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Arbitration & ADR

20 February 2020
Eamon Harrison Courtenay International arbitration: key legislative developments

Belize - Courtenay Coye LLP

Arbitration in Belize is governed by the Arbitration Act. As the act was last amended in 1980, it has become somewhat outdated. However, these amendments assisted in Belize's assimilation of a modern arbitration enforcement regime by incorporating the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 into domestic law. In 2017 legislation was enacted that has directly affected the enforcement of foreign arbitral awards in Belize and abroad.

Authors: Eamon Harrison Courtenay, Stacey N Castillo
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Kingshuk Banerjee Insufficiently stamped agreements: can parties still seek interim relief in support of India-seated arbitrations?

India - Khaitan & Co

The Supreme Court recently held that the courts cannot appoint an arbitrator on the basis of an arbitration clause if the agreement containing such clause is insufficiently stamped. The court concluded that such an arbitration clause does not exist in law. In so doing, the court expressly overruled a prior decision of the Bombay High Court to the extent that it dealt with the powers of the courts under Section 11 of the Arbitration and Conciliation Act.

Authors: Kingshuk Banerjee, Ritvik Kulkarni
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Frank Spoorenberg Partial annulment of award based on ultra petita grounds

Switzerland - Tavernier Tschanz

A recent case addressed the partial annulment of an award which granted damages where the prayer for relief sought only a declaration (ultra petita). In addition to confirming the well-established line of decisions on penalty and substantive public order, this decision is among the few annulments, albeit partial, of an international award by the Supreme Court.

Authors: Frank Spoorenberg, Daniela Franchini
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Recent updates

K Shanti Mogan Court discharges interim injunctions granted pursuant to Section 11 of Arbitration Act

Malaysia - Shearn Delamore & Co

Authors: K Shanti Mogan, Yiew De Quan
Maciej Durbas Res iudicata saga continues

Poland - Kubas Kos Gałkowski

Authors: Maciej Durbas, Rafał Kos
Pedro Cortés New Arbitration Law eradicates dual system

Macau - Rato, Ling, Lei & Cortés Advogados

Authors: Pedro Cortés, Madalena Perestrello
Raúl Herrera Hazas Use of precautionary measures in arbitration

Mexico - Becerril Coca & Becerril SC

Author: Raúl Herrera Hazas