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Roman Zykov  (Russian Arbitration Association)
Russia: Impartiality Test for Arbitrators
April 20, 2010

In 2007, the Russian Supreme Arbitrazh (State Commercial) Court in OAO NK Rosneft v. Yukos Capital S.a.r.l ruled that arbitrators must disclose their connection to the legal counsel of the other…

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Andrew Newcombe  (University of Victoria Faculty of Law)
The Obligation to Arbitrate Fairly and in Good Faith in Investment Treaty Arbitration
April 19, 2010

The principle of good faith arises in investment treaty arbitrations in various contexts. Tribunals, of course, regularly refer to Article 31(1) of the Vienna Convention for the rule that treaties…

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Tai-Heng Cheng  (New York Law School)
Is International Investment Arbitration Undertheorized?
April 16, 2010

In the last month, two professors mused to one of the authors that “international investment arbitration is undertheorized”. One of the professors is a serious scholar of international law. The…

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Stephen Hibbert  (Habib Al Mulla & Co.)
Dispute Resolution in Abu Dhabi (Part 2) - Do We Have The Time, Or Luxury, To Rely Only On Arbitration As The Only “Alternative” in ADR?
April 14, 2010

Constructively, commercial arbitration is a judicially recognized and an enforced method of dispute resolution in the UAE. Via Article 203 (5) of the Civil Procedure Law (1992), if the parties have…

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Steve Abraham  (Norton Rose LLP)
More Interesting Anti-Suit Injunction Cases
April 13, 2010

Anti-suit injunctions have certainly received their fair share of air time (and some would say more) as a result of the West Tankers debate - about which this blog entry is not. Now that all eyes…

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Lucy Reed  (International Council for Commercial Arbitration)
Safety National Casualty Corp. v. Certain Underwriters at Lloyd’s, London:Does the McCarran-Ferguson Act Authorize State Insurance Law to Reverse-Preempt the New York Convention?
April 12, 2010

In Safety National Casualty Corp. v. Certain Underwriters at Lloyd’s, London, 587 F.3d 714 (5th Cir. 2009), the Fifth Circuit addressed the following question: does the McCarran-Ferguson Act…

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Gary B. Born  (Wilmer Cutler Pickering Hale and Dorr LLP)
Who is Most Competent? Some Comments on the Allocation of Jurisdictional Competence Under the English Arbitration Act 1996
April 12, 2010

In a post last year we considered the English Court of Appeal’s judgment in the case of Dallah Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan [2009]…

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Jennifer Thornton  (US Department of State)
State Responsibility for Contract Breaches: Possible Insights from the U.S- Mexican General Claims Commission
April 10, 2010

The United States and Mexico signed the General Claims Convention of September 8, 1923 and thereby constituted the U.S.-Mexico General Claims Commission.* The Commission was asked to resolve all…

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Stephen Hibbert  (Habib Al Mulla & Co.)
Dispute Resolution in Abu Dhabi ( Part 1): How can the System Possibly Cope?
April 09, 2010

On a first reading this might seem like a particularly narrow question. Perhaps geographically of limited utility. But to almost every international organization in the industrial, defence and major…

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Dmitry Davydenko  (Muranov, Chernyakov and Partners)
Does Noncompliance with Pre-arbitration Dispute Settlement Procedures Affect Awards Enforceability in Russia?
April 09, 2010

Dispute resolution clauses often provide for negotiations, conciliation or a similar procedure before arbitration. Both UNCITRAL Model Law on International Commercial Arbitration and the Russian law…

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