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The Rise of Russia’s Far East Is Likely to Prompt Changes in Arbitration Geography

Introduction and background

Vladivostok is often perceived as the ‘capital’ of Russia’s Far East. It is also often portrayed, however, as Moscow’s backward colonial outpost, with few cars on the streets and where the supermarkets’ half-empty shelves offer nothing but Bulgarian pickles and stale bread. This perception is misguided.

Russia’s Far East encompasses 36% of Russia’s entire territory: that is, 6.2 million square kilometres, or about 8,700 times the size of Singapore or 5,600 times that of Hong Kong. The region produces over 60% of Russia’s gold, 90% of its diamonds, 65% of its fish products, 30% of its timber, and an increasing share of Russia’s oil and gas. The re [...]

The ICSID Recent Decision on Greek PSI: Can Sovereign Bonds Be Protected as Investments?

A ruling issued on the 9th April 2015 by the International Centre for Settlement of Investment Disputes (ICSID) rejected a case brought by a Slovak bank and its shareholders against the 2012 PSI bond ‘haircut’ in Greece via the activation of Collective Action Clauses (CACs) (the award is available here).

Poštová banka (a Slovakian bank) and one of its shareholders (Istrokapital SE) filed an international arbitration claim against Greece for the Private Sector Involvement Program (PSI), invoking the claim that Greece adopted measures in breach of international treaties, depriving the value of their investments in Greek bonds back in 2012.

Concerning the factual background of the case, it is [...]

The Evolution of Arbitration in the Arab World

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm.

Arbitration in the Arab World is a hot topic these days. Over the past few decades the Arab World has become a region at the forefront of international arbitration expansion. With increasing numbers of commercial actors coming out of the Arab World and with regional arbitration centers being established in many Arab states, large numbers of international arbitration cases are now linked to the Arab World.

The increased use of arbitration in the Arab World has often been attributed to foreign investment and the presenc [...]

The Recent Amendments to the Brazilian Arbitration Act – One Step Back, Two Steps Forward?

On May 26, 2015, the law containing the amendments to the Brazilian Arbitration Act (BAA) was finally enacted (Law n. 13,129/2015), almost 20 years after the publication of the BAA. It will soon enter into force, on 27 July 2015.

Though Law n. 13.129/15 amended certain provisions of the BAA and introduced some innovations, it maintained the structure of the BAA, as well the substantial achievements contained therein. It went further to reflect consolidated practices in Brazil, as well as to strengthen the practice of arbitration in the country. Some of the amendments are likely to stir discussions in practice and before the courts (as anticipated in one of last week’s post). The aim of thi [...]

The Proposed Mediation Convention: UNCITRAL at a Crossroads in Vienna

Vienna can be a confounding place for an outsider. In one moment, the city projects itself confidently into an innovative, international future and yet in the next moment can appear irrevocably bound to traditions.

Being forward-minded in dispute resolution, Vienna is host this week to the IBA-VIAC International Mediation and Negotiation Competition, a four-day event in which 16 teams will seek to use consensual dispute resolution to resolve the problems of the 2015 Vis Moot Competition, which is itself hosted in Vienna. And, lest anyone forget, the Vienna International Arbitration Centre (VIAC), a regional and global leader in dispute resolution, will celebrate its 40th birthday this comin [...]

Does The “Culture” Of International Arbitration Serve Its Users?

The 27th Annual Workshop of the Institute for Transnational Arbitration (“ITA”), which took place on June 17-18 in Dallas, Texas, examined  “Subconscious Influences in International Arbitration”.  The Workshop was organized by co-chairs José Astigarraga of Astigarraga Davis (Miami), Professor Margaret Moses of Loyola University Chicago School of Law (Chicago) and Luke Sobota of Three Crowns LLP (Washington, DC).

In keeping with the theme, an illuminating panel, featuring a keynote speech by Professor Jeffrey J. Rachlinski of Cornell University Law School, focussed on the influence of human psychology on decision-making by arbitrators and empirical studies reflecting such influence [...]

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