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Arbitration & ADR

13 September 2018
Luciano Timm Superior Court of Justice rules on consequences of successful challenges to arbitral awards

Brazil - Carvalho, Machado e Timm Advogados

The Superior Court of Justice recently decided on the consequences of a successful application to set aside an arbitral award. The court's decision resulted from a declaration by the state courts that the nullity of arbitral awards is provided for in Article 33 of the Arbitration Act. Notably, this case was considered under the original version of the Arbitration Act (ie, before its 2015 amendment) due to the date on which the lawsuit had been filed.

Author: Luciano Timm
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Jeevan Ballav Panda Arbitration and Conciliation (Amendment) Bill 2018: coherence or chaos?

India - Khaitan & Co

Following the enforcement of the Arbitration and Conciliation (Amendment) Act 2015, the Arbitration and Conciliation (Amendment) Bill 2018 proposes to further amend the Arbitration and Conciliation Act 1996. The bill is another step by policymakers towards making India "a robust centre for international and domestic arbitration" and attempts to make it an investor-friendly jurisdiction and a preferred seat of arbitration for dispute resolution.

Authors: Jeevan Ballav Panda, Shalini Sati Prasad, Meher Tandon
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Okan Demirkan Application of competence-competence principle

Turkey - Kolcuoğlu Demirkan Koçaklı Attorneys at Law

The United Nations Commission on International Trade Law Model Law adopts the principles of competence-competence and the separability of arbitration agreements. Under these principles, an arbitral tribunal may rule on its own jurisdiction, including any objection with respect to the existence and validity of an arbitration agreement. In 2001 the International Arbitration Law introduced these principles to Turkish legislation.

Authors: Okan Demirkan, Cihan Mercan
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Recent updates

Maciej Durbas Arbitral tribunals must consider all evidence or risk violating public policy

Poland - Kubas Kos Gałkowski

Authors: Maciej Durbas, Rafał Kos
Ibifubara Berenibara Enforcement of arbitral awards – the time factor

Nigeria - ǼLEX

Author: Ibifubara Berenibara
Katie Connolly California loosens restrictions on counsel in international arbitrations

USA - Norton Rose Fulbright

Author: Katie Connolly
Marie Berard High Court refuses to restrain EU court proceedings brought in breach of arbitration agreement

United Kingdom - Clifford Chance LLP

Authors: Marie Berard, Anna Kirkpatrick
Sherina Petit Awards set aside or annulled at seat – zombies, ghosts and buried treasure

International - Norton Rose Fulbright

Authors: Sherina Petit, Ben Grant
Zeina Obeid Arbitration in commercial representation disputes: walking the line between tradition and modernism

Lebanon - Obeid Law Firm

Authors: Zeina Obeid, Ziad Obeid
Okan Demirkan Jurisdictional objections based on arbitration agreements – an overview

Turkey - Kolcuoğlu Demirkan Koçaklı Attorneys at Law

Authors: Okan Demirkan, Cihan Mercan
Ulrika Anderson Effects of 'ostrich approach' on right to challenge enforcement of foreign arbitral awards

Sweden - Norburg & Scherp Advokatbyrå

Author: Ulrika Anderson