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Arbitration & ADR

30 May 2019
Constantinos Pashiardis Court clarifies application of Article VI of New York Convention

Cyprus - George Z Georgiou & Associates LLC

In a recent Limassol District Court case, the applicants applied for the recognition and enforcement of an arbitral award issued by the Arbitration Institute of the Stockholm Chamber of Commerce. The case is one of the first examples of the judicial interpretation and application of Article VI of the New York Convention by the Cypriot courts and serves as a useful guide to the proper procedure to be followed by parties when invoking said article.

Author: Constantinos Pashiardis
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James Rogers Expert evidence: practical tips for managing party-appointed experts

International - Norton Rose Fulbright

The expert phase is often the most critical, and sometimes costly, part of the arbitration process. Thus, choosing the right expert is crucial. This means ensuring not only that the expert has the appropriate qualifications, technical expertise and reputation in the relevant field, but also (if possible) suitable experience of the dispute process and of writing expert reports and giving evidence in adversarial proceedings. This article offers some practical tips for managing party-appointed experts in arbitrations.

Authors: James Rogers, Amy Armitage
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Marie Berard Court grants third party access to confidential arbitration documents for disciplinary proceedings against arbitrator

United Kingdom - Clifford Chance

A recent High Court decision concerning access to confidential documents illustrates the limits to the implied duty of confidentiality arising out of arbitration proceedings in English law. While the court was supportive of the general principle that arbitration proceedings are to be treated as confidential, it also demonstrated its willingness to depart from this general principle should one of the identified exceptions apply.

Authors: Marie Berard, James Dingley
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C Mark Baker New York Appellate Division confirms narrow scope of manifest disregard doctrine

USA - Norton Rose Fulbright

The New York Appellate Division has reaffirmed that the manifest disregard doctrine is a "severely limited… doctrine of last resort" that requires more than a mere error of law to warrant vacating an arbitral award. This case involved the acquisition contracts between Daesang and NutraSweet, under which NutraSweet could rescind the deal if it was sued for antitrust law violations. After NutraSweet exercised this right, Daesang commenced an arbitration proceeding for breach of contract.

Authors: C Mark Baker, Lena Serhan, Deirdre Walker, Aarti Thadani
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Recent updates

K Shanti Mogan Court of Appeal determines that negative declaratory arbitration awards are enforceable

Malaysia - Shearn Delamore & Co

Author: K Shanti Mogan
Katie McDougall Dispute resolution for multi-contract projects: avoiding parallel proceedings and conflicting decisions

International - Norton Rose Fulbright

Authors: Katie McDougall, Hector Sharp
Matthew Kirtland Disclosure in international arbitration: using US courts to obtain discovery for non-US proceedings

USA - Norton Rose Fulbright

Authors: Matthew Kirtland, Katie Connolly
Madeleine Thörn Arbitral award set aside for violation of due process

Sweden - Norburg & Scherp

Authors: Madeleine Thörn, Fredrik Norburg
Maciej Durbas State court not obliged to review arbitral case file

Poland - Kubas Kos Gałkowski

Authors: Maciej Durbas, Rafał Kos
Xing Xiusong Mainland China and Hong Kong agree mutual interim measures to aid arbitral proceedings

China - Global Law Office

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

France - Freshfields Bruckhaus Deringer LLP

Authors: Gisele Stephens-Chu, Nora Bellec
Frank Spoorenberg Award upheld despite violation of right to be heard

Switzerland - Tavernier Tschanz

Authors: Frank Spoorenberg, Daniela Franchini