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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals


 
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Public Policy Defense Rarely Bars Arbitral Award Enforcement
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When can a foreign arbitral award be enforced in Swiss insolvency proceedings against the insolvent defendant? This question arises because according to the provisions of the NYC, enforcement may be refused if the subject matter of the dispute is non-arbitrable. The arbitrability of insolvency-related claims is contentious under Swiss law…
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Russia has a long history of using its vast energy resources to carry out a sanctions and incentives regime against Ukraine, granting steep price discounts and generous credit terms to administrations it considers cooperative while punishing administrations that pursue more nationalistic policies. Since 2014, Russia’s energy sanctions have been combined…
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In September 2018, the Ninth Circuit Court of Appeals of the United States held that a timely asserted personal jurisdiction defense would not be waived where in a related matter between similar parties one party litigated other defenses and counterclaims.


The decision, InfoSpan Inc, Infospan (Gulf) Inc v. Emirates NBD…
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Justice must “not only be done, but should manifestly and undoubtedly be seen to be done” . The recent English case of Sierra Fishing Company & Ors v Farran & Ors [2015] EWHC 140 (Comm) illustrates the judicial reasoning applicable to applications to remove an arbitrator under s…
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Benjamin Franklin reportedly once asked “When will mankind be convinced and agree to settle their difficulties by arbitration?” As regards sports, where arbitration is now the most common way of settling disputes, the answer is “the 21st century”. This can be largely attributed to the Court of Arbitration for Sport…
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