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Apr , One of the topics discussed by the panels at last week s th Annual IBA Arbitration Day was parallel proceedings We heard well prepared and interesting presentations on many aspects of parallel proceedings such as confidentiality and the taking of evidence As we all know, such parallel proceedings

Oct , In the past couple of years, Argentina has enacted a new Civil and Commercial Code (CCC) including substantive provisions on arbitration, passed a law on Public Private Partnership Contracts (PPPC) expressly providing for arbitration clauses in such contracts, and this year, the government

Oct , The concerns arise primarily from the socio economic consequences of Brexit, which might include the possible departure of financial institutions, increased immigration barriers for foreign talent, and the city s potential loss of its preeminence as a global financial centre Despite these concerns, London s

Aug , Business transactions are entered into daily within a vast territorial space that reaches from Macau s ruins of Saint Paul, passing through the exotic city of Maputo unto the Brazilian State of the Amazonas The area of the globe occupied by the current members of the Community of Portuguese Language

Oct , While it is not known whether there are more investment agreements that have not yet become public, the trend seems clear and it can be explained by the comments made in to the draft Norwegian model BIT [t]he point of departure for the work on a new model agreement has been that the

Oct , The Editorial Board of Kluwer Arbitration Blog announces the opening of the following positions with Kluwer Arbitration Blog Assistant Editor for Europe, Assistant Editor for Asia (Hong Kong and PR China) and Assistant Editor for Africa The Assistant Editors report directly to the Associate Editors and are

Oct , A Global Commercial Hub (GCH) is the broadest of the three terms and is often referred to alongside the notion of a World City or Global City Along with a strategic geographic position and world class infrastructure, each is regarded as a global financial centre, capable of facilitating cross border trade and

Nov , A number of highly publicized cases have fueled public indignation, prompting concern among businesses that being tainted with human rights abuse An entire supply chain could be covered by an arbitration arrangement that allows the originating business to instigate arbitration against any supplier in

May , The Duty of Disclosure and Conflicts of Interest of TPF in Arbitration How to Enforce an ICSID Award in Spain The Legal Framework, the Competent Authority, and the Procedure Enforcement of Annulled Awards A Restatement for the New York Convention Has the Public Policy Exception Returned to

Nov , Rather, the arbitral tribunal will have to manoeuvre on unstable ground through the principles of party autonomy and non ultra petita on the one hand and the tribunal s duty to render an enforceable award which may not be challenged and or not be recognised based on a violation of public policy on the

Dec , third party funders in relation to international arbitration and related court or mediation proceedings is not contrary to public policy or illegal Shortly thereafter, in June , Hong Kong passed long awaited legislation making it clear that third party funding of arbitration is permitted under Hong Kong law.

Sep , Reliance on the investor state dispute resolution (ISDS) mechanism of the Energy Charter Treaty (ECT) is booming, with at least ten new cases registered in the past year alone Notably, nine of these ten cases and almost of all publicly reported cases initiated to date have been brought by an

Dec , While the cases discussed above indicate a shift, a Saudi commercial court would still likely assert jurisdiction in a dispute that involves public documents, such as articles of association or bylaws registered with the Ministry of Commerce and Investment, regardless of whether the parties enter into side

Nov , James C ford described the principle of state immunity as a rule of international law that facilitates the performance of public functions by the state and its representatives by preventing them from being sued or prosecuted in foreign courtsit precludes the courts of the forum state from exercising

May , On January , the Swiss Federal Council proposed a revised version of the Swiss International Private Law Act (SPILA) relating to international arbitration (art et seq.) with a view to increasing the attractiveness of Switzerland as a place of arbitration while preserving the concise, liberal and

Dec , On November , a division bench of the Supreme Court of India (hereinafter SCI) referred the matter between Venture Global Engineering LLC and Tech Mahindra Ltd to a larger bench, in view of the diverging opinions emerging from the division bench In substance, the SCI was looking at the

Oct , Gretta is a Global Advisory Board member of ICDR Young International (ICDR Y amp I) and Secretary of the International Commercial Disputes Committee of the New York City Bar She also co coaches the Foreign Direct Investment and Vis International Commercial Arbitration moot court teams at New York

Jun , The Twenty eighth ITF Public Conference on Economic Crime and International Investment Law, hosted by the British Institute of International and Comparative Law (BIICL) on May , attracted distinguished speakers and more than participants for a day discussion on the issues of economic

Aug , Article V() was not drafted to protect the rights of sovereign states it was drafted to protect the rights of the losing party in arbitration by preventing dilatory tactics and the abuse of process It is Article V() that is based on the idea of sovereignty and international comity by respecting the public policy of the

Sep , While such consultations are not entirely new, the Public Consultation on TTIP has tapped a wider public and concerns an international treaty that would have deeper impact than any earlier external EU agreement It is therefore hardly an exaggeration to state that this consultation process constitutes a

Mar , They have in the past caused heated debate in China as to their legality (in the cases of VIE and VAM) and their boundaries in the context of enforcement of foreign arbitral awards (in the case of public policy) Thus, when a recent PRC court ruling linked all three topics, it instantly became a leading judicial

Jul , Next Article The International Public Policy of the Portuguese State A Matter of Value Duarte Gorj?o Henriques (BCH Advogados) July , June ,

Oct , For example, for claims arising out of public private partnerships, as well as of investment, and petroleum contracts Such consent, however, is subject to some constraints The Constitution provides the most important restriction It prohibits the Government from submitting disputes to the jurisdiction of

May , On the ground that arbitration is a consensual and neutral means of dispute resolution, it has been suggested that arbitrators ought to be wholly and exclusively at the service of the parties and that they are not entrusted with a mission to defend public interests There may be reasons to call this view into

Jan , Second, the Regulation aims at creating a cooperation mechanism between the Member States and the European Commission in order to inform each other about foreign direct investments that may threaten the security or public order This cooperation mechanism enables other Member States and