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Kluwer Arbitration Blog: Celebrating 15 Years!

Kluwer Arbitration

With the successful launch of Kluwer Arbitration database in 2001, we thought it would be beneficial to also offer a blog that would generate interesting commentary on the latest developments in the field of international commercial arbitration. Watch out for the announcement and very much look forward to seeing everybody in Hong Kong!

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I Know the Witnesses and I Will Believe Them; There is No Need for Cross-Examination: A Rare Example of Arbitrator Bias Before English Courts

Kluwer Arbitration

Trade expertise is to assist in understanding technical evidence, not to provide evidence for a party who has chosen not to participate. Finally, of relevance for the Court was Bubbles & Wine v Lusha [2018] EWCA Civ 468. The views expressed in this post are the author’s own.

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Inquisitorial Processes, or: Can Singapore Courts or Arbitral Tribunals Engage in the Amicable Settlement of Disputes?”

Kluwer Arbitration

There are two statutory regimes for arbitrations seated in Singapore, the Arbitration Act 2001 (AA) for domestic arbitrations and the International Arbitration Act 1994 (IAA) for international arbitrations. The courts’ facilitative role does not extend to permitting or even requiring a court to become actively involved in settlement efforts.

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New York Arbitration Week 2023 Recap – Highlights from the 18th Annual Fordham Conference on International Arbitration and Mediation

Kluwer Arbitration

The discussion highlighted the common ethical standards applicable in Singapore Convention mediations and the differences in approach that might be taken based on the different cultural backgrounds and expectations of the participants. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here.

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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

Relevant Background According to the award , in 2001, Colombia adopted its Mining Code (Law 685), which provides that mining rights are vested if (i) a mining title exists, (ii) an environmental license is issued, and (iii) a Mining Works Program (“PTO”) has been approved. We do not discuss the tribunal’s jurisdictional reasoning.

Balance 52
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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

Relevant Background According to the award , in 2001, Colombia adopted its Mining Code (Law 685), which provides that mining rights are vested if (i) a mining title exists, (ii) an environmental license is issued, and (iii) a Mining Works Program (“PTO”) has been approved. We do not discuss the tribunal’s jurisdictional reasoning.

Balance 52
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Inquisitorial Processes, Or: Can Singapore Courts or Arbitral Tribunals Engage in the Amicable Settlement of Disputes?

Kluwer Arbitration

There are two statutory regimes for arbitrations seated in Singapore, the Arbitration Act 2001 (AA) for domestic arbitrations and the International Arbitration Act 1994 (IAA) for international arbitrations. The courts’ facilitative role does not extend to permitting or even requiring a court to become actively involved in settlement efforts.

Import 52