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2023 Year in Review: Switzerland (Part I: Scope of Arbitration Clause, Capacity of Discernment, Res Iudicata)

Kluwer Arbitration

Part I focuses on the scope of arbitration clause and its validity in the context of a party’s (in)capacity of discernment, as well as on the new developments regarding res iudicata. Part II explores new case law on the enforcement of arbitral awards. Please see Part II for further developments in 2023.

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Uruguay Found Liable in Treaty Dispute with Airline Company Investor

Kluwer Arbitration

This resulted in the forced sell of LARAH’s indirect shareholding in Pluna to the Uruguayan government in June 2012. After a review of all the facts and evidence, the Tribunal concluded that LARAH held a 100% stake in Leadgate/SARAH since April 30, 2012. Therefore, the Tribunal concluded that the FET under Article 4.1 of the Treaty.

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Navigating the Intersection of Sovereign Acts and Commercial Activities: Insights from Omega v. Panama

Kluwer Arbitration

Additionally, the Claimants claimed that Panama’s actions included a smear campaign, which involved a criminal investigation into corruption allegations against Mr. Rivera, damaging his global reputation. The Corruption Investigation The Claimants contended that Panama’s criminal investigation was not genuine.

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Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)

Kluwer Arbitration

In a survey conducted by the Global Arbitration Review (GAR) in 2022 on hearing centre preferences, AIAC was ranked at the forefront among other international institutions, having the highest number of hearing rooms and largest room capacity. In 2012, you oversaw the launch of the world’s first i-Arbitration rules (i.e.,

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Navigating Enforceability Challenges of the Patent Mediation and Arbitration Centre

Kluwer Arbitration

The UPC is one of the two existing “courts common to the Contracting Member States” for the purpose of article 71 of the Brussels Regulation 1215/2012 (the other being the Benelux Court of Justice ). The two-pronged system comprises the “Unified Patent Court” (UPC) and the “Patent Mediation and Arbitration Centre” (PMAC).

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Arbitrating Family Disputes in France

Kluwer Arbitration

England seems to perfectly understand the opportunity and necessity to use arbitration in such disputes in the domestic realm, thanks to the implementation in 2012 of the Institute of Family Law Arbitrators and the support of state judges. These changes should not be seen as a barrier to starting to use arbitration in family law right now.

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More Reasons to Trust Arbitration in the Bahamas – Examining the Key Takeaways From Gabriele Volpi v. Delanson Services Limited & 2 Others

Kluwer Arbitration

Background According to the Judgment , between 2006 and 2012, Gabriele settled three family trusts on nearly identical terms. This post examines the main takeaways from a decision that spotlights the Bahamas as a leading light for trust arbitration in the Caribbean and beyond. 91 of the Trustees Act.