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Arbitration & ADR

13 June 2019
James Morgan-Payler Construction disputes: maximising time and cost efficiencies

International - Norton Rose Fulbright

In construction disputes, a significant amount of legal time (and therefore expense) is often spent simply locating and trying to understand the relevance of key documents because of poor document management practices throughout the project lifecycle. Establishing clear guidelines for document management and information collection is critical and will assist contractors and suppliers in making and evidencing claims in arbitration.

Authors: James Morgan-Payler, Danielle Strain
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Jeroen Van Hezewijk New model BIT: negotiations to commence soon

Netherlands - Freshfields Bruckhaus Deringer LLP

In 2018 the government adopted its new model bilateral investment treaty (BIT). Following this adoption, the government has now obtained the authorisation required to start the renegotiations with eight non-EU countries and conclude new BITs with two others. The government has made clear that the new model BIT is intended to serve as an opening offer that sets the scene for the negotiations. However, as each negotiation will have its own dynamic, it is difficult to predict what the new Dutch BITs will look like.

Authors: Jeroen Van Hezewijk, Sandra Coelen, Alexander Schurink
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Vsevolod Volkov Changes to approach favouring enforcement against assets indirectly owned by foreign states?

Ukraine - Everlegal

Following a recent Supreme Court decision, the outlook for recovery following the enforcement of the Everest Estate arbitral award against Russian assets in Ukraine does not look particularly optimistic. However, the chances of recovery may increase if the Ukraine Cabinet of Ministers exercises its powers under the International Private Law to allow enforcement against assets indirectly owned or controlled by Russia – and the grounds for exercising such power continue to mount.

Author: Vsevolod Volkov
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Recent updates

Marie Berard Court grants third party access to confidential arbitration documents for disciplinary proceedings against arbitrator

United Kingdom - Clifford Chance

Authors: Marie Berard, James Dingley
Constantinos Pashiardis Court clarifies application of Article VI of New York Convention

Cyprus - George Z Georgiou & Associates LLC

Author: Constantinos Pashiardis
C Mark Baker New York Appellate Division confirms narrow scope of manifest disregard doctrine

USA - Norton Rose Fulbright

Authors: C Mark Baker, Lena Serhan, Deirdre Walker, Aarti Thadani
James Rogers Expert evidence: practical tips for managing party-appointed experts

International - Norton Rose Fulbright

Authors: James Rogers, Amy Armitage
Maciej Durbas State court not obliged to review arbitral case file

Poland - Kubas Kos Gałkowski

Authors: Maciej Durbas, Rafał Kos
K Shanti Mogan Court of Appeal determines that negative declaratory arbitration awards are enforceable

Malaysia - Shearn Delamore & Co

Author: K Shanti Mogan
Madeleine Thörn Arbitral award set aside for violation of due process

Sweden - Norburg & Scherp

Authors: Madeleine Thörn, Fredrik Norburg
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