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Arbitration & ADR

14 January 2021
Philippe Hameau Mining arbitration: recent dispute trends

Africa - Norton Rose Fulbright

Africa's economic growth has historically been linked to the fluctuation of commodity prices and it supplies significant amounts of minerals in global demand. Against this background, some states and state-owned counterparts of mining investors in Africa have taken a series of measures perceived by investors as an attempt to force them to renegotiate their long-term agreements. This has led to an increase in disputes concerning legislative changes, joint venture agreements and environmental issues.

Authors: Philippe Hameau, Janice Feigher, Marc Robert, Chloé Deydier
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Ajay Bhargava Conundrum of accord and satisfaction when appointing arbitral tribunals

India - Khaitan & Co

There are several ways in which parties can discharge their contractual obligations – for example, the doctrine of accord and satisfaction. The jurisprudence surrounding this doctrine encompasses contract law, tort law and, more recently, arbitration law, bringing to the fore the issues of whether an arbitration clause in an original contract survives in the substituted settlement and whether an arbitrable dispute exists for the purposes of the appointment of an arbitrator by the courts.

Authors: Ajay Bhargava, Aseem Chaturvedi, Shivank Diddi, Khushbu Singh
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Recent updates

Marie Berard Supreme Court clarifies test of arbitrator impartiality and arbitrators' duty of disclosure

United Kingdom - Clifford Chance

Authors: Marie Berard, Anna Kirkpatrick, Olivia Johnson
Martin J Valasek Streaming finance agreements: a dispute resolution perspective

International - Norton Rose Fulbright

Authors: Martin J Valasek, Geoffrey G Gilbert
Nikolaus Pitkowitz Can eye rolling be a reason to challenge an arbitrator?

Austria - Graf & Pitkowitz Rechtsanwalte GmbH

Author: Nikolaus Pitkowitz
Lucia Raimanova Termination of BITs: where does this leave Slovakia?

Slovakia - Allen & Overy LLP

Author: Lucia Raimanova
Raúl Herrera Hazas When can an arbitration tribunal's competence be challenged?

Mexico - Becerril Coca & Becerril SC

Author: Raúl Herrera Hazas
Nandini Khaitan Supreme Court's fresh take on parallel arbitration clauses

India - Khaitan & Co

Authors: Nandini Khaitan, Aakash Bajaj, Shreya Singh