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Arbitration & ADR

21 January 2021
Matthew Buckle Disruptive technologies in mining industry: opportunities, risk mitigation and resolving disputes

International - Norton Rose Fulbright

Technological innovation continues to disrupt the status quo in established industries. While new technologies offer many opportunities within the mining industry, the corresponding risks and potential disputes are not far off. Parties must ensure that they incorporate appropriate contractual protections but also effective and enforceable mechanisms for enforcing their contracts and resolving disputes. A robust and broad arbitration agreement remains one important part of risk mitigation.

Author: Matthew Buckle
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Maciej Durbas Lack of funds does not enable parties to escape arbitration

Poland - Kubas Kos Gałkowski

Arbitration does not provide for legal aid or an exemption from paying costs. Some regard this as a disadvantage of alternative dispute resolution. One party's lack of funds to pay for its share of arbitration costs can indeed deprive it of its day in arbitration court. This issue recently came before the Warsaw Court of Appeals, which decided that a party's lack of funds to launch arbitration does not render the arbitration agreement defective.

Authors: Maciej Durbas, Rafał Kos
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Recent updates

Philippe Hameau Mining arbitration: recent dispute trends

Africa - Norton Rose Fulbright

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

India - Khaitan & Co

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