Second Circuit holds that section 1782 discovery is not available in aid of private...

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In Re Application of Hanwei Guo for an Order to Take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782 (2d Cir. Case No. 19-781, July 8, 2020). Section 1782 of...

Disputes involving sanctions against Russian persons must now be settled in the Russian state...

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On 19 June 2020, a new Russian Law (Federal Law No. 171-FZ dated 8 June 2020, known as the “Lugovoy Law,” named after its author) entered into force, introducing a number of changes into...

Florida state appellate court rules on issue of arbitrability

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In Doe v. Natt, No. 2D19-1383 (Fla. 2d DCA Mar. 25, 2020) , a Texas couple, referred to as John and Jane Doe, filed suit against Airbnb, Inc. and Wayne Natt, the owner of...

Protection of foreign investments in South Africa

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Overview In recent years, South Africa has reviewed its BITs on the basis that it believed that the BITs were too restrictive and outdated. As a result, South Africa has, since 2012, terminated its BITs...

Hong Kong court upholds arbitral award challenged on grounds of lack of arbitration agreement...

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Introduction The only recourse for a party seeking to challenge a Hong Kong award is to apply to the Hong Kong Court of First Instance ("Court") for the setting aside of the award. The...

Innovative Protocol Developed for Virtual Arbitration Hearings in Africa

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The COVID-19 pandemic has had a huge impact on the way in which disputes are being resolved around the world. In most countries, courts and arbitral bodies have been forced to take measures to...

ICDR Y&I Online Debate – Virtual Hearings and Cybersecurity in International Arbitration

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Baker & McKenzie will be "hosting" the ICDR Y&I online debate on virtual hearings and cybersecurity, on Wednesday, July 24 at 11:00 am ET (5:00 pm CET). The debate teams will square-off on the...

Resolving Circuit Split, US Supreme Court Unanimously Rules That New York Convention Does Not...

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On June 1, 2020, in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, the US Supreme Court ruled, in a unanimous opinion, that the Convention on the Recognition and Enforcement...

Due Process Paranoia in International Arbitration: Singapore Court of Appeal Provides Useful Guidance to...

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In recent years, there has been a marked increase in the prevalence of challenges to arbitral awards based on alleged breaches of “natural justice” or “due process”.  Some observers have noted a corresponding impact...

Higher Regional Court Frankfurt Finds Publication of a Dissenting Opinion to be Ground for...

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German law strictly protects the secrecy of the deliberations of a court and therefore does not allow the publication of dissenting opinions of lower court judges. This is for several reasons: Firstly, if the...

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