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Becerril Coca & Becerril SC | Mexico | 19 Aug 2021

Arbitration tribunals in Mexico: what parties need to know

This article outlines the key features of the arbitration process in Mexico, including identification of the major arbitration institutions, changes to the constitutional right to dispute resolution and the benefits of this dispute resolution mechanism in Mexico which have seen its popularity grow exponentially therein.
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Clasis Law | India | 17 Aug 2021

Court's power to terminate nominated arbitrator

The Delhi High Court recently held that when the appointment of an arbitrator is non est (ie, not in accordance with the agreed procedure), then such an appointment can be ignored and the aggrieved party is within its rights to approach the court for appointment of arbitrator under section 11 of the Arbitration and Conciliation Act. This decision, as well as recent Supreme Court judgments and......
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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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Makarim & Taira S. | Indonesia | 11 Apr 2019

BANI legal status up in the air

The Indonesia National Board of Arbitration (BANI) was established in 1977. In 2016 the Ministry of Law and Human Rights created BANI Pembaharuan (ie, the Renewed BANI), which claims that it is a revised version of the original BANI. However, the original BANI does not recognise the Renewed BANI and claims that it has been using the BANI name unlawfully. This duality could create uncertainty......
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Borden Ladner Gervais LLP | Canada | 28 Mar 2019

Attempting to consolidate arbitral and non-arbitrable disputes can compromise arbitration agreements

The Ontario Superior Court recently considered the application and operability of an arbitration clause in a subcontract in the context of a related claims proceeding under a related main contract. The case highlights the challenges involved in drafting pre-dispute arbitration clauses that will operate effectively when multiple claims arise between multiple parties under multiple contracts.
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Matheson | Ireland | 26 Mar 2019

Discovery process reaches crisis point: Supreme Court to consider reform

Businesses with experience litigating in Ireland will be familiar with the discovery process and the onerous obligation to disclose all relevant documents which are in their power, possession or procurement. In an age when the volume of electronically stored information continues to increase exponentially, the costs and time involved in complying with discovery orders can often be......
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Cocalis & Partners | Greece | 21 Feb 2019

Annulment of arbitral awards for violating public order provisions

Under Article 897 of the Code of Civil Procedure, an arbitral award can be annulled in whole or in part by a decision from the competent national court only if it is contrary to, among other things, public order provisions or bonos mores. Examples of public order provisions that would justify the annulment of an arbitral award include jus cogens rules which have been enacted in order to......
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Ogier | Cayman Islands | 31 Jan 2019

Court of Appeal overturns anti-suit injunction in favour of Argyle Funds SPC Inc

The Court of Appeal has unanimously allowed every ground of an appeal by the liquidators of Argyle Funds SPC Inc. The key takeaway for the Cayman Islands professional services industry is that where work is delegated to be carried out by related entities outside the Cayman Islands, any attempt to contractually limit clients' rights to bring claims against those entities must be expressly......
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Obeid Law Firm | Lebanon | 10 Jan 2019

An alternative solution: judicial mediation

In line with Lebanon's pro-alternative dispute resolution attitude, a further option in the form of judicial mediation was recently made available to parties through the implementation of Law 82. Judicial mediation offers an alternative mechanism for settling disputes in an efficient, fair, timely and confidential manner and should help to lessen the increasingly overwhelming workload faced......
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