International Trade Constitutional Law Alternative Dispute Resolution (ADR)

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Arbitration World - July 2014

Welcome to the 27th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

March 2014: International Arbitration Update

Australia’s Highest Court Upholds Constitutionality of the Country’s International Arbitration Law. In TCL Air Conditioner (Zhongshan) Co. Ltd. v. The Judges of the Federal Court of Australia [2013] HCA 5, Australia’s High...more

Supreme Court Holds That Arbitrators, Not Courts, Are To Interpret A Treaty’s Arbitration Prerequisite

The United States Supreme Court has held that arbitrators, not courts, bear the primary responsibility for interpreting and applying a local litigation requirement of an investment treaty between the United Kingdom and...more

Fifth Circuit Holds that Personal Jurisdiction is Required in New York Convention Recognition Proceedings

On December 21, 2012, the U.S. Court of Appeals for the Fifth Circuit issued its decision in First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd., in which that court addressed, for the...more

Jams Dispute Resolution -- Winter 2012

In This Issue: IN DEPTH - ..How ADR Intersects with Multidistrict Litigation ADR CONVERSATIONS - ..Increased Diversity in ADR Essential to Keep Up with Evolving Global Marketplace ADR NEWS & CASE...more

Arbitration Process Reconfirmed in Landmark Indian Supreme Court Decision

On September 6, 2012, the Supreme Court of India delivered a landmark decision in Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc. In a decision that is expected to be welcomed by the international arbitration...more

Court System in Armenia

The court system in Armenia has been subject to multiple changes since the country gained its independence in 1991. Now that reforms have come to a halt, it is worth providing a short overview of the structure of the...more

Canada and Investment Treaty Arbitration: Three Prominent Issues - ICSID Ratification, Constituent Subdivisions, and Health and...

Co-authored with Barry Leon and Andrew McDougall. This article addresses three issues that have been of particular interest regarding Canada’s experience with investor-state arbitration. The first issue concerns the...more

The United States government does not have the power to make its obligations a legal tender

The United States Supreme Court, in the case of Julliard v. Greenman (110 U.S. 421), held that: 1) Congress had the power to make its obligations a legal tender in the payment of private debts, and 2) that this power was...more

English Supreme Court Champions Party Autonomy in Arbitration

The often-cited list of advantages of arbitration includes economy, speed, procedural flexibility, the ability to choose arbitrators, the neutrality of the process and cross border enforcement of awards. While parties with...more

Lloyd Msipa's pubic profile

Lloyd Msipa is a Zimbabwean Lawyer and aspiring Zimbabwean Politician. He was born in Bulawayo, Zimbabwe. His father was a ZAPU politician in Zimbabwe who died weeks before the merge between ZAPU PF and ZANU PF in December...more

HARMONISATION OF INTERNATIONAL COMMERCIAL ARBITRATION

International Commercial Arbitration is the preferred method of dispute resolution between parties from different legal jurisdictions precisely because of its flexibility in the choice of law. Yet, that same flexibility...more

Overcoming Latin American Skepticism to International Arbitration

This brief analysis of Latin American constitutionalism evaluates how the use of international arbitration can be a more effective tool of contract compliance given the region's traditional skepticism of enforcement...more

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