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Thursday, November 26, 2020 7:00 PM

Damages to be paid by an Arbitrator if the award is set aside due to lack of independence-impartiality

The Court of Appeal (Audiencia Provincial) of the Asturias by judgment 24 September 2020 has Ordered an arbitrator to pay damages on the grounds that

Thursday, November 26, 2020 7:00 PM

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Three

English law, courts and arbitral tribunals may become more relevant and popular after Brexit, not less

Thursday, November 26, 2020 7:00 PM

Supreme Court Decision in Halliburton v Chubb: No universal application of arbitrator’s “gold standard” disclosure

The UK Supreme Court has released its much-anticipated decision in the Deepwater Horizon case between Halliburton v Chubb. The appeal concerns the

Wednesday, November 25, 2020 7:00 PM

Fallstricke bei der Festlegung des Regelungsgegenstandes einer Einigungsstelle

Der Beschluss des BAG vom 19. November 2019 (1 ABR 2218), in dem sich das BAG (endlich) zu der Frage des Bestehens eines Mitbestimmungsrechts des

Wednesday, November 25, 2020 7:00 PM

Virtual hearings: what do you need to do?

The move during 2020 to virtual hearings as a result of the pandemic has meant that parties, lawyers and arbitrators have had to quickly adapt to a

Wednesday, November 25, 2020 7:00 PM

Supreme Court's new take on international arbitration clauses

Historically, the Santiago Court of Appeals has held that parties' only recourse against an international arbitral award is the set-aside procedure

Wednesday, November 25, 2020 7:00 PM

Gujarat High Court’s Decision on Interim Measures and Enforcement of Foreign Arbitral Award between Two Indian Parties

A single judge bench of the Gujarat High Court in the case of GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited

Tuesday, November 24, 2020 7:00 PM

International Arbitration Newsletter - November 2020 Regional Overview: Europe

A Dutch subsidiary of Abu Dhabi’s sovereign wealth fund, Masdar Solar & Wind Cooperatief, has agreed to renounce a 80 million award against Spain to

Tuesday, November 24, 2020 7:00 PM

General Counsel update, November 2020

After success in many countries around the world in substantially suppressing the coronavirus by the last edition of the General Counsel Update, the

Tuesday, November 24, 2020 7:00 PM

International Arbitration Newsletter - November 2020 Regional Overview: Middle East and Africa

Egypt has been held liable for failing to provide the investors, in this case the Spanish construction group Cementos La Unión (and its subsidiary

Tuesday, November 24, 2020 7:00 PM

US sanctions - Who do they apply to and what steps can you take?

Under the Trump administration, the use of sanctions was a key US foreign-policy tool. Following the US presidential election on 3 November 2020, we

Tuesday, November 24, 2020 7:00 PM

Polish Court of Appeal rules that the refusal to consider offsetting by an arbitration tribunal violates public policy

In a ruling that sets a precedent for future arbitrations, the Polish Court of Appeal considers that an arbitral tribunal violated Polish public

Tuesday, November 24, 2020 7:00 PM

International Arbitration Newsletter - November 2020 Regional Overview: The Americas

The Colombian State Council has upheld the award issued by an arbitral tribunal of the Bogota Chamber of Commerce in a dispute between a

Tuesday, November 24, 2020 7:00 PM

International Arbitration Newsletter - November 2020 Regional Overview: Asia Pacific

An ICC tribunal has issued an award upholding the claim filed by Australian pharmaceuticals company,AOP Orphan Pharmaceuticals (AOP), against its

Monday, November 23, 2020 7:00 PM

What happens if the Respondent doesn't participate in the adjudication?

There are very few, if any, reasons why a Respondent should refuse to participate in proceedings

Monday, November 23, 2020 7:00 PM

In-house counsel seek a Brexit-proof solution: are we entering the ‘age of arbitration’?

Given the wide-scale disruption wrought by the Covid-19 pandemic, disputes are likely to increase in the coming months. The forum in which those

Monday, November 23, 2020 7:00 PM

A practical guide to Adjudication under the Construction Contracts Act 2013

Adjudication under the Construction Contracts Act 2013 (the Act') is a very accessible and efficient method of resolving payment disputes on

Monday, November 23, 2020 7:00 PM

Global Vantage: Anti-Suit Injunctions: Coming to a Court near you? November 2020

Anti-suit injunctions (‘ASIs’) prevent a party that is subject to the issuing court’s jurisdiction from commencing or continuing with proceedings in

Monday, November 23, 2020 7:00 PM

Dispute Boards: An Approach to the Efficient Resolution of Disputes in the Construction Sector

Imagine a complicated engineering and construction project that has lasted years and has already cost hundreds of millions of dollars. During the

Sunday, November 22, 2020 7:00 PM

India introduces mandatory stay on enforcement of domestic arbitral awards to protect against fraud and corruption

On 4 November 2020 the Government of India issued the Arbitration and Conciliation (Amendment) Ordinance 2020 (the “Ordinance Amendment”) - modifying

Sunday, November 22, 2020 7:00 PM

ISDS under the Europe-Vietnam Investment Protection Agreement

On 8 June 2020, the National Assembly of Vietnam formally ratified the Europe-Vietnam Free Trade Agreement (EVFTA). As part of this treaty, Vietnam

Sunday, November 22, 2020 7:00 PM

DOJ Issues New Guidance on Its Use of Arbitration

Last week, the Antitrust Division (Division) of the U.S. Department of Justice (Department or DOJ) issued a memorandum providing further guidance to

Sunday, November 22, 2020 7:00 PM

Yargıtay, Yabancılık Unsuru İçeren Tahkim Sözleşmesinin İngilizce Düzenlenmesinin 805 Sayılı Kanun’a Aykırılık Teşkil Etmediğini Belirterek Çok Önemli Bir Karara İmza Attı

Yargıtay 15. Hukuk Dairesi, 2 Ekim 2020 tarihli, 20201714 E., 20202652 K. Sayılı kararında (“Yargıtay Kararı“), tahkim yargılamasına

Sunday, November 22, 2020 7:00 PM

A GC’s Guide: ‘Virtual’ arbitration and the issues to think about

Since the advent of the Covid-19 pandemic, arbitrating parties have had to adjust to the difficulties created by the present circumstances. Parties

Sunday, November 22, 2020 7:00 PM

Court of Cassation Rendered Significant Judgment Determining an Arbitration Agreement Involving a Foreign Element is not a Violation of Law No. 805

In its Decision No. 20201714 - 20202652 dated October 2, 2020, the 15th Civil Chamber of the Court of Cassation rendered that if

Saturday, November 21, 2020 7:00 PM

Le droit applicable à la convention d’arbitrage : l’approche du droit anglais

Le 9 octobre dernier, la Cour suprême du Royaume-Uni a rendu son jugement dans l’affaire Enka c. Chubb1, une décision qui a fait grand bruit dans la

Saturday, November 21, 2020 7:00 PM

2019 caseload statistics show continued demand for arbitration by Malaysian parties

Last year, we examined the caseload statistics of various arbitral institutions with the aim of providing an empirical perspective on the

Thursday, November 19, 2020 7:00 PM

Arbitral tribunal competent to investigate jurisdiction of its own volition where respondent fails to participate (Swiss Supreme Court)

In Decision 4A_6182019, the Swiss Supreme Court dismissed an application to vacate an award based on the pleas of wrongful decision on jurisdiction

Thursday, November 19, 2020 7:00 PM

International: ICC rules update article

From 1 January 2021, the International Chamber of Commerce (ICC) will bring into force revised 2021 Rules of Arbitration ("2021 Rules"

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