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Search Results for: efficient arbitration

849 results available

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Gary B. Born  (Wilmer Cutler Pickering Hale and Dorr LLP)
Weighing the interests of host-state and investor -- a further blow to domestic litigation provisions in BITs?
October 11, 2012

In August 2011, the tribunal in Abaclat and others v Argentina decided (by a majority) that it had jurisdiction over claims brought by approximately 60,000 Italian investors, and that the claims were…

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Michael McIlwrath  (MDisputes)
Anti-arbitration: and the survey says....
October 04, 2012

The new international survey on arbitral practices has just been released. Now in its fourth iteration, the survey has come a long way since its inception in 2006 at the School of International…

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Ashish Chugh
The Bharat Aluminium Case: The Indian Supreme Court Ushers In a New Era
September 26, 2012

On 6 September 2012, the Indian Supreme Court delivered its much-awaited judgment in Bharat Aluminium Co v. Kaiser Aluminium Technical Services (‘BALCO’). For the reasons discussed in detail below,…

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Elizabeth Kantor  (Herbert Smith Freehills LLP)
Performance-Enhanced Arbitration? The CAS Ad Hoc Division
August 27, 2012

For those of us in the arbitration world, the closing ceremony which took place on 12 August 2012 not only marked the end of the London Olympic Games. It also signalled the conclusion of the…

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Catherine A. Rogers  (Bocconi University)
The International Arbitrator Information Project: An Idea Whose Time Has Come
August 09, 2012

As Rusty Park remarked, “[I]n real estate the three key elements are ‘location, location, location,’ … in arbitration the applicable trinity is ‘arbitrator, arbitrator, arbitrator.”’ Empirical…

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Aileen Truttmann  (Schellenberg Wittmer)
Entry into force of the revised Swiss Rules of International Arbitration – 1 June 2012
June 01, 2012

The revised Swiss Rules of International Arbitration ("Swiss Rules") enter into force today, 1 June 2012. While some general background has been given elsewhere (see here), the following specific…

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Francisco Málaga  (Linklaters)
Arbitration in Spain: state of affairs
May 29, 2012

In recent decades, Spanish legislators have increasingly turned their attention to private arbitration. The Spanish Arbitration Act 1953, mainly dealing with civil actions, was replaced by the 1988…

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Alejandro I. Garcia  (Herbert Smith Freehills LLP)
Scope of arbitration clauses and carve-out clauses: erring on the side of caution or on the side of daring?
May 25, 2012

In a judgment dated 25 April 2012 (Lombard North Central plc and another v GATX Corporation [2012] EWHC 1067 (Comm)), Judge Andrew Smith of the English High Court (Commercial Court) underlined the…

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Victor Ruiz  (Von Wobeser y Sierra, S.C.)
Time For A Mexican "Procuración" To Litigate Its Arbitrations?
May 23, 2012

For almost 20 years, Mexico has been at the forefront of Latin-American arbitration practice. It has been widely recognized both in terms of the quality and sophistication of its practitioners, its…

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Andrew Newcombe  (University of Victoria Faculty of Law)
Arbitration in Times of Crisis
March 17, 2012

International arbitration has long played an important role in resolving disputes that arise out of political and economic crises.   “Arbitration in Times of Crisis” is the theme of the 9th Annual…

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