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Multi-tiered dispute resolution clauses, a friendly Miranda warning

On 29 April 2014, the French Cour de cassation made a decision on the criteria a multi-tiered dispute resolution clause (“multi-tiered clause”) should meet to render claims inadmissible if disregarded.1

In this case, Medissimo, a pharmaceutical company, entered into a contract with Logica, an IT company, to outsource the maintenance of a software program and the writing of two others. Alleging breaches in the performance of the contract, Medissimo initiated proceedings before the French courts against Logica for damages. Logica argued that Medissimo’s claim was inadmissible on the basis that it had failed to comply with the amicable dispute resolution clause in the contract prior to initiati [...]

Is Legal Reform Enough to Succeed in the ‘Battle of the Seats’?

In an article published recently in The New York Times, entitled ‘Cities compete to be the arena for global legal disputes’, Elizabeth Olson discusses a phenomenon that has been labeled ‘the Battle of the Seats’. This concept refers to the competition between different cities to be considered as ‘arbitration hubs’. Cities all over the world compete to be chosen by the parties as suitable venues for international arbitration. In the last months several jurisdictions that are not traditional arbitration hubs have enacted new arbitration laws or declared the intention to do so (examples include the Netherlands, Western Australia, the British Virgin Islands, India, and Myanmar). The [...]

Brazilian Court Recognizes An Unreasoned New York Arbitral Award

On September 1, 2014, the Brazilian Superior Court of Justice (“STJ”) issued an important decision recognizing, for the first time, an unreasoned arbitral award in Newedge USA, LLC v. Manoel Fernando Garcia. Notwithstanding challenges to the recognition and enforcement on the grounds that the New York arbitral award purported violated Brazilian public policy due to the lack of reasoning, the STJ concluded that the award complied with the legal requirements of the law of the place of arbitration and did not violate Brazilian public policy. The STJ’s decision is relevant in the context of actions for recognition and enforcement of foreign awards and demonstrates a pro-enforcement approac [...]

Brussels’ Sanctions Against Russia and Moscow’s Retaliatory Measures Through the Eyes of the Arbitrator

By Resolution of 27 March 2014, the United Nations (UN) General Assembly condemned the violation of Ukraine’s territorial integrity (A/RES/68/262). The Security Council remained, however, powerless to impose against Russia economic sanctions which all UN member States would have had to implement. In the absence of such “multilateral” sanctions, the European Union (EU) and the United States have put in place the broadest spectrum of “unilateral” sanctions against the Big Bear since the end of the Cold War.

Since March 2014, the EU has steadily reinforced its sanctions program. Measures so far imposed encompass the freezing of assets of individuals and entities connected to Russia [...]

Investment Protection – Swiss Style

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

While the press has been full lately of a reported backlash against investment arbitration, Switzerland has been making quiet progress in its efforts to update and expand on the treaty protections enjoyed by Swiss investors.

Switzerland historically has been an attractive location for international corporate headquarters. Corporations domiciled in Switzerland have a longstanding tradition of investing considerable amounts abroad. Despite Switzerland’s relatively small size, it is the seventh-highest direc [...]

A Call from an Arbitration Activist

I woke up one morning and found myself on the barricades.

It probably happened gradually. I just wasn’t paying attention. Nevertheless, here I am. On the barricades.

I’m still a bit lost up here. The barricade is definitely outside my comfort zone. No security blanket in sight. Only a discomforting sense of urgency, and a nagging feeling that we are on the verge of losing something important.

What drove me up here? I ask myself. Probably a number of things.

I am here because of think-tanks with high-pitched voices, lashing out at international arbitration on the basis of cases not yet decided.

I am here because of a lack of perspective in the debate on the pros and cons of internatio [...]

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