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Search Results for: efficient arbitration

850 results available

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Pan Huiwen  (Xiamen Intermediate People's Court of People's Republic of China)
PRC Court Upholds ICDR Award Relating to International Franchise Agreement
January 10, 2019

On 12 June 2018, the Xiamen Intermediate People’s Court of PRC (“Court”), in Subway International B.V. v Xiamen Woguan Enterprise Management Co., Ltd, upheld an ICDR award made by sole arbitrator…

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Devansh Mohta
Application of Law of Limitation in Computing Time Period Under Section 34(3) of the Arbitration & Conciliation Act, 1996
January 08, 2019

INTRODUCTION It is fairly known that the Indian Limitation Act, 1963 (the Limitation Act) constitutes “general law” for Time Periods and its computation. Section 29(2) of the said Act contains the…

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Pragya Chandak , Harsh Salgia  (National Law University, Jodhpur)
IFFCO v. Bhadra Products: Increasing Confusion or Clarifying on Matters of Jurisdiction?
January 07, 2019

Section 16 (1) of the Arbitration and Conciliation Act, 1996 [“the Indian Act”] confers power upon the arbitral tribunal to decide on matters relating to its jurisdiction. Under section 16 (5), a…

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Ylli Dautaj  (Durham Law School) , William F. Fox  (Penn State Law and Dickinson School of Law)
Procedural Reform: Two Party-Appointed Arbitrators and a Presiding “Expert”
January 04, 2019

Arbitration in the 21st Century requires some bold, fresh thinking.  We must seek flexibility and innovation if legal civilization is to survive.   Similarly,  when the market speaks strongly,…

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Neil Newing  (Signature Litigation) , Ryan Cable , Johnny Shearman  (Signature Litigation)
Costs in International Arbitration – Are Changes Needed?
January 01, 2019

A little under ten years ago Sir Rupert Jackson proposed significant reforms to reduce the costs of litigation in England and Wales. It is fair to say that while his reforms have received both praise…

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Marcin Menkes  (Queritius)
Commensalism in International Investment Arbitration: The Rule of Law and CSR in the New Dutch Model BIT
December 30, 2018

Commensalism of IIL Critique While the popular criticism of investment arbitration provides fertile ground for the academic proposals for ISDS reform, the latter hardly shape the development of (…

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Dalal Al Houti
The First ICC Kuwait Arbitration Day
December 21, 2018

On 6 November 2018, the ICC, in collaboration with Al Tamimi & Company, hosted the first Kuwait Arbitration Day. This involved practitioners from across the Middle East and beyond coming together…

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Gustavo Moser  (Swiss International Law School (SiLS))
Brexit, Cognitive Biases and the Jurisdictional Conundrum
December 15, 2018

In our post last month, we discussed the potential impact of Brexit on the choice of law to govern a contract and the law applicable to non-contractual claims. We also discussed that parties and…

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Michael McIlwrath  (MDisputes)
The Prague Rules: The Real Cultural War Isn’t Over Civil vs Common Law
December 12, 2018

  The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration will be officially launched this week (December 14). This set of rules of evidence and procedure…

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Lixin Chen , Aaron Yoong  (Singapore Management University)
Does Investor-State Arbitration Have a Future? Keynote Speech by Sir Christopher Greenwood
November 30, 2018

The 8th edition of the Herbert Smith Freehills – SMU Asian Arbitration Lecture, jointly organised with the Centre for Cross-border Commercial Law at the Singapore Management University, took place on…

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