Japan: Consequences of an arbitrator’s failure to disclose relevant facts

In a recent case, Japan’s Supreme Court overturned a decision of the Osaka High Court to set aside a JCAA award on the ground that the presiding arbitrator had failed to disclose relevant facts...

Brazil enacts “Economic Freedom” Act

On April 30, 2019 the Brazilian Federal government has enacted Provisional Measure 881 (“MP 881”), with the intention of boosting economic freedom and reducing bureaucracy. MP 881 reflects a liberal view of law. Not...

Construction and projects in United Arab Emirates: overview

A Q&A guide to construction and projects law in the United Arab Emirates. The Q&A gives a high level overview of the main trends and significant deals; procurement arrangements; transaction structures and corporate vehicles; financing...

Belgian Court suspends enforcement of arbitral award that constitutes illegal State aid

On 12 March 2019, the Brussels Court of Appeal suspended the enforcement of an arbitral award that was considered de facto illegal State aid by the European Commission, pending a final decision of the...

Third party funding in the UAE

This article considers the use and regulation of third party funding in the United Arab Emirates (UAE), historical impediments to the proliferation of third party funding, recent legal developments that may favour the growth...

International Arbitration Yearbook, 12th Edition – now available!

We are pleased to announce that the twelfth edition of The Baker McKenzie International Arbitration Yearbook is now available. This edition reviews important developments in arbitration in the past year across 45 jurisdictions, including changes...

Thinking ahead: What to consider prior to arbitration when securing warranties and indemnities under...

In the field of mergers and acquisitions, warranties and indemnities introduced to share purchase agreements (SPAs) offer certain level of security and allocate risk for unsatisfied expectations. As such, they are the main source...

U.S.: District court grants application for discovery pursuant to 28 U.S.C. § 1782 in aid...

In re Application of the Children's Inv. Fund Found. (UK), Sir Christopher Hohn, and Axon Partners, LP for An Order to Take Discovery Pursuant to 28 U.S.C. § 1782, No. 18-00104 (S.D.N.Y. Jan. 30, 2019)...

U.S.: District court recognizes as preclusive final, non-appealable Singapore judgment holding that parties had...

China Shipping Container Lines Co. Ltd. v. Big Port Serv. DMCC, No. 15 Civ. 2006 (S.D.N.Y. Jan. 15, 2019) Through a series of subcontracts, Big Port Service DMCC ("BPS") supplied marine fuel oil to...

U.S.: District court grants default judgment against an absent defendant and enforces arbitral award...

Tidewater Inv. SRL v. Bolivarian Republic of Venezuela, No. 17-1457 (TJK) (D.D.C. Dec. 17, 2018) Plaintiffs Tidewater Investment SRL and its subsidiary Tidewater Caribe, C.A. (collectively "Tidewater"), were investors in oil- and gas-related ventures...

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