The Dream of a World Free of Pathological Clauses

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It has been 56 years since the article which coined the term “pathological clauses” was published in 1974. Throughout these years, many lectures, journal articles as well as entire book chapters have been dedicated...

The Show Must Go On: Alternative Dispute Resolution and Litigation During COVID-19 in Australia

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Dispute resolution mechanisms are still open to resolve disputes in these unprecedented times. Various forms of Alternative Dispute Resolution (ADR), including mediation, are being conducted online. Courts and arbitral tribunals are also conducting virtual...

Reform of Swiss international arbitration law: Where do we stand?

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In 2017, the Swiss Government released a draft bill aiming at a reform of the Swiss international arbitration legislation. In March 2020, the reform has been debated in the Swiss Parliament and a revised draft...

City of São Paulo enacts a law to foster arbitration and mediation

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On March 19, 2020, the City of São Paulo enacted Law 17.324/2020, to foster out of court resolution of disputes. The purpose is to reduce litigation in the city, stimulate ADR's and better manage...

Renewable energy: protection of investments through arbitration

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Investment in renewable energies is a vital part of the global strategy to address climate change. Many States provide strong support and incentives to encourage investments and accelerate the growth of this sector. Other...

International Arbitration Yearbook, 13th Edition – now available!

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We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This year, in recognition of both our clients' preferences for soft copy material and our...

Australian court enforces ICSID awards against Spain

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The Federal Court of Australia (FCA) has enforced two ICSID awards against the Kingdom of Spain (Spain) in Eiser Infrastructure Ltd v Kingdom of Spain.  The FCA rejected Spain's argument that it was immune...

Swiss Federal Supreme Court upholds broad interpretation of objective scope of arbitration agreement

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In its decision dated 6 January 2020, the Swiss Federal Supreme Court (SFSC) decided that an arbitration clause included in an agreement specifically regulating quality assurance encompasses all contractual disputes between the parties if...

The Rinehart case: to stay or not to stay

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Introduction The courts are often requested to enforce an arbitration agreement by granting a stay of court proceedings.  A stay application may be made when a party has commenced court proceedings even though the...

Ninth Circuit Court vacates arbitration award based on reasonable impression of arbitrator bias

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In Monster Energy Co. v. City Beverages, LLC, Nos. 17-55813 & 17-56082 (9th Cir. Oct. 22, 2019), the United States Court of Appeals for the Ninth Circuit, vacated an arbitral award based on later-discovered...

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