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Zil Shah , Mustafa Mert Dicle , Ayça Çitil
LIDW 2023: Opening with Three Keynote Speeches
May 17, 2023

London International Disputes Week 2023 (“LIDW 2023”) kicked off on 15 May 2023. This year’s theme explores how the disputes community, is and should be, adapting to a changing world. The first day…

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Khushboo Shahdadpuri  (Al Tamimi & Company)
Interview with our Editors: The Saudi Center for Commercial Arbitration (SCCA) in the Spotlight with Fatima Balfaqeeh
May 16, 2023

 Fatima, thank you for joining us on the Kluwer Arbitration Blog and congratulations on your recent appointment as Director of SCCA Dubai, as SCCA opens its doors to its first regional office…

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Pelin Baysal , Bilge Kağan Çevik  (Baysal & Demir Law Firm)
Law Governing the Arbitration Agreement: Whose Side Are the Turkish Courts On?
May 15, 2023

Identifying the law governing the arbitration agreement has increasingly proven to be a complex and confusing process. This is particularly true after the UK Supreme Court’s Enka v. Chubb judgment,…

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Simon Batifort  (Curtis, Mallet-Prevost, Colt & Mosle LLP) , Marie-Claire Argac , Cyprien Mathié  (Curtis, Mallet-Prevost, Colt & Mosle LLP)
2023 PAW Recap: Affaires d’Etats Vol. 2 – Abusive Claims Against States and How to Fight Them
May 14, 2023

As part of 2023 Paris Arbitration Week (“PAW”), Curtis hosted a webinar on “Affaires d’Etats: Abusive Claims Against States and How to Fight Them”. This was the second edition in the “Affaires d’…

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Pratyush Singh  (National Law School of India University)
How Far Will CAS Take the Requirement of Due Diligence?
May 13, 2023

Several football teams were adversely affected by the 2008 global financial crisis, and some of them were even liquidated. Over time, some of these clubs re-emerged, including as a result of mergers…

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Mino Han  (Peter & Kim) , Arjun Solanki  (BPP Law School)
Early Determination: A Secret Recipe for Arbitral Efficiency?
May 12, 2023

The practice of early determination, already customary to common law, has increasingly gained ground in investment and commercial arbitration, being introduced to various arbitration rules. It aims…

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Eran Sthoeger  (Eran Sthoeger, Esq. and Brooklyn Law School) , Christian J. Tams  (University of Glasgow and Matrix Chambers London)
What is the Role of Countermeasures in ISDS in the Context of the War in Ukraine?
May 11, 2023

Much has been written on countermeasures enacted by States against Russia (e.g., here, here, here), but to the extent that States’ measures in response to Russia’s breaches of international law have…

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Maria José Alarcon
ECT Modernisation Perspectives: Revamping International Investment Law: A Comparative Look at Substantive ISDS Reform in the ECT and Beyond
May 10, 2023

The modernization of the Energy Charter Treaty (ECT) has been debated among scholars, with some supporting it and others criticizing the process and outcome. The vote on the modernization was…

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James McGlaughlin  (McNair International)
ECT Modernisation Perspectives: Big Shoes to Fill? Governing Foreign Energy Investments in an Energy Charter Treaty Lacuna
May 09, 2023

Much has been written already about the future of the Energy Charter Treaty (“the ECT”) – or perhaps lack thereof. Briefly, attempts to modernise the ECT began in earnest in 2017 with the aim of…

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Fabian Eichberger  (University of Cambridge)
ECT Modernisation Perspectives: No Winners: The Long End of the ECT Modernisation Process
May 08, 2023

By the end of April 2023, observers of the ECT modernisation process may have felt as if they were waiting for Godot. The vote on the outcome of the ECT modernisation process, scheduled to take place…

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