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Arbitration & ADR

December 07 2017
Francisco Gonzalez Interpretation of international arbitration agreements

Chile - González & Rioseco Abogados

As with any other contract, general rules of interpretation are crucial to ascertain the scope and reach of arbitration agreements. The Supreme Court recently missed the chance to provide a sharper and more sophisticated decision concerning the applicable legal rules of interpretation of arbitration agreements, which is a crucial matter for the uniform enforcement of international commercial arbitration agreements.

Authors: Francisco Gonzalez, Javier Maturana
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James Rogers Arbitrating smart contract disputes

International - Norton Rose Fulbright US LLP

Smart contracts are a hot topic in almost every industry sector. There is a misconception that, because they perform automatically and their performance cannot be stopped, they remove the potential for disputes. At least for the moment, this is wishful thinking. Although smart contracts provide huge potential benefits in terms of reducing transaction costs and increasing security, disputes can and will arise.

Authors: James Rogers, Harriet Jones-Fenleigh, Adam Sanitt
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Frank Spoorenberg Supreme Court reconfirms requirements for appointment of independent tribunal expert

Switzerland - Tavernier Tschanz

In a recently published decision, the Supreme Court rejected a challenge on the basis that the arbitral tribunal's refusal to appoint a tribunal expert was not a violation of the applicant's right to be heard. With respect to the annulment proceedings and grounds for annulment, this decision seems to express limitations to the formal nature of the right to be heard in adversarial proceedings, at least in respect of the right to adduce evidence.

Authors: Frank Spoorenberg, Daniela Franchini
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Recent updates

Locklyn Price Stay out of it – sophisticated parties can contract out of arbitration legislation

Canada - Borden Ladner Gervais LLP

Authors: Locklyn Price, Michael A Marion
Marina K Vassiliou Court rules that pending appeal does not suspend arbitral award

Cyprus - George Z Georgiou & Associates LLC

Author: Marina K Vassiliou
Frank Spoorenberg Supreme Court rules on waiver of challenge

Switzerland - Tavernier Tschanz

Authors: Frank Spoorenberg, Daniela Franchini
Luciano Timm Arbitration in labour law

Brazil - Carvalho, Machado e Timm Advogados

Author: Luciano Timm
Dylan McKimmie Managing disclosure in face of data explosion

International - Norton Rose Fulbright US LLP

Authors: Dylan McKimmie, Alison G FitzGerald
Adedapo Tunde-Olowu Court of Appeal confirms Tax Appeal Tribunal's jurisdiction to determine tax disputes

Nigeria - ǼLEX

Authors: Adedapo Tunde-Olowu, Adefolake Adewusi
Okan Demirkan Does an arbitrator's nationality constitute a restriction on appointment?

Turkey - Kolcuoğlu Demirkan Koçaklı Attorneys at Law

Authors: Okan Demirkan, Cansu Celik
Fredrik Norburg Jura novit curia in Swedish arbitration

Sweden - Norburg & Scherp Advokatbyrå

Authors: Fredrik Norburg, Ulrika Anderson