Arbitration World - April 2020

FROM THE EDITORS -

Welcome to the 37th 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 in-house counsel with responsibility for dispute resolution. At the time of publication of this edition, countries worldwide are seeking to cope and come to terms with the emerging Coronavirus (COVID-19) pandemic.

In this edition of Arbitration World, we include our usual update on developments from around the globe in international arbitration and investment treaty arbitration, including an update the current status concerning the potential implications of the Achmea decision of the Court of Justice of the European Union. We review the Swedish Arbitration Act 2019, aimed at fostering Sweden’s standing as an attractive venue for arbitration. Third party funding of arbitration is now permitted in Hong Kong and we consider the potential significant of this development. With regard to the United Arab Emirates (UAE), we review the UAE Arbitration Law, introduced in 2018, and how it can be expected to shape arbitration in the UAE going forward and consider a mechanism introduced to allow the expedited enforcements of foreign arbitration awards in the UAE. We also re-produce two articles that were previously the subject of Arbitration World Alerts, in particular a report of a decision by the New York Appellate Division, First Department affirming New York’s pro-arbitration policy and the limits of judicial review of arbitration awards in the United States, and a discussion of 28.U.S.C. §1782 and how it can result in U.S. resident companies / persons having to provide information or documents to foreign arbitration proceedings, and its potential application to trade secrets.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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