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A Brief Analysis of the Legal Background Surrounding Arbitration and the Enforcement of Foreign Arbitral Awards in Brazil
Author: Silva Zarazinski | Publish Date: 24 March 2018In the past decade, the legal landscape in Brazil has changed significantly to better accommodate alternative dispute resolution methods, including mediation, conciliation, and arbitration. Brazil recently revised its Civil Procedure Code (Law 13.105/2015) and its arbitration law (Law 13.129/2015). It also enacted a mediation law (Law No. 13.140/2015). These major… -
Equal Access to Information & Justice: The Huge Potential of Online Dispute Resolution Greatly Underexplored (II)
Author: Mirèze Philippe | Publish Date: 12 September 2017As mentioned in Part I, a two-day conference on “Equal Access to Information & Justice, Online Dispute Resolution”, organised by the ICC took place in Paris on 12-13 June. Over 160 lawyers, magistrates, academics, researchers, dispute resolution organisations and online dispute resolution providers, from over 30 countries and representing each…
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Equal Access to Information & Justice: The Huge Potential of Online Dispute Resolution Greatly Underexplored (I)
Author: Mirèze Philippe | Publish Date: 11 September 2017A two-day conference on “Equal Access to Information & Justice, Online Dispute Resolution”, organised by the ICC took place in Paris on 12-13 June. Over 160 lawyers, magistrates, academics, researchers, dispute resolution organisations and online dispute resolution providers, from over 30 countries and representing each continent attended. The conference was…
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Redressing the Balance: The Path Ahead for Gender and Generational Diversity on Arbitral Tribunals
Author: Mirèze Philippe | Publish Date: 31 October 2016On 19 September 2016, Freshfields hosted an ICC YAF event at its London offices on gender diversity in arbitration and the Pledge for Equal Representation in Arbitration (“Pledge”), a topic which has been the centre of discussions on panels organised by ArbitralWomen around the world. The Pledge initiative, orchestrated by…
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One Step Further after the Launch of the ERA Pledge: A Search Service for Female Arbitrators Appointments
Author: Mirèze Philippe | Publish Date: 08 September 2016The Equal Representation in Arbitration (ERA) Pledge (“Pledge”) launched on 18 May 2016 in London had the effect of a snowball that grew bigger and bigger since Sylvia Noury and her colleagues at Freshfields organised dinners around the world, to discuss the under-representation of women arbitrators and the need for…
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Equal Representation in Arbitration (ERA) Pledge: A Turning Point in the Arbitration History for Gender Equality
Author: Mirèze Philippe | Publish Date: 02 June 2016The launch of the Equal Representation in Arbitration (ERA) Pledge on 18 May 2016 in London marks a historic moment in international arbitration. The Pledge is a call to the international dispute resolution community to commit to increase the number of female arbitrators on an equal opportunity basis. All players…
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Hypochondria About the Place of Arbitration in Online Proceedings
Author: Mirèze Philippe | Publish Date: 16 September 2015Hypochondria is defined as an excessive preoccupation with one’s health, usually focusing on some particular symptom. Could excessive preoccupation about the place of arbitration in online dispute resolution be assimilated to hypochondria? Are discussions that we hear from time to time and recently during the electronic conference on Technology in…
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The PRC’s New Provisions on Recognition and Enforcement of Taiwan’s Civil Judgments and Arbitral Awards
Author: Helena Chen | Publish Date: 25 August 2015To enforce a Taiwan’s award or civil judgment in the mainland China, a party has to refer to PRC’s regulations, which were released by the Supreme People’s Court (“SPC”) and have recently been amended. The new SPC’s “Provisions on Recognition and Enforcement of Taiwan Courts’ Civil Judgments” and “Provisions on… -
International Commercial Arbitration in Romania: Can the New Changes Release the Tension Instilled in the Past?
Author: Cristina Elena Candea | Publish Date: 01 December 2014In August 2014, the Court of Arbitration attached to the Romanian Chamber of Commerce and Industry amended its arbitration rules and returned to the long-standing principle of party autonomy in the constitution of tribunals. Prior to that, for a period of roughly two years, the Court promoted an appointment mechanism… -
Effective Management of Arbitration; A Guide for In-House Counsel and Other Party Representatives
Author: Mirèze Philippe | Publish Date: 22 July 2014In this blog, the launch of the Guide for In-House Counsel and Other Party Representatives on Effective Management of Arbitration Guide (‘Guide’) is reported. Time and costs in arbitration is a debate that started several years ago and remains a concern for the business and for the dispute resolution practitioners…
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Arbitration Clauses in Gas Supply Agreements
Author: Sandra de Vito Bieri | Publish Date: 15 May 2014One of the core elements of long-term Gas Supply Agreements are price review provisions (also called price reopener clauses), which allow parties to review the price of the gas during the life of the agreement. The importance of such clauses lies in the long-term nature of the agreements (often up… -
Paperless Arbitrations – Where Do We Stand?
Author: Gillian Lemaire | Publish Date: 19 February 2014Technology in arbitration is of course a vast subject which has been addressed extensively by a number of writers. This article focuses briefly on the issue of reducing paper in arbitrations. It considers: How are practitioners currently dealing with paper reduction at the various stages of an arbitration, especially the… -
Lists, Checklists, Guidelines, Principles, Techniques, Protocols, Best Practices: Are They Useful?
Author: Mirèze Philippe | Publish Date: 16 January 2014In the last twenty years there has been a proliferation of books, publications and articles about arbitration. Since the last decade arbitration news exchanges on listserves and through newsletters have further added to this industry of arbitration documentation. The arbitration community has noticed this phenomenon and sees in this abundance…