2011 Developments in International Arbitration

Today, Disputing continues its 2011 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2011 by the International Law Office (free registration is required to view the articles):

• Brazil: Let’s continue to talk about arbitration!
• Canada: Validity of arbitration agreement is issue for arbitral tribunal, not court
• Denmark: New rules make arbitration faster and better
• Germany: Supreme Court changes jurisdiction on preclusion in enforcement proceedings
• France: Dallah: one test, two different findings
• India: Exercise of writ jurisdiction not absolute bar in case of arbitration clause
• Kenya: Court of Appeal affirms the final and conclusive nature of arbitral awards
• Lithuania: Supreme Court upholds enforcement of sports arbitration awards
• Malaysia: Arbitrator’s duty of disclosure
• Mexico : Liability for interim measures: can tribunals mitigate risk?
• Portugal: Overview (June 2011)
• Russia: Constitutional Court confirms arbitrability of real estate disputes
• Switzerland: Validity of conventional waiver of judicial challenge against arbitration awards
• Brazil: What constitutes a domestic arbitral award?
• Greece: Enforcing interest claims in arbitration
• India: Court implies exclusion of Part I of Arbitration Act in favour of alternative law
• Mexico : New bill disregards general principles of mediation
• Switzerland: Parties’ right to be heard on costs
• Turkey: New Code of Civil Procedure regulates domestic arbitration
• Ukraine Challenging international arbitration awards: legislative changes trigger debate
• United Kingdom Arbitrators not employees in anti-discrimination legislation
• Greece: Enforcing interest claims in arbitration
• India: Court implies exclusion of Part I of Arbitration Act in favour of alternative law
• Malaysia: Court rules on importance of maintaining arbitral
• Germany: Court rules on New York Convention’s more-favourable right provision
• India: Supreme Court rules on dragging non-parties to arbitration
• Kenya: Arbitration: advantages, drawbacks and processes
• Spain: Arbitration Law is amended: compulsory insurance policy introduced
• Switzerland: Supreme Court confirms benchmarks on pre-arbitration conciliation duties
• France: Arbitrators cannot seek a ruling on the constitutionality of statutory provisions
• Portugal: Back on the right track: Supreme Court rules on multi-contract arbitration
• United Kingdom: Court of Appeal rules on arbitrability of shareholder’s claims
• Finland: New legislation promotes mediation for commercial disputes
• Mexico: Appointment and powers of emergency arbitrators
• USA: New York legislature considers Article 75 bill
• Brazil: Superior Court sheds light on the concept of public order
• Malaysia: Court empowered to issue injunction pending dispute resolution

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