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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. It also examined the implications of incorporating Japanese arbitration rules—with permissive, not mandatory, language stating arbitrators “may” rule on their own jurisdiction—on delegation.

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2024 PAW: Affaires d’Etats Vol. 3 – Amplifying the Voices of Developing States in ISDS Reform

Kluwer Arbitration

Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving the way for the re-legitimization of an inherently flawed system. Canada and E.U.

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Cross-Fertilisation in International Commercial Arbitration, Investor-State Arbitration and Mediation: The Good, the Bad and the Ugly?

Kluwer Arbitration

It teases out some connections or influences among ICA, investor-State arbitration (“ISA”), and international and domestic mediation, which I have also sought to represent visually in the graphic below. My address will take an even more encompassing view (and will be available as a full paper here after the public lecture).

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LIDW 2024: Bank Collapse and ISDS: Arbitration Strategy and Dramatis Personae

Kluwer Arbitration

Cameron Miles underscored that circumstances have changed since 2015 (see e.g. Po š tov á Banka v. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

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Arbitrators’ Duty to Disclose under Brazilian Law: The Case of Government Attorneys Seating as Arbitrators

Kluwer Arbitration

The government attorney, appointed as arbitrator by Petros, had previously acted under several capacities, between 2010 and 2015, at the governmental entity Superintendência Nacional de Previdência Complementar (“Previc”). The first one is a non-profit private entity, while the second is a standalone governmental body.

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State-Funded Arbitration Institutions and Responsibility under International Law: The Case of Istanbul Arbitration Centre

Kluwer Arbitration

The Prime Minister’s Office financed the Centre’s operations for the initial two years (spanning from January 1, 2015 to December 31, 2016), with the expectation of generating revenues from dispute resolution services afterwards.

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Enforcement of Foreign Awards in the UAE: Significant Progress Achieved

Kluwer Arbitration

613 of 2015 (Commercial). A number of factors have influenced this shift. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190