from the Singapore High Court (“Singapore Court”), have…

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Bruno Rucinski (A&O Shearman)
From Evasion to Enforcement: How the English Commercial Court Recaptured NIOC’s Undervalued Property Transfer to Enforce an Arbitral Award
May 20, 2024

On 14 April 2024, the English Commercial Court granted Crescent Gas Corporation Limited (“CGC”) ownership of a London property to assist it (partially) to recover a USD 2.6 billion judgment debt owed…

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