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Thank you for subscribing to our monthly newsletter. Below you find this month's most popular posts. 

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Fast, faster, Early Determination Procedures?

Fast, faster, Early Determination Procedures?

On 1 November 2018, the revised HKIAC Arbitration Rules entered into force (see GAN: New HKIAC Administered Arbitration Rules further enhance efficiency of arbitrations). HKIAC has followed a recent trend in international arbitration and has introduced a provision providing for “Early Determination Procedures”. Under the new Article 43 a party may seek an early decision of the tribunal on factual …

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Author: Dr. Markus Altenkirch

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Belgium: Arbitration Clause in Agreements with FIFA and UEFA held Invalid

Belgium: Arbitration Clause in Agreements with FIFA and UEFA held Invalid

The Court of Appeal in Brussels has recently handed down an important ruling on the validity of arbitration clauses. Under Belgian law, any dispute relating to a 'defined legal relationship' can be submitted to arbitration. As such, an arbitration clause must define the scope of any potential dispute arising between the parties. By a judgement of 4 September 2018, the …

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Author: Michael De Vroey

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Australia ratifies the CPTPP

Australia ratifies the CPTPP

On 31 October 2018, Australia was the 6th country to ratify the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, also referred to as TPP-11).  Vietnam is the 7th nation to ratify the CPTPP on 15 November 2018. Also ratified by Canada, Japan, Mexico, New Zealand and Singapore, the CPTPP will come into force on 30 December 2018 (60 days …

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Author: Jo Delaney

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Italy: State courts' decisions on appointments and removals of arbitrators are not subject to extraordinary appeal

Italy: State courts' decisions on appointments and removals of arbitrators are not subject to extraordinary appeal

Article 111(7) of the Italian Constitution grants parties with the right to file an extraordinary appeal with the Supreme Court on grounds of error in law against any state court final decision regarding personal freedom. The reference to personal freedom would seem to limit the scope of the remedy to criminal actions. However, already in 1948, the Supreme Court of …

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Author: Lukas Innerebner

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U.S.: District court dismisses class action based on Telephone Consumer Protection Act upon finding that users of the Uber app agreed to arbitrate claims.

U.S.: District court dismisses class action based on Telephone Consumer Protection Act upon finding that users of the Uber app agreed to arbitrate claims.

Johnson v. Uber Technologies, Inc., No. 16 C 5468 (N.D. III. Sep. 20, 2018) Plaintiff Charles Johnson sued Uber Technologies, Inc. ("Uber") for sending an unsolicited text message in violation of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227. Johnson downloaded the Uber app in July 2013. As part of his signing up to use the app, Johnson …

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Author: Eileen Flynn

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U.S.: District court holds it has personal jurisdiction over non-signatory to an arbitration agreement.

U.S.: District court holds it has personal jurisdiction over non-signatory to an arbitration agreement.

Recom Corp. v. Miller Bros., No. 16-3320, (D.N.J. Aug. 16, 2018) In June 2014, electrical contractor Miller Brothers ("Miller") entered into a supply agreement with Recom Corp. to purchase solar panels for three construction projects in New Jersey. The supply agreement defined the "Contractor" as Miller and the "Vendor" as "Recom Corp…. its parents, subsidiaries, affiliates and assigns." Recom Corp. …

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Author: Kyle Olson

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Argentine Supreme Court supports restricted review of arbitral awards

Argentine Supreme Court supports restricted review of arbitral awards

On November 6, 2018, the Argentine National Supreme Court ("Supreme Court") ruled on a case regarding the annulment of a domestic arbitration award. The Supreme Court found that the award was not subject to annulment, since it had complied with the requirements of Sections 760 and 761 of the National Procedural Code ("NPC") and it did not affect public policy. …

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Author: Luis Dates

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