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The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?

Kluwer Arbitration

This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. However, the recent ICSID arbitral practice since 2013 demonstrates the adoption of the lower UNCITRAL standard through the acknowledgement of the Blue Bank test.

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Examining the Delegation of the Power to Determine Arbitrability: Insights from Fujitsu Semiconductor Ltd. v. Cypress Semiconductor Corp.

Kluwer Arbitration

Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. Details of the Fujitsu ruling and its broader implications for the arbitration landscape follow below. Myriad Group A.G. , 3d 1069 (9th Cir.

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Brexit 2.0: The United Kingdom Leaves the Energy Charter Treaty

Kluwer Arbitration

In already formally notifying its withdrawal, the UK has therefore put itself into a position where it can no longer influence which version of the ECT it will sail into the sunset. Hence, a continuity of binding obligations could only be established with respect to the treaty prior to its modernization.

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LIDW 2024: Shifting Attitudes Towards Third Party Funding – Views From Across the Globe

Kluwer Arbitration

As such, it served as a useful reminder to arbitration practitioners that regulatory approaches in respect of one might well influence attitudes towards the other. Mr Thakerar was of the opinion that costs should be recoverable and deplored a 2013 legislative change in the UK whereby success fees are no longer recoverable.

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Ascendancy of Institutional Arbitration in the Gulf: Abu Dhabi Adds New International Arbitration Centre

Kluwer Arbitration

Founded in 1993, ADCCAC offered case management services, hearing rooms, and a set of arbitration rules that were last updated in 2013. Time will tell how this competitive environment will influence the performance and appeal of these institutions on the international stage.

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Young Arbitrators Sweden (YAS) Arbitration Day 2023 Recap: Celebrating 20 Years of Innovation and the Advantages of the Odd “Loose Cannon”

Kluwer Arbitration

The influence of counsel was often more discernible in written witness statements than oral evidence. The SCC’s Prima Facie Decisions on Jurisdiction In April 2023, the SCC released its practice note Prima Facie Jurisdiction between 2013–2023. By requesting a detailed PO1, the parties can set their expectations for the tribunal.

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A New Dawn: Sunrise of Caribbean Arbitration as ITA Launches Initiative to Support its Development

Kluwer Arbitration

There is also the influence of the socialist legal tradition on the legal system in Cuba. All other jurisdictions in the Region have outdated arbitration legislation influenced by now-repealed old English Arbitration Acts. Lucia (a mixed system of common law and civil law), and Guyana (a mixed system of common law and Roman-Dutch Law).

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