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Arbitration & ADR

19 March 2020
Raúl Herrera Hazas ADR: pros and cons

Mexico - Becerril Coca & Becerril SC

Over the past three decades, alternative dispute resolution (ADR) has increased in popularity to the point that most parties appear to prefer it to having the courts resolve their conflicts. The benefits of ADR are flexibility, reduced costs and the opportunity to actively participate in the resolution of the dispute. However, these benefits depend on the parties voluntarily honouring the commitments adopted during the ADR proceedings.

Author: Raúl Herrera Hazas
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Marie Berard High Court rejects jurisdictional challenge to investment treaty arbitration award

United Kingdom - Clifford Chance

In a rare consideration of an investment treaty award, the High Court broadly interpreted the meaning of 'investor' and 'investment' in the bilateral investment treaty between the governments of South Korea and Iran. The decision is also interesting in its comment that the question of attribution is not a jurisdictional issue.

Authors: Marie Berard, Benjamin Barrat
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Recent updates

Ajay Bhargava Enforcement of interim orders passed by arbitral tribunals seated outside India

India - Khaitan & Co

Authors: Ajay Bhargava, Arvind Kumar Ray, Vansha Sethi Suneja
Anke C Sessler Need for speed – revised DIS Rules for Expedited Proceedings

Germany - Skadden Arps Slate Meagher & Flom LLP

Authors: Anke C Sessler, Max Stein, Christine Russ
Eamon Harrison Courtenay International arbitration: outlook

Belize - Courtenay Coye LLP

Authors: Eamon Harrison Courtenay, Stacey N Castillo
Constantinos Pashiardis District court examines scope of arbitration agreements and arbitrability of dispute

Cyprus - George Z Georgiou & Associates LLC

Author: Constantinos Pashiardis
Maciej Durbas Words, words, words: concise reasoning not grounds to vacate award

Poland - Kubas Kos Gałkowski

Authors: Maciej Durbas, Rafał Kos
Frank Spoorenberg Partial annulment of award based on ultra petita grounds

Switzerland - Tavernier Tschanz

Authors: Frank Spoorenberg, Daniela Franchini