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Jurisdiction

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Norton Rose Fulbright | USA | 16 Sep 2021

Recovering costs of enforcement and interest

Where a losing party refuses to honour an award, the winning party will need to go through the legal process of recognition and enforcement of the award in all jurisdictions where the losing party has assets. In doing so, the winning party can incur not-insignificant costs. An important question for parties seeking enforcement is whether a court will grant a winning party their lawyers' fees,......
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Norton Rose Fulbright | Global | 2 Sep 2021

Top 10 considerations for drafting arbitration agreements

Arbitration agreements are often treated as one-size-fits-all precedents that are included in commercial contracts without much thought. This approach can be counterproductive and result in increased time, cost and complexity to resolve disputes. A well-drafted arbitration agreement, taking into account the issues identified by this article, may serve to mitigate those risks.
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Norton Rose Fulbright | Global | 12 Aug 2021

Resolving joint venture disputes between investors and states

In the event of a breach of a bilateral investment treaty, there is a safety net for foreign investors in the form of direct recourse to international arbitration against the host state. The availability of remedies in investment arbitration can also serve to avoid disputes and facilitate negotiation, including where a local state joint venture partner seeks to later renegotiate the agreed......
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Norton Rose Fulbright | Global | 29 Jul 2021

Renewable energy project disputes: navigating the dark side of the energy transition

The substantial growth forecast for renewable energy capacity and renewable energy projects carries with it a significant risk of related disputes arising. This article explores the features of renewable energy projects, the types of disputes that may arise throughout a renewable energy project life cycle and the role of arbitration in resolving such disputes, particularly where projects have......
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Norton Rose Fulbright | USA | 8 Jul 2021

Supply chain disputes: avoidance, mitigation and resolution

Supply chains are increasingly complex. Careful management of supply chain disputes risk is critical given that disruption can reverberate throughout the supply chain with significant time, cost, operational and liability implications for all involved.
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Norton Rose Fulbright | Italy | 3 May 2021

A purposive approach: court decides not to revoke renewable incentives following minor formal infraction

A recent Council of State ruling has clarified the conditions for the award of tariffs to solar photovoltaic plants by finding that a failure to communicate construction completion to the relevant authorising authority cannot be considered a material infringement. This decision is comforting, as the Council of State has finally deviated from established case law with a view to safeguarding......
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Norton Rose Fulbright | USA | 1 Apr 2021

Monster Energy distribution dispute: amicus briefs do not create evident partiality

In a six-year dispute between Monster Energy Co and City Beverages, LLC d/b/a Olympic Eagles Distributing (Olympic), a judge sitting in the Central District of California has denied Olympic's motion to compel arbitration in a forum other than the Judicial Arbitration and Mediation Services (JAMS), finding that the JAMS' filing of two amicus briefs did not create reasonable doubt as to its......
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Norton Rose Fulbright | Global | 25 Feb 2021

LCIA Rules 2020: key changes

The new London Court of International Arbitration (LCIA) Rules 2020 came into force on 1 October 2020 and apply to all LCIA arbitrations commencing from that date onwards. The amendments are an attempt to streamline and modernise the LCIA rules. This article discusses the key changes introduced by the new rules and their likely impact on parties.
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Norton Rose Fulbright | Global | 11 Feb 2021

Proving corruption allegations – return to balance of probabilities standard?

Corruption allegations have blossomed as an area of interest in international arbitration. Numerous published awards show that states are increasingly relying on allegations of corruption to defend treaty and commercial claims. Despite this trend, no established approach exists for the standard of proof that applies to such allegations. However, recent awards show that the standard of proof......
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Norton Rose Fulbright | Global | 4 Feb 2021

Recent joint venture dispute trends in mining sector

This article considers the duties, both express and implied, which joint venture partners may be under when dealing with each other. Can a party simply look out for itself or must it consider its partners' interests when conducting joint venture business? How do arbitrators approach these questions?
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