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The new ICC Arbitration Rules: promoting a modern view of international arbitration
On 12 September 2011, the International Chamber of Commerce (ICC) officially unveiled its new Arbitration Rules (the 2012 Rules), which come into force …
The Court of Appeal rules on the arbitrability of shareholders claim
The question of the extent to which parties may agree to submit intra-corporate disputes, in particular claims under company legislation, to arbitration, …
UK Supreme Court overturns controversial Court of Appeal ruling in Jivraj v Hashwani: arbitrators are not employees within the scope of UK anti-discrimination legislation
In a much anticipated ruling, the UK Supreme Court has clarified the status of arbitrators and confirmed that they are not employees, but "independent …
ICSID – repeat appointments potentially relevant to applications for disqualification of an arbitrator
In OPIC Karimum v Venezuela the claimant, OPIC, requested the disqualification of the arbitrator appointed by Venezuela, Professor Philippe Sands, on the …
Court of Cassation confirms setting aside of award for lack of due process where a tribunal had based its finding on a principle of law not discussed during the hearing
In 1998 Overseas Mining Investments Ltd (OMI), a privately held company incorporated in the Channel Islands, entered into a joint venture agreement with …
Amsterdam Court of Appeal finding that Russian court's annulment of an arbitral award was the result of a "partial and dependent judicial process" gives rise to an issue estoppel in England
In Yukos Capital v OJSC Rosneft Oil Co the English High Court considered two preliminary issues in enforcement proceedings brought by Yukos Capital, in …
Hong Kong Court of Final Appeal clarifies law of sovereign immunity in Hong Kong, with important implications for contracts with State entities
In its provisional judgment in Democratic Republic of the Congo v. FG Hemisphere Associates the Hong Kong Court of Final Appeal (CFA) found that absolute …
UN Human Rights Council endorses new Guiding Principles on Business and International Human Rights
On 16 June 2011, the UN Human Rights Council (the "Council") endorsed the "Guiding Principles on Business and Human Rights" (the "Guiding Principles"). …
New Hong Kong Arbitration Ordinance comes into effect
The new Hong Kong Arbitration Ordinance (Cap. 609) (the "Ordinance") comes into effect today, having been approved by the Hong Kong Legislative Council …
International Court of Justice declines jurisdiction in dispute between Georgia and the Russian Federation
On 1 April 2011, the International Court of Justice (the "ICJ") decided it had no jurisdiction to hear an application by Georgia concerning Russia's …
Australia goes against the trend with investor-state dispute settlement
To read please click here.
West Tankers: The saga continues – has West Tankers found a way around the ECJ's judgment, enabling it to frustrate the Italian proceedings that it earlier failed to injunct?
On 6 April 2011, in the latest instalment of the West Tankers dispute, the Commercial Court in London upheld an earlier order for enforcement of a …
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