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FINRA Seeks Comment on Non-Attorney Representation in FINRA Arbitration

Virtually all customers of FINRA-registered broker-dealer firms (in essence, all broker-dealers) are required to arbitrate their disputes with those firms and their associated persons. Many of those disputes are required to be arbitrated in the FINRA Dispute Resolution forum.  Currently, FINRA permits parties to be represented by non-attorneys (NAR) (subject […]

Will 2018 Mark a Tipping Point for Binding Investor-State Arbitration?

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Colin Trehearne Herbert Smith Freehills The international economic order is today bound together through a network of bilateral (and multilateral) investment treaties which provide investors with a variety of protections. Such Bilateral investment treaties (“BITs”) are a relatively young species dating back to 1959’s Pakistan-Federal Republic of Germany BIT. While […]

The Launch of the 2018 Queen Mary and White & Case International Arbitration Survey

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Dipen Sabharwal and Mona Wright White & Case LLP and the School of International Arbitration at Queen Mary University of London (QMUL) are partnering once again to carry out cutting-edge empirical research in the field of international arbitration, with the launch of the 2018 International Arbitration Survey. International arbitration is […]

The Proven Benefits of ISDS and BITs –Eeven for SMEs and Small Claims

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Nikos Lavranos Recently, it was reported that after 14 years since Zimbabwe had illegally evicted Dutch farmers from their farms, it finally agreed to pay the damages awarded under the ICSID award, which dates back in 2009. In the Funnekotter et al case, the arbitral tribunal rejected Zimbabwe’s necessity defence, […]

Reminder: Open Positions with Kluwer Arbitration Blog

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Crina Baltag (Acting Editor) 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 […]

Ineligible Arbitrator Also Ineligible to Nominate Arbitrator: Indian Supreme Court – Does the Judgment Open Pandora’s Box?

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Pranav Rai This post critically examines the recent Supreme Court judgment in TRF Limited vs. Energo Engineering Private Limited where the court held that a person who is ineligible to be appointed as an arbitrator cannot even nominate an arbitrator. This judgment was in the context of a unilateral arbitration […]

The Dubai-DIFC Judicial Committee and DIFC Conduit Jurisdiction: A Sequel in Four Parts – Game over? (Part 4)

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Gordon Blanke This is the final one in sequel of four parts on the status of the DIFC Courts as a conduit jurisdiction. It reports on a further number of recent decisions of the Dubai-DIFC Judicial Committee – also known as the Judicial Tribunal or in shorthand the JT – […]

Ecuador’s Ordeal: Is International Jurisdiction a Journey with No Return? (Part I)

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Enrique Jaramillo “BITs and arbitration centers, such as ICSID, are an expression of an unjust moral order”, said Ecuador’s former President, Rafael Correa, back in 2014. Such animadversion led the country to denounce all its bilateral investment treaties (BITs) earlier this year. The Latin American nation’s feud with BITs and […]

English Court Denies Application to Enforce Russian Arbitral Award Set Aside by Russian Courts

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Jonathan Kelly, Adam Grant and Marina Zarubin A recent decision by the English Court shows once again the very high bar that a claimant must reach to enforce an award that had been set aside by the court at the seat of jurisdiction. The judgment handed down in Maximov v […]

Cybersecurity In International Arbitration – A Necessity And An Opportunity For Arbitral Institutions

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Claire Morel de Westgaver Bryan Cave LLP Cybersecurity bears particular significance to the realm of international arbitration. In addition to the ambient cybersecurity risks faced by each participant in international arbitral proceedings, the need to share information between the parties, the tribunal and the institution for the resolution of a […]