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Charles ('Chip') B. Rosenberg , Asaf Niemoj  (Meitar Law Offices)
Israel: The Land of Milk and Honey . . . and FDI: An Overview of Israel’s International Investment Agreement Program
June 12, 2023

Israel is known as the land of “milk and honey.”  But in recent years it has also become known as the land of innovation and entrepreneurship.  Successful Israeli start-ups include Waze (the…

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Alexander M. Wagner  (Bucerius Law School and Latham & Watkins LLP)
Will Achmea Trump ICSID in Germany? Bundesgerichtshof Likely to Grant “Anti-Arbitration” Declarations
June 10, 2023

Seven years ago, Germany's Federal Court of Justice (Bundesgerichtshof, BGH) set off an avalanche that buried most of the European investment arbitration landscape. The BGH’s order of June 3rd 2016…

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Michelle Rodrigues Martins da Silva Lima  (Mattos Filho Advogados)
State of the Art of Conflict of Competence Related to Arbitration in Brazil
June 09, 2023

On June 10, 2022, the Superior Court of Justice in Brazil ("STJ") ruled on the conflict of competence No. 185.702/DF (“CC 185.702/DF”) under the premise that arbitration has a jurisdictional nature…

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Nayiri Boghossian  (Nayiri Boghossian FZE)
Interpretation of Pathological Clauses by UAE Courts
June 08, 2023

Pathological clauses are not an infrequent occurrence in the arbitration world. We often see arbitration clauses which are poorly drafted and may result in rendering the clause inoperable. Being able…

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Fahira Brodlija  (Association ARBITRI)
The Draft Code of Conduct for Adjudicators in International Investment Disputes: Low-Hanging Fruit or Just an Appetizer?
June 07, 2023

In the forest of reform deliberations at the UNCITRAL Working Group III (ISDS Reform), the development of a draft Code of Conduct for decision-makers in investment disputes (Draft Code) was…

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Shaneen Parikh , Amoga Krishnan  (Cyril Amarchand Mangaldas)
Delhi High Court Rules Third Party Funders Vital to Justice but Not Liable for an Adverse Costs Award
June 06, 2023

The Delhi High Court has resoundingly acknowledged the viability of third-party funding (“TPF”) in providing access to justice for claimants in arbitrations. In a welcome judgment, the Court ruled…

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Antoine Cottin  (Africa Global Logistics)
Interviews with our Editors: In Conversation with Mr. Süleyman Boşça, Chairman of the Energy Disputes Arbitration Center (EDAC)
June 05, 2023

 Mr. Süleyman Boşça is a Türkiye-based lawyer specialized in international arbitration and energy law, currently acting as Chairman of the Energy Disputes Arbitration Center (EDAC). Mr. Boşça is…

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Panagiotis A. Kyriakou  (Archipel)
Greece's New Law on International Commercial Arbitration
June 04, 2023

On 4 February 2023, Law 5016/2023 (the “2023 Law”), Part A of which is entitled “International Commercial Arbitration”, was published in Greece’s Official Government Gazette (see an unofficial…

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Talitha Ramphal  (Conway & Partners)
Amsterdam’s Interim Relief Judge: Anti-enforcement Proceedings Against Arbitral Awards Could Violate the New York Convention
June 03, 2023

On 28 February 2020, two Dutch investors obtained a favourable arbitral award against Spain. The tribunal found that Spain had violated the Energy Charter and ordered Spain to pay damages of EUR 15.4…

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Leonardo F. Souza-McMurtrie  (University of Cambridge)
Impartiality and Disclosure: Will the Brazilian Supreme Court Change the Current Standards?
June 02, 2023

Despite being a relatively young market at just over 20 years old, Brazilian arbitration has experienced rapid growth. As of 2020, Brazil ranked second in the number of arbitrations filed with the…

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