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ICCA Sydney: Arbitration Challenged II – Party Autonomy in Choosing Decision-Makers: Advantages and Drawbacks – Should it be Revisited?

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Jonathan Mackojc Young ICCA The afternoon session at ICCA Sydney Conference 2018 on “Party Autonomy in Choosing Decision-Makers” was moderated by Prof. Dr. Gabrielle Kaufmann-Kohler and had the insightful contributions of Alfonso Gómez-Acebo, Audley Sheppard QC, Natalie Y. Morris-Sharma and Ruth Stackpool-Moore. The session commenced with Prof. Dr. Kaufmann-Kohler underscoring […]

How to Disqualify and/or Remove Arbitrators Under Ethiopian Arbitration Law: Is Ethiopian Law on the Right Track?

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Michael Teshome If you are a counsel in an ongoing arbitration, you have two obligations: 1) navigate your ways through provisions of the applicable law so that you can litigate as a professional; 2) satisfy your client with your service and make sure that all his questions are answered properly. […]

In a first, English High Court sets aside Investment Treaty Award against Poland

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Kshama A. Loya and Vyapak Desai On March 2, 2018, the England & Wales High Court (Court) for the first time set aside an investor-state arbitration award on jurisdiction (Award on Jurisdiction) passed against the Claimant in GPF GP S.a.r.l. v. Republic of Poland[1]. The Court ruled that: A specific […]

The Rule of Law As Created by Arbitrators – An Update on the Discussions At The Recent IBA Arbitration Day in Buenos Aires

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Julián Bordacahar At a time when Argentina is looking to modernize its arbitration culture and attract foreign investment, the IBA Arbitration Day held in Buenos Aires could not have been more opportune.  Gathering more than 400 arbitration experts from more than 45 countries, the venue and the event proved to […]

A Good Bad-Faith Policy?

“[I]f . . . I act for the Big Bad Wolf against Little Red Riding Hood and I don’t want this dispute resolved, I want to tie it up as long as I possibly can, and mandatory mediation is custom made.  I can waste more time, I can string it […]

A Good Bad-Faith Policy?

“[I]f . . . I act for the Big Bad Wolf against Little Red Riding Hood and I don’t want this dispute resolved, I want to tie it up as long as I possibly can, and mandatory mediation is custom made.  I can waste more time, I can string it […]

Is Online Dispute Resolution The Future of Alternative Dispute Resolution?

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Derric Yeoh YSIAC The tech revolution has been underway for some time now but has only recently come to the forefront of the general public’s consciousness from the explosion in attention to bitcoin. The progress of technology has allowed it to creep into the domain of alternative dispute resolution. There […]

Revisiting Anti-Suit Injunctions Post Brexit: Some Lessons from the US

David Ndolo and Margaret Liu Background UK courts senior courts have the power to issue an anti-suit injunction in favor of arbitration where a party commences foreign court proceedings in breach of a valid arbitration agreement (Senior Courts Act 1981 s.37(1)). At the heart of this controversial remedy lies a […]

Revisiting Anti-Suit Injunctions Post Brexit: Some Lessons from the US

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David Ndolo and Margaret Liu Background UK courts senior courts have the power to issue an anti-suit injunction in favor of arbitration where a party commences foreign court proceedings in breach of a valid arbitration agreement (Senior Courts Act 1981 s.37(1)). At the heart of this controversial remedy lies a […]

Novenergia v Kingdom of Spain, the ECT and the ECJ: Where to now for intra-EU ECT claims?

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Richard Power Clyde & Co. There has been much comment about recent awards in Energy Charter Treaty (‘ECT’) arbitrations concerning investors’ claims against Spain and other EU states regarding renewable energy projects . The fortunes of investors and states have waxed and waned over the last few years, but overall […]