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Yarik Kryvoi , Lizaveta Trakhalina  (British Institute of International and Comparative Law (BIICL))
Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration?
August 10, 2019

States can regulate as part of their sovereignty and can give away a part of their regulatory freedom by making commitments to foreign investors, such as the obligation to compensate investors for…

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Pelin Baysal , Bilge Kağan Çevik  (Baysal & Demir Law Firm)
Can One Arbitrate with a Turkish Party Based on a Contract in a Language other than Turkish?
August 09, 2019

Although parties to international transactions frequently agree to arbitrate, they sometimes reconsider that commitment when a dispute arises, and look to challenge the validity of the arbitration…

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Veronika Korom  (ESSEC Business School; Paragon Advocacy)
Is There Finally a (Partial) Solution to the 2017 Hungarian Arbitration Act’s Controversial Requirement that Arbitrators Reimburse Fees If the Award is Set Aside?
August 08, 2019

As reported in earlier blog posts on the Kluwer Arbitration Blog,   Hungary’s newly adopted Arbitration Act (Act No. LX of 2017, hereafter the “2017 Arbitration Act”) is based on the UNCITRAL…

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Jared Hubbard , Malgorzata Mrozek  (Fitch Law Partners)
An Attachable Mess: Stemcor USA Incorporated v. Cia Siderurica do Para Cosipar
August 07, 2019

Arbitration is often used to avoid the messy processes of national litigation, sometimes involving years of appeals and hearings. But when you want to attach property to support your arbitral award,…

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Radu N. Catană  (Gabriel Arbitration AG) , Nataša Hadžimanović  (Gabriel Arbitration AG) , Johannes Landbrecht  (Walder Wyss Ltd.)
Take-aways from the National Conference on Commercial and Arbitration Law in Cluj-Napoca, Romania
August 06, 2019

On 7-8 June 2019, the ninth (Romanian) National Conference on Commercial Law in Cluj-Napoca was organized by the Department for Company Law and Corporate Governance of the Law Faculty of the…

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Dmytro Koval  (Avellum)
Rule of the Game v. Rule of Law: Had Ukraine Finally Resorted to CAS?
August 05, 2019

It is no secret that each sport has its rules of the game with appropriate sanctions for violating them. However, it may be new for someone that sports also have its own dispute resolution system.…

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Anna Howard  (Centre for Commercial Law Studies, Queen Mary University of London)
Kluwer Mediation Blog - June and July 2019 Digest
August 04, 2019

“Listening conveys respect to the speaker, which in turn engenders respect for the listener. People who are respected because they listen will have more influence when they speak.” Bill Marsh in Don’…

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Daniil Vlasenko  (Baker & McKenzie LLP)
Ambivalent Russian Arbitration Developments Regarding Hybrid Dispute Resolution Clauses
August 04, 2019

Overview At the end of 2018, the Presidium of the Russian Supreme Court published its "Review of Cases Related to the Functions of Assistance and Control in Relation to Arbitration and International…

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Eduardo Zuleta , María Camila Rincón  (Zuleta Abogados)
Colombia’s Constitutional Court Approves FTA with Israel but Conditions its Ratification
August 03, 2019

In June 2019, the Constitutional Court of Colombia (the “Court”) issued a communication summarizing its decision on the Free Trade Agreement between the Republic of Colombia and the State of Israel (…

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Katie Marquet-Horwood  (Enyo Law LLP)
Flexibility at the Expense of Certainty? Six Years of the ICC Emergency Arbitrator Procedures
August 02, 2019

Background The ICC Commission on Arbitration has recently published a report on Emergency Arbitrator (“EA”) Proceedings (“Report”) that promises to “offer guidance to users, counsel and EAs to…

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