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Arbitration & ADR

11 April 2019
Tiago Faganello CAM-CCBC settles 20-year dispute over largest container port in South America

Brazil - Carvalho, Machado e Timm Advogados

A recent decision rendered by an arbitral tribunal constituted under the Centre for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada has ended a 20-year dispute over the largest container port in South America. The outcome of this arbitration is positive, as it demonstrates that Brazil's arbitral framework is well established and well functioning – even in disputes involving public administration.

Author: Tiago Faganello
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Alexandra Gerungan BANI legal status up in the air

Indonesia - Makarim & Taira S

The Indonesia National Board of Arbitration (BANI) was established in 1977. In 2016 the Ministry of Law and Human Rights created BANI Pembaharuan (ie, the Renewed BANI), which claims that it is a revised version of the original BANI. However, the original BANI does not recognise the Renewed BANI and claims that it has been using the BANI name unlawfully. This duality could create uncertainty when commercial parties wish to appoint BANI as their dispute settlement forum.

Authors: Alexandra Gerungan, Harris Syahni Toengkagie
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Philip Jeyaretnam Need for speed: get your anti-suit injunction fast!

Singapore - Dentons Rodyk

Parties entering into arbitration agreements ordinarily abide by their contractually chosen dispute resolution mechanism and proceed accordingly. However, counterparties sometimes start proceedings in a foreign jurisdiction in breach of an arbitration clause. A recent Singapore Court of Appeal decision sets out firm guidance that a party that finds itself in this scenario should act as fast as possible to restrain the counterparty by way of an anti-suit injunction.

Authors: Philip Jeyaretnam, Shobna Chandran
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Matej Kosalko Has Slovakia become an arbitration-friendly jurisdiction?

Slovakia - Allen & Overy Bratislava sro

In 2018 the Slovak courts addressed a number of issues while upholding arbitral awards, suggesting that the jurisdiction is becoming more arbitration friendly. This article explores two of these issues – namely, whether courts should review the application of substantive law and facts established by tribunals and the use of public policy as grounds for setting aside an award.

Author: Matej Kosalko
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Marie Berard Court upholds tribunal's jurisdiction over settlement agreement lacking express arbitration clause

United Kingdom - Clifford Chance

The High Court recently found that a tribunal had jurisdiction over a dispute that arose from a settlement agreement lacking an express arbitration clause. The decision serves as a reminder of the delays and additional costs that may be incurred if an agreement is unclear as to the applicable dispute resolution mechanism. Parties can reduce the risks of such delays and costs by including an express dispute resolution clause in settlement agreements.

Authors: Marie Berard, Benjamin Barrat
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Recent updates

K Shanti Mogan Court clarifies test applicable to applications to restrain arbitration proceedings by non-parties

Malaysia - Shearn Delamore & Co

Authors: K Shanti Mogan, Yiew De Quan
Constantinos Pashiardis District court rejects public policy argument against recognition of arbitral award

Cyprus - George Z Georgiou & Associates LLC

Author: Constantinos Pashiardis
Hugh A Meighen Attempting to consolidate arbitral and non-arbitrable disputes can compromise arbitration agreements

Canada - Borden Ladner Gervais LLP

Author: Hugh A Meighen
Jiuguang Zhao Are recordings made without counterparty's consent admissible as evidence in arbitration?

China - Global Law Office

Authors: Jiuguang Zhao, Yunjian Hou
Costanza Mariconda Supreme Court of Cassation rules on nullity of arbitral award for late delivery of decision

Italy - Mariconda e Associati Studio Legale

Author: Costanza Mariconda
Chakrapani Misra Arbitrability of consumer disputes: loophole in Booz Allen framework?

India - Khaitan & Co

Authors: Chakrapani Misra, Sairam Subramanian, Rajeswari Mukherjee
Madeleine Thörn Arbitral award challenge based on Achmea unsuccessful

Sweden - Norburg & Scherp Advokatbyra

Authors: Madeleine Thörn, Fredrik Norburg
Jeroen Van Hezewijk New Court of Arbitration for Art established

Netherlands - Freshfields Bruckhaus Deringer LLP

Authors: Jeroen Van Hezewijk, Sandra Coelen