Enforcement of an Award Set Aside: the So-Called “Preferred Approach” and its...
The Main Approaches Regarding Enforcement of Annulled Foreign Awards The ongoing issue of whether an award that was set aside in the country of origin should be enforced has recently arisen in England...
View ArticleHybrid Arbitration Clauses Tested Again: Can the SCC Administer Proceedings...
Party autonomy is a well-established cornerstone of arbitration, which treats the parties as the true creators of the arbitral procedure. Hybrid arbitration clauses are built on this cornerstone. In a...
View ArticleTo Pay or Not to Pay: A Lesson from the Pre-Paid Legal Services v Todd Cahill
Non-payment of the share of an advance on costs in arbitration has consequences on an arbitration agreement, arbitration proceedings and a possibility for the parties to have recourse to courts. The...
View ArticleSevere Breaches of Duty of Confidentiality and Impartiality in the Dispute...
On July 22, 2015, the transcripts and the audio recordings of the conversations between Dr. Jernej Sekolec, one of the arbitrators in the arbitration regarding the territorial and maritime dispute...
View ArticleThe Effects of Bankruptcy on Arbitration: An Unresolved Issue of...
The effects of bankruptcy on arbitration remain unclear and they differ from jurisdiction to jurisdiction. Although being oft-discussed in doctrine as well in court and arbitral practice, there is...
View ArticleCroatia: New Arbitration Court Specialised for Small Claims
In January 2015, a new arbitration institution, under somewhat ambiguous name of the Civil Arbitration Court (“Parnični arbitražni sud”) [“CAC”], was established. The program and rules provided by the...
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