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Arbitration & ADR

16 May 2019
Xing Xiusong Mainland China and Hong Kong agree mutual interim measures to aid arbitral proceedings

China - Global Law Office

Mainland China and Hong Kong recently signed the Arrangement Concerning Mutual Assistance in Court-Ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region. Historically, it has been impossible for parties to arbitral proceedings with a seat outside mainland China to obtain interim measures from mainland courts. This situation will change completely after the arrangement comes into force.

Authors: Xing Xiusong, Wang Heng, Xue Chunyu
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Gisele Stephens-Chu French court rules that mandatory expert determination provisions do not render arbitration clauses inapplicable

France - Freshfields Bruckhaus Deringer LLP

The Court of Cassation recently confirmed the quasi-absolute priority given to arbitral tribunals to determine questions relating to their jurisdiction, even when this involves rules of French public order. Although this is well established in French case law, it is the first time that the court has upheld an arbitration clause that conferred on a tribunal the statutory power to value shares in lieu of a party-appointed or judicially appointed expert.

Authors: Gisele Stephens-Chu, Nora Bellec
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Recent updates

Matej Kosalko Termination of contract does not terminate arbitration clause

Slovakia - Allen & Overy LLP

Author: Matej Kosalko
Dimitri N Cocalis Comprehensive guidance for recognition and enforcement of foreign arbitral awards

Greece - Cocalis & Partners

Author: Dimitri N Cocalis
Frank Spoorenberg Award upheld despite violation of right to be heard

Switzerland - Tavernier Tschanz

Authors: Frank Spoorenberg, Daniela Franchini
Anke C Sessler Is effective intra-EU investment protection ending?

European Union - Skadden Arps Slate Meagher & Flom LLP

Authors: Anke C Sessler, Max Stein
Jeroen Van Hezewijk The future is now (or is it?): net-ARB, Inc online award not recognised due to lack of due process

Netherlands - Freshfields Bruckhaus Deringer LLP

Authors: Jeroen Van Hezewijk, Sandra Coelen
Costanza Mariconda Supreme Court of Cassation rejects appeal of arbitral award for alleged violation of substantive rules

Italy - Mariconda e Associati Studio Legale

Author: Costanza Mariconda
Jeevan Ballav Panda Enforcement of foreign awards: does violation of legal provision equate to contravention of fundamental policy?

India - Khaitan & Co

Authors: Jeevan Ballav Panda, Satish Padhi
Alexandra Gerungan BANI legal status up in the air

Indonesia - Makarim & Taira S

Authors: Alexandra Gerungan, Harris Syahni Toengkagie

Upcoming event

IBA - Maritime and Transport Law Conference: Opportunities and Risks in Shipping in 2019

21-22 May 2019 – Oslo, Norway

This leading conference will once again bring together practitioners from around the globe to discuss the latest developments in Maritime law including discussions on Maritime claims against governments, marine insurance, IMO sulphur emissions limits and many more topics.

For more details go to: