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Mauro Rubino-Sammartano | Global, Spain | 27 Nov 2020

Damages to be paid by an Arbitrator if the award is set aside due to lack of independence-impartiality

The Court of Appeal (Audiencia Provincial) of the Asturias by judgment 24 September 2020 has Ordered an arbitrator to pay damages on the grounds that…

Mauro Rubino-Sammartano | Global | 18 Nov 2020

Consequences of a Breach of Secrecy of Arbitral deliberations

A distinction as to such breach, as well as to its consequences, is to be made between on the one hand domestic and on the other hand transnational…

Mauro Rubino-Sammartano | Global | 11 Nov 2020

The hook of parallel Arbitration Clauses

The hurried drafting of the not substantive clauses of contract frequently ends up by hosting both an Arbitration clause and a submission to State…

Mauro Rubino-Sammartano | China, Global | 20 Oct 2020

Unacceptable Chinese ruling in Hebei of uncertainty of the arbitration agreement

It has been reported that the Shijiazhuang Intermediate People’s Court has very recently ruled in Hebei Zhongxing Automobile Manufacturing Co., Ltd…

Mauro Rubino-Sammartano | Global | 15 Oct 2020

Is the right to a public hearing absolute or at the discretion of the Arbitrator ?

In a decision handed down on 17 August 2020 (Decision 4A_486/2019) the Swiss Supreme Court decided on a setting aside application, made by a Turkish…

Mauro Rubino-Sammartano | Global, United Kingdom | 24 Sep 2020

Limits to commercially minded approach to contradictory dispute resolution clauses

In Albion Energy Limited v. Energy Investments Global BRL [2020] EWHC 201 (Comm.) the High Court had to construe two contradictory dispute resolution…

Mauro Rubino-Sammartano | USA | 17 Sep 2020

The Micula Saga unconvincing decision of the US District Court

The Micula Saga is characterized by the ICSID award (and its review by the ad hoc Committee) being just the beginning rather than the conclusion of…

Mauro Rubino-Sammartano | Global | 10 Sep 2020

Enforcement of ICSID awards despite an act of state and/or the foreign compulsion defence ?

It is well established that, as held by the Second Circuit of the US Court of Appeals in Mobil Cerro Negro Ltd. v. Bolivarian Republic of Venezuela…

Mauro Rubino-Sammartano | Global | 25 Aug 2020

Double Hatting

Double hatting is commonly used to refer to the practice of arbitrators who also carry on other activities such as counsel or expert witness. This…

Mauro Rubino-Sammartano | Austria, Italy | 27 Jul 2020

Opposite Court Rulings in Different Jurisdictions on Awarding Costs to the Losing Party

The Supreme Courts of Italy and Austria have recently rendered opposite rulings as to awarding costs to the losing party. The Italian Supreme Court…
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