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Maria José Alarcon
ICSID Reform: Balancing the Scales?
January 28, 2022

On January 20, 2022, ICSID submitted its amended rules to the Administrative Council for a vote, marking the end of the five-year-old process of modernizing the ICSID Rules. ICSID members are…

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Titilope Sinmi-Adetona  (Legal Professional) , Ana Carolina Dall'Agnol  (University of Oxford)
2021 in Review: The African Continental Free Trade Area
January 28, 2022

2021 was significant for Africa with respect to the African Continental Free Trade Area (‘AfCFTA’) and the Agreement establishing it. The aftermath of the COVID-19 pandemic generated a global…

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Louise Barber  (Herbert Smith Freehills)
Tenke v Katanga: The English Commercial Court Provides Further Clarity on the Ability to Recover Third Party Funding Costs in Arbitration
January 27, 2022

The recent English Commercial Court decision in Tenke Fungurume Mining SA v Katanga Contracting Services SAS [2021] EWHC 3301 (Comm) has provided an interesting further comment on the broad…

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Alexa Biscaro  (Norton Rose Fulbright Canada LLP)
The (Continued) Case for the Emancipation of Arbitration from Canadian Courts: Watch Your Language
January 26, 2022

In the legal world, countless hours are spent choosing, weighing and defining words, expressions and phrases, and linguistic precision is instilled as a virtue from the first day of law school. It is…

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Guillaume Croisant  (Linklaters)
Was the European Commission Right to Qualify the Micula Award as State Aid? The Question is Referred Back to the EU General Court
January 25, 2022

In its judgment rendered today, the Court of Justice has quashed the General Court’s decision having ruled that the European Commission was not competent ratione temporis to assess whether the…

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Maria Fanou  (Queen Mary University of London)
2021 in Review: Key Investment-Arbitration Developments in Europe
January 24, 2022

Looking back on 2021, one realizes that for those interested in the intersection between EU law and investment arbitration, it was a busy year. As part of our customary “year-in-review” series, this…

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Stephen Minas  (Peking University)
COP26 Created New Carbon Market Rules: How Will Arbitration Respond?
January 23, 2022

As the climate crisis has intensified, much has been said about the roles that arbitration can play in the collective global response – including during the recent BVI Arbitration Week, which…

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Evgeniya Rubinina  (Enyo Law LLP)
Russian Sanctions Law Bares Its Teeth: The Russian Supreme Court Allows Sanctioned Russian Parties To Walk Away From Arbitration Agreements
January 22, 2022

As previously reported, in mid-2020, changes were enacted to the Russian Arbitrazh (Commercial) Procedure Code (“APC”) to establish the exclusive jurisdiction of Russian Arbitrazh courts over cases…

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C. Ferdinando Emanuele  (Cleary Gottlieb) , Chiara Capalti  (Cleary Gottlieb Steen & Hamilton LLP) , Anna Chiara Amato  (Bocconi University)
Is Italy on the Right Track to Become a Truly Attractive Seat for International Arbitrations?
January 21, 2022

As part of the complex set of reforms that Italy presented to the EU institutions to access the Next Generation EU program, the Italian Parliament recently approved Law No. 206/2021 (“Law 206”).…

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Theresa Tseung , Hiroko Yamamoto
2021 Year in Review: Key Developments in East and Central Asia
January 20, 2022

In 2021, East and Central Asia witnessed some noteworthy developments in domestic legislation, jurisprudence, and efforts to enhance the standing of arbitral institutions and seats in the region.…

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