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Georg von Segesser  (von Segesser Law Offices)
The Exemption of Functions of Arbitration from VAT under Swiss Law
June 25, 2009

Under the applicable Swiss law, fees and charges arising in connection with the exercise of functions of arbitration are exempted from VAT. Specifically, the respective section of Article 23(1) of…

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Raoul Cantero  (White & Case LLP)
Sixth Circuit Rejects International Abstention Doctrine in Compelling Arbitration
June 24, 2009

Addressing an issue of first impression, the United States Court of Appeals for the Sixth Circuit recently held that, notwithstanding a prior-filed lawsuit in Australia, the doctrine of international…

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João Bosco Lee  (Lee Taube Gabardo; Editor in Chief, Brazilian Arbitration Journal)
Brazil: place of arbitration.
June 23, 2009

Dear all, As you know, arbitration in Brazil has become a reality. After several decades of being considered as the last frontier of international arbitration in Latin America, Brazil is now one the…

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Fatima-Zahra Slaoui  (Freshfields Bruckhaus Deringer LLP)
Emergency Arbitrator - The Proposed New Procedure of the SCC Rules
June 22, 2009

The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) has recently proposed the inclusion of an “Emergency Arbitrator” procedure in the SCC Rules (see Draft New Rules with Notes). On…

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Pieter Bekker  (Crowell & Moring LLP)
Is Arbitration Based on “Treaty Shopping” In Jeopardy?
June 17, 2009

On May 4, 2009, the Obama administration proposed far-reaching measures designed to curb the tax benefits enjoyed by U.S.-based multinational corporations with offshore operations. Based on 2004…

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Boris Kasolowsky  (Freshfields Bruckhaus Deringer)
Conference: Fifty Years of Bilateral Investment Treaties
June 16, 2009

Conference: Fifty Years of Bilateral Investment Treaties December 1-3, 2009, Frankfurt Fifty years ago, Germany and the Islamic Republic of Pakistan concluded the first ever bilateral investment…

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Luke Eric Peterson  (Investment Arbitration Reporter)
Diplomatic Friction
June 13, 2009

At first glance, the Alien Torts Statute (ATS) doesn't have a lot to do with arbitration - which may explain why Roger Alford wrote about it over on Opinio Juris, rather than here. (The ATS permits…

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Richard Hill  (Fulbright & Jaworski LLP)
Hybrid ICC/SIAC arbitration clause upheld in Singapore
June 10, 2009

In a judgment dated June 2, 2009, the Singapore Court of Appeal has upheld a “hybrid” arbitration clause which provided that all disputes should be resolved “by arbitration before the Singapore…

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Ank Santens  (White & Case LLP)
Costs in International Arbitration: A Plea for a Debate on Early Guidance by the Arbitral Tribunal on the Principles it Will Apply when Deciding on Costs
June 10, 2009

One of the greatest challenges for international arbitration in recent times is the users’ complaint that the process has become too costly. In-house counsel are under pressure to control costs, and…

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Richard Hill  (Fulbright & Jaworski LLP)
English Court Retains Jurisdiction Notwithstanding French Arbitration Clause
June 08, 2009

In the recent decision in Youell v La Reunion Aerienne [2009] EWCA Civ 175 the English Court of Appeal applied the ECJ decision in West Tankers and upheld a Commercial Court decision holding that the…

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